James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 25:

In page 11, between lines 25 and 26, to insert the following: “(1) Where the making of a false statement is—

(a) an offence under section 5 or 6 of this Act, and

(b) an offence that is punishable on summary conviction only under another enactment that came into operation before the coming into operation of this Act,

a person shall be liable to be proceeded against for such an offence under the other enactment only.”.

Amendment No. 25 provides for a re-wording of section 15(3) of the Bill, which provides that relevant offences punishable exclusively on summary conviction under other enactments may be proceeded against under the other enactment only, to avoid the possibility of the imposition of a higher penalty being imposed than would otherwise apply when the alleged offence was committed. The amendment further amends section 15(3) to provide that relevant offences under other enactments are limited to offences set out in sections 5 and 6 of the Bill in respect of false statements on oath made otherwise than in judicial and other proceedings and false statutory declarations and other false statements without oath.

Section 4 already provides that all references to perjury and subornation of perjury will either mean a person is liable to be proceeded against and punished as if he or she were guilty of perjury under the Bill where the reference will be construed as a reference to perjury under this Bill.

Amendment No. 26 deletes section 15(2) of the Bill on the basis of advice received from the Office of the Attorney General that the inclusion of this subsection, which provides that this Bill does not apply to a statement without oath by a child under Part 3 of the Children Act 1997 regarding evidence of children in civil proceedings, is not needed as none of the provisions of this Bill would apply to such unsworn evidence in the first place and, therefore, this subsection serves no purpose and is proposed for deletion.