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Minister wrong to abolish juries in High Court Defamation cases and he knows it – Matt Carthy TD

1 May 2025

Speaking during the Committee Stage debate on the Defamation (Amendment) Bill, Sinn Féin spokesperson on Justice, Matt Carthy TD, said the Minister was wrong to press ahead with abolishing juries in High Court Defamation cases.

Teachta Carthy said:

“Sinn Féin is opposed to the removal of juries from High Court defamation cases as a matter of principle and will not be able to support the Bill if this remains the Minister’s position. It is important to put on the record that our opinion is shared by many in the legal profession.

“The importance of members of the public determining issues relating to damaged reputation and freedom of expression was very clearly highlighted by both the Bar Council and the Law Society. This holds weight and seems like eminent common sense. In adjudicating whether a person’s reputation is damaged, who better to pass judgement than a jury of one’s peers?

“During the pre-legislative scrutiny, there was unanimous support for juries, including from the now Minister. It is astonishing that the Minister appears to be admitting that he does not personally support the provisions in this bill to abolish juries, but is moving ahead with it based on what the previous Minister recommended and because he is bound by collective government decision making.

“What is the point of having committee stage if not only is it the case that the Minister is not going to be convinced, but even if the Minister is convinced, he tells the House he will not do anything about it because his hands are tied behind his back?

“I hope, in advance of the next stage of this bill, that the Minister will reconsider his approach to the outright gutting of the role of ordinary people serving on juries and making determinations as to whether defamation has occurred.”

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