James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 9:

In page 8, to delete lines 35 to 38, and in page 9, to delete lines 1 to 6 and substitute the following: “(1) Where, on or after the coming into operation of this subsection, a person commits an offence referred to as perjury, howsoever described, in an enactment specified in Schedule 1, he or she shall be liable to be proceeded against and punished as if he or she were guilty of perjury under this Act.

(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.”.

Section 4 of the Bill provides clarity as to how existing references to perjury and subornation of perjury in other enactments in Irish law should be dealt with. It provides that such references are to be read and construed in accordance with definitions of perjury and subornation of perjury in this Bill. This amendment separates the different types of references already on our Statute Book into schedules for clarity.

The amendment also makes clear that where an offence of perjury is committed under an older enactment listed in Schedule 1, the offender shall be liable to be proceeded against under this new proposed Act. Similarly, the section is amended to set out that references to perjury and subornation of perjury listed in Schedule 2 are to be construed in accordance with their definitions within the Bill. In effect, section 4 provides that references in any law or enactment to perjury or subornation of perjury shall be read as references to perjury or subornation of perjury and not to commit perjury as provided for in relevant sections to this Bill.