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INDIVIDUALS AND ORGANISATIONS being sued for defamation will be able to apply to have their case struck out if a court deems it to be a strategic lawsuit.
A major overhaul of the State’s defamation regime seeks to target so-called Strategic Lawsuits against Public Participation (SLAPPs).
Also included in the changes is the removal of juries from High Court defamation proceedings and a statutory defence for the retail sector.
The changes are part of the Defamation (Amendment) Bill, which was approved by Cabinet and is due to come before the Dáil in the autumn. The full text of the bill is expected to be published on the Oireachtas website next week.
SLAPPs occur where a plaintiff launches unfounded defamation proceedings against an individual or organisation in order to silence investigations, discussions, or debates.
Minister for Justice Helen McEntee said that they are “recognised internationally as a significant challenge to press freedom and democracy, given the chilling effect they have on the work of investigative journalists and others”.
The legislation will make it possible for a defamation case to be declared a SLAPP, allowing for the defendant to seek that it be struck out, and provide for an accelerated timeframe for the case. A defendant will be able to seek a declaration that a case is a SLAPP at any time.
It is understood that an amendment allowing the courts to award damages for harm suffered due to a SLAPP is to be presented in the future.
The removal of juries from High Court defamation proceedings is the other major change presented by the Bill.
Minister McEntee said that this was intended to “reduce the likelihood of disproportionate awards of damages, significantly reduce delays and legal costs, and reduce delays, legal costs, and the duration of hearings”.
It is understood that the level of damages being awarded by juries was consistently deemed to be too high, and tended to be reduced on appeal, leading to further legal costs and slowing down of judicial processes.
The decision as to how much damages will be awarded in cases will rest entirely with judges. It is understood that there will not be a cap placed on potential damages.
A provision to provide a defence for live broadcasters will also be introduced. This will allow a defence if the broadcaster can prove that proper precautions and actions were taken before and when a defamatory statement is made on air.
Examples include proper screening of guests before a broadcast so as not to feature an individual known to make defamatory statements on a topic, and immediately countering a defamatory statement and distancing the broadcaster from it while still on air.
These will be available to broadcasters as a separate defence, distinct from already existing provisions to mitigate damages.
Retailers
Retailers will also be to avail of the defence of “qualified privilege” to defamation proceedings, which is already present under the law, and applies when a statement is honestly made in good faith.
It will be available to retailers in instances such as, for example, when a person is stopped trying to walk past a checkout to leave a shop with goods, and asked to produce a receipt.
It is understood that the provision is being introduced in response to stakeholder concerns about a large increase recently in claims of verbal defamation against retail business, particularly small and medium businesses.
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I wonder have they figured out that smaller trucks equals more trucks.
More trucks more Road tax, more toles, more drivers and more PAYE
James, of course not that would mean thinking something through
*toll
Hadn’t thought of that Sarah, so they have thought it through.
True smaller trucks does mean more.
But do we raise all the bridges in the country that are to low for these trucks.
Think that mite be more costly and disruptive
Its cheaper then fixing the road infrastructure.
Than ….. Cheaper THAN
There’s no asterisk in it Professor.
Ciaran.. raise what bridges? They’ve all obviously been fine until now. A 4.65m truck could happily fit on our roads yestrerday but today they’re banned. Low bridge, route around it. This is not about bridges! It’s about money!!
That means companies using three trucks instead of one., which means paying more money for transportation., that means less import and export… and delivery charged going up.. Genius.
Exacty!
Niall.really all bridges have been fine.so a truck has never hit a bridge?
I’m not a big fan of our governments either but this decision seems logical.they have had seven years to replace the trailers and most haulage companies are ok with it.
Dump’s like a Truck Truck Truck
Thigh’s like What What What
Baby move yr But But But
Let me sing it again
WooOooo Ooooo
Slice a foot off the top and add it onto the back, it would only have to be around 4 to 5ft longer to take the same volume. So you won’t need any extra trucks!
More jobs. That is good.
Than should not be spelled in capitals in that context Tim.
Bad news for freight companies and the consumer.
We are a tiny country and by skimping on our tunnels and bridges we’ve now ruled ourselves out on being able to utilise our deep water ports.
