Written answers
Tuesday, 15 November 2011
Department of Justice, Equality and Defence
Family Law Proceedings
9:00 pm
Brendan Griffin (Kerry South, Fine Gael)
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Question 449: To ask the Minister for Justice and Equality if a person who is party to family law proceedings is in breach of the[i] in camera[/i] rule if they report the giving of false evidence in a family law hearing to An Garda Síochána; and if he will make a statement on the matter. [34360/11]
Alan Shatter (Dublin South, Fine Gael)
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The Deputy will appreciate that I am not in a position as Minister for Justice and Equality to provide legal advice in response to Parliamentary Questions. However, I can indicate the following by way of general information.
Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. Since the offence is one that occurs before the court it is open to the court at any time to decide on the course of action that is required and, in the case of any difficulties, to give directions on the matter.
Cathal Garvey
Posted on 18 Nov 2011 11:45 pm (Report this comment)
This answer is inconsistent with a previous answer http://www.kildarestreet.com/wrans/?id=2011-11-02.1551.0&... where the Minister said:
"family law proceedings in the courts are held in camera. Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. Any person who has knowledge of such false allegations should bring them to the attention of An Garda Siochana".