Ruairi Quinn (Dublin South East, Labour)
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Question 252: To ask the Minister for Education and Science further to Question No. 115 of 20 October 2009, the person from whom did he received the legal opinion that a sworn affidavit does not verify the contents of it; if his attention has been drawn to the commonly held fact that a sworn affidavit is equivalent to making sworn oral evidence before a judge in the High Court; if his further attention has been drawn to the fact that falsifying an affidavit can lead to prosecution for perjury and that conviction for perjury can lead to imprisonment; if he will acknowledge that his reply was inaccurate in this regard; and if he will make a statement on the matter. [40744/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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In order to clarify the matter raised by the Deputy, I refer to my reply to Question No. 115 of 20 October 2009 which stated that the role of a Commissioner for Oaths or practising solicitor is to witness the signature of a person making an affidavit, rather than to verify the contents of the affidavit itself. It is not at issue that the person swearing the affidavit is accountable in law for the veracity of its content in the manner outlined by the Deputy. In relation to student grants, in circumstances where it is not possible for a student to produce the documentary evidence normally required to establish independent residence in the relevant period, a local authority or VEC may, at its discretion, agree to accept other documentary proofs. In such cases, an affidavit, if accompanied by other supporting documentation, may be accepted as evidence of independent living. My Department has reviewed the use of affidavits in the context of proof of independent living and is satisfied that the current practice in this regard is reasonable and appropriate.