James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 8, lines 26 to 31, to delete all words from and including “(1) Without” in line 26 down to and including line 31 and substitute the following: “(1) A person commits an offence (in this Act referred to as subornation of perjury) if he or she procures, persuades, induces or otherwise causes another person to commit perjury, knowing or being reckless as to whether the other person is committing such offence.

(2) For the purposes of subsection (1), it shall be immaterial whether or not the other person referred to in that subsection has been convicted of the perjury to which the alleged subornation of perjury relates.

(3) Where proceedings are brought against a person for the alleged commission of subornation of perjury, the question as to whether a statement given by the other person referred to in subsection (1)was material in a judicial or other proceeding is a question of law to be determined by the court of trial in the proceedings for subornation of perjury.”.

This amendment is necessary to provide a clear definition of subornation of perjury in section 3. Subornation of perjury means persuading another person to commit perjury. This is a serious matter because of the effect it has on legal proceedings. The section provides that a prosecution for subornation of perjury can take place even where the person committing the perjury in question has not been committed of the offence. The perpetrator of the offence of subordination of perjury must know or be reckless to the fact that the other person is committing perjury. This means they must at least know there is a significant risk that perjury would be committed as a result of their actions and they press ahead regardless.