There’s always a grammar nazi!
Careful now, at least I didn’t use they’res!
Good point Sarah. Never saw it that way.
Route around it Ciaran. Been done for years now.
and what wrong with that more truck =more job
I wonder do people read these articles before commenting. We have a road and rail network developed in the 1800s before these things existed and therefore their height clearance is limited. People bay for blood on here if there’s an article about a bridge strike that holds up traffic in Dublin or where ever it may be. This ban has been on the cards for years, that’s why they didn’t design the tunnels to accomodate them! Why pay millions extra to accomodate a vehicle that’s going to be made extinct? This is an EU wide ban. There won’t be trucks coming on ferries of a different size because they are banned! Oversized loads are an exceptional circumstance and special arrangements can be made to accomodate their movement. As for roadtrains or massive transcontinental style trucks where do you think we bloody live? This is a tiny island with tiny roads with a smaller economy moving fewer, lighter, smaller goods between points. We are an agriculture, tourism and service based economy and the only materials being moved in bulk are processed foods, beverages and pharmaceuticals. All moved in containers for relative simplicity. Yes there are some businesses like the cnc man above moving large loads but they are the exception. Now given that, why the F would we need anything as big as a bloody roadtrain?! This doesn’t affect the average person so why are ppl getting worked up?
‘Cause a roadtrain would probably get you there faster than Iarnrod Eireann and then there’d be no need for railroad bridges ;)
You do make valid points though. Well said!
I thought it was the rules that you get worked up here! You read the article, then when you get to the comments you put on your “Mr. Angry Person” hat.
Was I wrong?!?!?
Fergus; rofl! Good point. I stand corrected! ;-)
Very well said Barry, if I could green thumb your post a hundred times I would. Only piece of commonsense I’ve seen about this so far.
Barry Ireland is bigger than Holland & they’re testing the biggest prototype trucks there. We are going to get them as well. Probably an extra 3 meters longer or maybe even more.
Yes but mj they also have rotterdam europort. The netherlands is the gateway to europe for cargo and therefore they need transcontinental sized trucks. I’m sure some of the trucks you talk about will end up here, I’m saying they most likely won’t be a common sight. Also the height is what’s at issue. The country just isn’t of a scale or economic demand to warrant the likes of a road train as was mentioned above is what I’m saying.
We have some of the best equipment in the transport industry here. Our exports depend on road transport more than any other country as we are an island. Road transport does not require huge government investment & it’s as fast a aircargo into central Europe. I disagree with your view. We have lost a lot of transport companies in the last 3 years but they are coming back now so I see road transport as a big employer in Ireland & if the rules change for bigger vehicles we will probably be at the front as we were in the past.
Fergus, em…er..ehh..zzzzžzzzzzzzz…sorry…where was I?
It is not an eu wide ban the heights are over five meters in the rest of Europe
All tunnels &bridges in holland Germany Switzerland are 4m high the eu want a standard size trailer that when it reaches it lifespan it can be sold easily to another country plus two of the biggest trailer makers are in Germany
what about the farmers with their mostrous loads of hay
This is going to affect them, but then it is ok, hopefully the extra cost of a second truck to bring fodder, will be absorbed by the city folk with an extra charge on milk, cheese, bread, meat,
There still not as high as the double decker!
Those of us living in rural Ireland drink milk & eat cheese too & we’re not all farmers either!!
Less than a 1 in 50 people in Ireland is a farmer but people seem to think they are popping out of every cupboard and press in the country.
Irish problem?? Don’t worry we have Irish solution!!!
Why did you type that in a Russian accent?
Yes, we could lower the roads !!
A problem of our own making and solution to match. . What idiots
Our own making? Leave me out of this,
In soviet Russia, problem solves you
This is just taller trucks. Bigger trucks are on the way like in Scandinavia. There being tested all over the EU & the EU is trying to get all countries on board. Bigger trucks are more efficient &have a smaller carbon output. This new rule for tall trucks is not new. It’s an EU directive introduced about 6 years ago.
@ mjhint so if they’re bigger but not taller and they’re not wider then they must be longer, so longer tailbacks, more delays, burn more fuel, right.
