Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I move amendment No. 6:

In page 10, between lines 6 and 7, to insert the following:

“9.Where a document purports to have been created by a person it shall be presumed, unless the contrary is shown, that the document was created by that person and that any statement contained therein, unless the document expressly attributes its making to some other person, was made by that person.”.

Deputy O'Callaghan made a point on Second Stage that I think was correct and proper. I refer to the fact that in implementing this legislation and ensuring convictions occur where they should occur, presumptions are of considerable aid to the courts. This amendment relates to "where a document purports to have been created by a person it shall be presumed, unless the contrary is shown, that the document was created by that person and that any statement contained therein, unless the document expressly attributes its making to some other person, was made by that person”. I think that is a reasonable presumption to put in place. Deputy O'Callaghan has a similar and more detailed amendment. As it applies to a different section, I would be interested in Deputy O'Callaghan's view as to how the two interact and whether they are complementary. They may be but in any event, that is the intention of this amendment. It is to strengthen the hand of the court in dealing with people who may have committed an offence under this Bill, particularly as it relates to false documents.