I move amendment No. 3: In page 5, line 22, to delete the comma after “Act” and substitute the following: “— “cause of action”, “defamation” and “defamation action” have the same meanings as they have in the Principal Act;”. This amendment seeks to include different references to "cause of action", "defamation" and "defamation action", which were not in the original Bill. The amendment ensures that certain terms used in the transitional provisions introduced by amendments Nos. 11 to 17, inclusive, amendments Nos. 1…

I thank Deputies Carthy, McGrath and Gannon for their contributions. I will start on where there is agreement in what they have said. It is correct to say that the contentious part of the legislation before the House is Part 3, which concerns the abolition of juries. I acknowledge that the colleagues who have spoken are generally supportive of the legislation, notwithstanding their opposition to Part 3. As the Deputies mentioned, we had a very thorough discussion on this issue on Committee Stage. I stand over every…

First, I will deal with Deputy Carthy's point about time or costs. The point I make is that if a case takes longer, it will cost more. Individuals will have to pay more for a case if it goes for six days rather than four days. The two extra days will add extra cost to it. Both colleagues referred to the Higgins decision. It was an important Supreme Court decision that set out the bands that should be awarded for defamation awards. The Higgins decision will still apply whether there is a jury or not. When it comes t…

I move amendment No. 5: In page 6, line 21, to delete “the”.

I move amendment No. 7: In page 6, line 25, to delete “instituted” and substitute “brought”.

I move amendment No. 8: In page 6, to delete line 32.

I move amendment No. 9: In page 7, line 9, to delete “instituted” and substitute “brought”.

I move amendment No. 10: In page 7, line 19, after “corporate” to insert “that is made on or after the date of the coming into operation of section 6 of the Defamation (Amendment) Act 2025 ”. This group consists of the transitional provisions included throughout the Bill. Before I address those amendments, since we are on section 8, I will refer to the section. It deals with the provision of a new defence for retailers in circumstances where they are accused of defamation by persons who allege they were defamed by …

I will reply to the point Deputy Carthy made about section 8. It got some publicity as well around the fact that it was suggested I had deliberately changed the provisions of section 8 to suit myself, or for some purpose that was not in the public interest. As Deputy Carthy knows, that is not correct because he was here on 2 August last year when the Bill was introduced and there has been no change to section 8 since then. I am happy to sit down with retailers. This is a very powerful defence but like any defence, …

I move amendment No. 11: In page 8, between lines 4 and 5, to insert the following: “(2) The amendment effected by paragraph (a) of subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.”.

I move amendment No. 12: In page 8, between lines 31 and 32, to insert the following: “(2) The amendments effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.”.

I move amendment No. 13: In page 9, between lines 3 and 4, to insert the following: “(2) The amendment effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.”.

I move amendment No. 14: In page 9, between lines 18 and 19, to insert the following: “(2) The amendment effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.”.

I move amendment No. 15: In page 9, between lines 18 and 19, to insert the following: “Defence of publication on matter of public interest 11. (1) The Principal Act is amended by the substitution of the following section for section 26: “Publication on matter of public interest 26. (1) It shall be a defence (to be known as the ‘defence of publication on a matter of public interest’) to a defamation action for the defendant to prove that, in all the circumstances of the case— (a) the statement in respect of which th…

I will be brief in response. I note what Deputy Carthy said about the provenance of the Reynolds defence, which emanated from the British House of Lords. I am not trying to open up old wounds, but the jury system came from the British system of justice that operated in Ireland. I will not go back on that. Deputy Carthy said that people should not tell lies. Everyone agrees with that. However, most defamation actions do not involve a defendant who has deliberately told lies. Most defamation actions that arise are as…

I move amendment No. 16: In page 9, between lines 18 and 19, to insert the following: " Abolition of Reynolds defence 12 . The Principal Act is amended by the insertion of the following section after section 26: “ Abolition of Reynolds defence 26A . (1) Any common law defence known as the Reynolds defence that, immediately before the commencement of section 12 of the Defamation (Amendment) Act 2025 , could have been pleaded as a defence in a defamation action is abolished. (2) Subsection (1) shall not apply to caus…

I move amendment No. 17: In page 10, after line 37, to insert the following: "(2) The amendment effected by subsection (1) shall apply only to causes of action accruing on or after the date of the coming into operation of this section.".

I move amendment No. 18: In page 11, between lines 8 and 9, to insert the following: "(2) The amendments effected by subsection (1) shall apply only to applications under section 28 of the Principal Act made on or after the date of the coming into operation of this section.".

I move amendment No. 19: In page 11, between lines 11 and 12, to insert the following: “(2) The amendment effected by subsection (1) shall apply only to actions for damages for defamation brought on or after the date of the coming into operation of this section.”.

I move amendment No. 20: In page 11, between lines 25 and 26, to insert the following: “(2) The amendments effected by subsection (1) shall apply only to defamation actions brought on or after the date of the coming into operation of this section.”.