Not long enough to affect traffic congestion
No James the opposite. Bigger trucks less trucks same as ships.
Where i live they are called a truck and main street,not lorry and high street.
Yeah, it’s funny, they were lorries when I was a kid but that was a very long time ago.
How tall is a double decker bus?
Ah c’mon now Alan. Stop with the logical thinking please. When was the last time you saw a double decker bus going further out of town than Maynooth? Sure why would the rail infrastructure be threatened by them.
Max height for a double decker is 4.57 metres.
So a double decker bus with a seagull on top is fecked
no the seagull is fecked
Catch a double decker most days Dublin to Edenderry number 120.
Conor – Touché
Nice Conor :D Coffee almost went up the nose here with the mental image of the seagull’s eyes at that moment! Respect!
Double deckers go to meath and cavan too
Yes but they come back as single deckers…….ccrruunchh!
Alan you have a very good point, and to be far you would need to put every double decker bus in the country off the road as well.. the average height of a bus is 4.38meters as the average height of a DD TRAILER IS 4.3 meters..!!!!
Yeah but buses following the same route day in and day out. When a truck driver gets sent off, I’d imagine they don’t give him a specific route to follow unless it’s an abnormal load
Am not going to disput that Anthony Carrol, and trust me i should know i have been driving trucks for 20 years..!!!! and been stuck in front of a low bridge on more than one occasion in my life and thats with a standard height tri let alone a DD..!!! But it dont help that the road network and the signage is in certain places is still in the dark ages.!! Dont get me wrong there are maps out there that give you the height of every bridge in the county and the weight limits on the roads you are traveling but there is always that 1 that slips through the net,This is a problem that has to be addressed right across the board not just left at the door of the haulier to fix, cause some pen pusher in an office thinks this is a quick fix to a wider problem and will save money for Government Departments…Its the same old story the working man is being punished for trying to go out and earn a living…
Sweet Truck All
Only in Ireland.why couldn’t they have made the tunnels bigger when building them they knew about the height of these lorries.
Ah for truck sake!
@neeneee
Your wasting your breath That argument is older than the tunnel itself!! :-/
Because if we’d made the tunnels bigger than standard EU size, it would have cost more and there would be people complaining that we’re spending money on something unnecessary just to suit Tesco.
They knew these trucks were goibg to be banned when they were designing the tunnels. This has been in the cards for years!
Yeah, right!
They are banned from overtaking on motorways, too, but have you ever seen that enforced?
They aren’t standard eu size though. Some of the older tunnels in the alps are taller than our tunnels.
You have hit the nail on the head, the people in positions of authority are not there on merit, look at the scaredy cat who is afraid to debate anything in public in charge (on behalf of the EU banksters) running the country.
Something seriously wrong if your overtaken by a truck on a motorway.
There’s a technicality out there re the overtaking. The law was meant for 3 lane dual carriageways/motorways. When it was enacted that bit wasn’t clarified so now the law technically states that effectively trucks aren’t allowed to overtake on any carriageway. That’s why the Gardai don’t enforce it. There are certain circumstances where trucks should be able to overtake. You can’t blanket ban overtaking by trucks.
That was a reply to Karl
I have never seen undertaken enforced either, as dangerous as were made to believe. Have you ever seen anybody been pulled in for undertaking?
There goes the fm104 roadhog!
Pity. Our grocery bills might have been reduced because fewer trucks could carry more stuff.
Oh well…that foot is shot full of holes now. Best get started on the other one!
@molly undertaking is legal in the states and causes no problems. It actually increases road capacity slightly.
The knew this but the save and probley kept a lot of our tax by building them smaller cause the knew the could talk the truckers into useing smaller trucks.
Neil. I’m living in US and undertake every day on highways and motorways and never found any problem with. Never see road rage or have empty inside lanes because of lane hoggers as you do in Ireland and UK. We just undertake.
Totally agree. Undertaking and right turns on red are the way to go.
Only in Ireland !!!!
I’m in the business of buying and selling cnc machines. Everything we buy (worldwide but mainly Europe) is shipped to Turkey. It costs a fortune to dismantle the machines below 2.5m wide. Some countries accept 3m wide loads and some don’t. It’s a money making racket with licencing etc involved for the various governments. We specifically dont buy from Ireland because of the extra costs involved but if the right machine comes up we’ll go out of our way.
