SLAPP cases and confidential complaints
Deputy Tóibín raised UN concerns about legal proceedings that could expose confidential Garda complaints and warned about SLAPP litigation. The Tánaiste said he would examine the correspondence and noted forthcoming defamation legislation would address related issues.
This week, the UN special rapporteur on environmental issues has written to the Government and to the Chief State Solicitor's Office seeking urgent action in relation to court proceedings which order An Garda Síochána to hand over confidential complaints for use in a defamation case. He stated that the Chief State Solicitor must oppose that action. He has stated that it would imperil the right of citizens to confidentially engage with gardaí in the future. A citizen in Meath has challenged alleged environmental damage by a large quarry company but he has been hit with two SLAPP litigations and is threatened with three more. These litigations are not designed to be heard but they threaten financial ruin on the individual and they completely tie that individual up for years. The aim is to shut campaigners up. I have raised this with two previous Ministers for justice. Now that a UN special rapporteur has condemned the practice and has highlighted the damage it does to the wider justice system, will the Tánaiste demand that the Chief State Solicitor defend the justice system, or at the very least will the Minister for justice meet with the target of these SLAPP litigations?
Comment on this
I have got a bit of this today. Everybody does their best in representing their constituents but with the position I hold within Government I need to be conscious even if cases can be readily identified, even if not named. I do not want to comment on that but take that as read. I am not aware of the correspondence from the UN but I will make myself aware of it now the Deputy has brought it to my attention and I will inquire into that now.
More broadly, on the whole issue of SLAPP and the likes, the defamation Bill the Minister for justice is bringing forward will give consideration to these issues. I will ask the Minister, Deputy O'Callaghan, to consider the Deputy's comments and revert to him directly.