Dáil debates

Wednesday, 17 February 2010

Confidence in Minister for Defence: Motion

 

3:00 pm

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)

It will be circulated. My understanding is that where there is no intention to mislead and the matter is corrected as soon as possible, there is no question of perjury. The position is that for perjury to occur a person must know the statement to be false or not believe it to be true. Perjury in Ireland is governed by common law as the British Act of 1911 governing it never applied to Ireland. That Act is clear that a person has to give evidence which he "knows to be false or does not believe to be true". This formula has been also used in Irish statutes. Thus it is clear that perjury contrary to common law would also not arise where someone was mistaken.

The approach being taken by the Opposition parties indicates that they are once again trying to take the low road to high office. Their intent on a no confidence motion is completely spurious in both timing and motivation.

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