The already ridiculous rules and laws that are in place make it difficult to make even a small profit at the moment but this has just put the final nail in the coffin for irish machinery exports.
As Cartman from South Park said… “I love you guys!”
You’re correct Niall. I’m in the energy industry…pollution control systems…and we can’t buy things like structural steel, industrial ductwork, storage tanks etc, from Irish companies. The logistical cost and restrictions are too cumbersome and, if we dismantle or splice these products pre-shipment, the cost of re-assembly in the field is astronomical.
Finally I’ve found someone who understands me! :) Out of genuine interest… how do you guys deal with the loads? Special permits? Roads closed? Have to travel at night?
The reassembly costs are always going to be massive but I won’t tell a lie; that’s where a lot of my company’s money comes from. If you can give me a solution to the transport costs then I’ll personally fly to wherever you are and gladly shake your hand!
So what happens when a large truck comes off the ferry. Does the driver or owner have to arrange to cross load onto a smaller truck, costing time and money. Then return on a different crossing to book costing more money (possibly).
Result being of course that the next time the same goods are required the provider needs to use 2 lorries with 2drivers, 2 lots of fuel etc costing twice as much so he charges twice as much which puts prices up, or refusal to supply.
What a great idea, I remember most of thes plus others being raised originally, obviously the “experts” in the civil service have ignored the guys who have a vested interest and actual experience.
Not the transport companies so much as their customers.
No Steve. What happens is that the logistics company has to apply for a special licence to ship the load. They have to have two warning vans between 300m and 1km behind the load on motorways. Which will probably mean another 2 in advance of them in ireland. Passed 3 150 ton caterpillar excavators on the motorway to gothenburg yesterday and the warning lights almost blinded me. Definitely an unnecessary law but hey… isn’t that what these people are voted in for? Oh!…wait…
What’s with the red thumbs people? I speak the truth. It even says in the article… “the department said that they may be allowed in certain circumstances”! I.e show us the money and you’ll get a permit. I know this game inside out. Red thumb away but these regulations are not doing any favours for logistic companies or for anyone that wants to ship anything considered a large/high load.
No It means that the companies shipping the goods in will have to put the loads on smaller trucks from the beginning. The main companies that will get hit here are the ones who were transporting light materials/goods. The main reason behind the ban is that when the port tunnel was being built the government wouldn’t lower the ground to have the height requirement for these trucks to go through. So they couldn’t come through the tunnel and all HGVs are banned from the city so the solution the government came up with ban them from the country. I know someone here mentioned an EU directive it may have a part to play but I’m not sure.
Paul, I’m sorry but there’s only a certain amount of dismantling I can do to a machine to get it within the already required limits. How exactly am I supposed to halve a chunk of metal that weighs up to 18 ton? 2 or 3 trucks is not an option. The only option is spending money on the required permits hence why I will not be buying any more machines from Ireland.
Couldn’t agree more with the rest of what you said though!
I agree with you too Niall. I have worked transport in the past so know all the issues that go with wide/heavy/abnormal loads. Its like most things now a days the people making the decisions don’t know enough about the areas they are affecting and then its people like you Niall that suffer.
Oh, ok thanks
So, everyone is up in arms about the ban on extra-tall trucks…
I wonder would all those that are up in arms about it be willing to part with more tax to fund the re-design of bridges and roads to accommodate the trucks?
I somehow doubt it.
It’s time CIE were dragged into the 21st century and invest in cargo rail.
RTE’s favourite auld wan Mary O’Rourke did away with I.E’s freight service when she was in power in the dept. She was also the one to blame for the Luas going ten yrs over schedule and the debacle that is Eircom and our phone infrastructure. She’s a pox on this country to this day. Rant over I promise!
The only problem with the hight of those trucks is the port tunnel that was mistakenly built too small.
Amen to that!
On my third attempt to reply to this post; Internet breaking down thanks to ‘Mary O’Rourke narrowband’.
