Defamation (Amendment) Bill 2024: Report and Final Stages
Seanad Éireann — 2026-01-21
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senators McDowell and Craughwell for their amendment. In respect of the point raised by Senator McDowell, if I can refer to the example I referred to in the previous amendment about discovery, sometimes individuals get discovery of documents in proceedings because they are necessary and relevant to the proceedings. The individual can only use those discovered documents, whether they are from another party or a non-party, for the purpose of the litigation. There is an implicit undertaking given by an individual who is granted discovery of documentation that it will only be used for the purpose of the litigation. It cannot be used for a collateral purpose.
I note what Senator McDowell says, but in the context of the Defamation Act and defamation Bill, the only reason a court will grant an identification order is for the purpose of facilitating a defamation action. I cannot provide a mechanism outside of the defamation Bill for somebody to find out this information out of curiosity. If I am going to put it in the defamation Bill, it has to be for the context and in the context of the individual bringing the application because they want to initiate proceedings against the defamer.
Amendment No. 21 refers to being able to go back to the court in respect of the identification order. In subsection (4)(b), when the court is making the order, it can make it subject to such conditions as it considers appropriate, which may include the issues I set out in rules subparagraphs (1) and (2). The court will always have control of its jurisdiction. It can apply whatever conditions it wishes. All we can do is provide the statutory architecture for the court to provide these identification orders. I do not believe it is necessary, or would be appropriate, for us to allow for an identification order to be made for purposes other than the defamation action.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-21/debate/main
Retrieved: 2026-08-14T04:54:31+00:00
Sitting date: 2026-01-21