Defamation (Amendment) Bill 2024: From the Seanad
Dail Éireann — 2026-02-11
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Jim O'Callaghan (FF), Dublin Bay South

Section 26 has not operated in the way we wanted it to when it was enacted by the previous Oireachtas back in 2009. I think this will benefit it. What I am putting in will make sure it is fair, as well as reasonable. Regarding the retailers, there is a specific section that puts in place what was previously a form of qualified privilege where they had to stop somebody and ask them whether or not they had paid for goods in circumstances where they had not.
What everyone wants to hear about is the abolition of juries in the High Court. I would point out that if you take a Circuit Court action for defamation, you do not get a jury. The principle in respect of juries is that, since 1988, they are increasingly being removed from civil actions. It used to be the case, in the early 1980s, that when someone had a personal injury action in Ireland, they had an entitlement to a jury. We got rid of that on the grounds of efficiency and to speed up the process. Unquestionably, it is the case that one of the advantages or consequences of not having a jury in a case is that the trial will be expedited, and we get a solution much faster.
Deputy Kelly wants to know why it is that I did-----

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-02-11/debate/main
Retrieved: 2026-09-14T01:01:02+00:00
Sitting date: 2026-02-11