4.65m is higher than other European countries while 4.00m is the most accepted height. I don’t understand why people are constantly complaining here. The decision was taken in 2007 and the companies are well prepared for this. See the link: http://www.internationaltransportforum.org/IntOrg/road/pdf/dimensions.pdf
Just to clarify, with the exception of Uk (undefined height), France (undefined height), Sweden (undefined height), Norway (undefined height) Finland (4.2m) and Iceland (4.2m), all other European countries have a height limit of 4.0m without a permit. This law has no effect on the procedure for permitting oversize (indivisible) loads, it just means any load over 4.65m that cannot be broke into smaller parts will have to use the current permit system for oversize loads. There are very few trucks operating over 4.65m at the minute with the exception of some of the supermarkets.
The permit system is a joke. You can get a free permit for main roads once your under 4.65 but if your over this you have to pay a small fortune to each county council that you travel through, UK and north is a free permit from the police
Takes over a week to get a permit in Ireland. Can get one in less the 24 hours for north
Some german company must be making a new type of truck for ALL to buy!
Would be just grand if truck drivers just stayed in their left lane!!
Would be grand if all car drivers could learn to drive on motorways welmost of them who drive below 90 kph
There can only be one ‘biggest lorry’ in Ireland.
Daft rule…..trucks are getting bigger while Ireland bans them. Our biggest trucks as it is are tiny when you compare them to trucks in the US or those road trains in Australia
Yes but look at the distances traveled by those monster trucks in both countries compared to hear. In Australia particularly they travel on straight roads where you wouldn’t see another car for 100s of km. The interstate highways don’t have little bridges every couple of km like here
Smaller lorries = higher transport cost = price for goods more expensive in shops.
Reason some idiot building one port tunnel messed up. Solution make lorries smaller. Scandal no, bad the lorries 7 years later so everyone will forget what a disaster the tunnel is and hope no one realises the mess of upgrading the M50 was with spiral on and ramps.
Smaller in height, equal in width and longer in length = problem solved
Smaller in height, equal in width and longer in length = problem solved
You don’t even need to go longer. Just look at the trucks on the continent. They are lower to the ground with smaller wheels, same volume. Solves the problem.
Also up to now we had NO height limit which wasn’t ever going to be sustainable.
These so called super trucks a part from the height comply with every other aspect of a road going trailer ,The likes of An Post /M&S /B&Q/ Boots TK Maxx etc all use them.
These trailers are mainly used on trunking routes depot to depot with others used for store deliveries,But the people planning the routing of the trucks will make sure there is no low bridges en route.
Most trucks or trailers that hit low bridges are the normal size trailer/truck not these super size ones,Also effectively they can carry double the load of a conventional truck.
Many of these DD deckers are right on the limit of 4.65m, so it won’t affect them.
I drive double decker trailer s & the majority of them are from the uk ie poundland Halfords tk max where the height is 5 metres high so when you go the shops the next you will see a increase in your shopping as a double decker takes 52 pallets where as a single trailer takes 26 pallets so I double decker = 2 singles trailers so more cost in transporting the load & a massive increase in carbon footprint due to extra trucks on the road
Or they may be forced to buy 4.65m trailers. I feel for the small haulage companies but have no real sympathy for these large companies. I too drive them..
Good little Paddy. That’s the way to dig a bankrupt country out an economic slump, ban “big trucks”. ( the BLOOD of commerce). Next they’ll ban large airplanes “cos of the noise”. Poor poor paddy… really can’t do anything right. Go back to mass Enda, let the Europeans run the show.
They should be welcoming these trucks with flowers and fanfare, not banning them!!! IDIOTS.
Ah daddy look at those lorries ….ahh son they’re not lorries they’re called trucks and they are full of hens and duks …:-)
I would ban truck overtaking. On motorways, when first going 87 km/h and second 90 and trying to overtake.
Never will take off for the RSA have vast majority of motorists brainwashed into believing its highly dangerous.
So on more double decker buses, right.
*no more
Double decker buses are well under the hight limit
I worked in the transport industry for years and when I loaded trailers for the likes of Brussels poland or Holland (backloads) it was loaded onto there own lower trailers ie smaller wheels, lower chassis and exactly the same volume and no need for extra trucks, diesel or drivers. Any truck driver the travels the continent will know what I mean.
