European Directive on Strategic Lawsuits against Public Participation: Motion
Seanad Éireann — 2022-07-05
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Vincent P. Martin (GP), Nominated by the Taoiseach

The Minister of State is welcome to the Chamber. The points have been well covered by my fellow Senators. I note the Minister of State said that he would monitor the situation to ensure there is no unintended consequence of this initiative. It is not so much a question of whether to SLAPP or not to SLAPP; it is a question of what a SLAPP is and could it ever be used in a situation that may be inappropriate. On the balance of advantages versus disadvantages, I believe the motivation behind this directive is well intended.
It is to protect people who may not have a bottomless pit of funds so that their voices can be heard in court. It is to protect those who may not be able to withstand a deliberate assault - metaphorically speaking - causing a chilling effect. While I am happy to support the motion, it is something we should continue to monitor on a regular basis. There are mechanisms in place in our courts. If there is a particular serial litigant we can seek an Isaac Wunder order. There is a long-established right to go to court on notice to the other side with an application that it is bound to fail if a matter is vexatious with no grounds whatsoever. The motion is something I will keep an open mind on. I believe the intention is good. The remarks of the Minister of State on behalf of the Minister for Justice were well made.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-07-05/debate/main
Retrieved: 2026-09-21T01:01:02+00:00
Sitting date: 2022-07-05