It looks like the restriction in most EU countries is actually 4 metres and the UK is ‘undefined’.
Two seconds on Google gives you the full list of EU countries and permissible heights of truck :
http://www.internationaltransportforum.org/IntOrg/road/pdf/dimensions.pdf
So, we’re actually allowing trucks that are 65cm higher than most countries!
I can’t see the problem? We can’t really continue to have trucks smashing into bridges! It seems perfectly sensible to me to ban them.
Trucks smashing into bridges, David, yeah its a terrible problem. I saw 5 of them on the way home yesterday.
I have been behind these trucks on country roads and seen them destroy our beautiful trees . I won’t miss them
This is crap. The trucks were there before the port tunnel. And yet the stupid people that desihnrd the plans for the tunnel couldnt dig it deep enough to take a High cube trailer. Ok I know the legislation came in back in 2007 to give people time to change the fleet they had but does anyone realise that the cost of getting new trailers. And if you can’t sell an overheight trailer in Ireland anymore so most hauliers are after getting shafted yet again by the government. And now were aback to the root of all evil again…….the government!!!! Rant over.:-)
seriously, people like you would want a 6m high tunnel and then give out that a new 7m high truck couldn’t fit. the cost of raising the heights of every bridge and tunnel in the country would be astronomical. this way at least every one knows the rules and has to play by them
This is because the port tunnel can’t handle these trucks, and our road infrastructure is in shambles
Proper road signage and alternative routing options in “good” would have been a cheaper, greener and more viable option long term .. Irish solution to an Irish problem
Maybe if we all bought more locally sourced groceries, we would depend less on the likes of Tesco juggernauting their prepacked South African apples across the country to the multitude of Tesco Express shops plaguing our small towns and villages, putting local shops out of business…..might reduce the number of lorries on our roads slightly.
Over 80% of the artics on our roads are only 1/4 full very seldom would you find one full to the brim .
smaller trucks will do the job quicker and more efficiently
These new ruled seem sensible enough in a small island like Ireland. Irish transport companies know and will work within the rules and purchase trucks accordingly. That will give them an advantage over foreign companies with taller trucks in competing to haul goods in and in and out of Ireland. And if they want to carry bigger loads they can use longer trucks or truck and trailer combinations that comply with the rules for height, length and weight. It may in fact be a cute move.
Seriously? 2 ways to look at it, Bad: means more pollution and more traffic; Good: More employment.
Lads, Ye should see the size of thr trucks over here, takes up 4 lanes of the highway and they stop the traffic specificly for them to transport the goods.
Although, I do agree with banning them going through certain towns or on certain smaller roads in Ireland, but on the Motorways, No way!
Trailers for sale or rent
Rooms to let 50c…
75% of all cargo and therefore trucks that come in and out of Dublin port travel within the GDA (Dublin, Kildare, Meath, Wicklow). The GDA also has contains nearly 1/3 of the population of Ireland so restrictions need to be put in place for safety in this urbanised region. The building of freight rail lines is not feasible due to this short distance and the localisation it puts on where cargo can be delivered. Replying to another commentator regarding air restrictions the biggest problem airports around the world face is noise pollution a from aircrafts and it’s the biggest reason for restricted flying times all over the world already. A number of aircrafts are banned and the likes of Boeing and Airbus are always designing aircrafts that are quieter and more fuel efficient.
The. Journal needs to report accurately .the real reason that dep has brought this in is because they don’t want to admit fAckup in port tunnell and all over the country is paying price.did they tell ye that Northern registered trucks can carry higher loads in South once there going back to north fro m what I’ve being told .also the rest of Europe is half meter higher and in farm produce and delivery of parcels all the trucks are higher so what now .in bales transported from east to west 1.5 times more trucks to haul same amount so carbon footprint increased and unviable and head to north with northern plates work away .the muppets that’s making the rules are beyond belief
Our dumb ass authorities brought this in coz they never researched the type of vehicles on our roads prior to building those pricey city tunnels
Carbon not ……
If they change the infrastructure to suit the trucks the money will be taken out of the taxpayers. The ones that work for a living. Change the truck size, cheaper for everyone.
have your say