James Browne (Wexford, Fianna Fail)
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I move amendment No. 10:

In page 9, line 10, to delete “dishonestly” where it firstly occurs.

Amendments Nos. 10 and 11 are technical amendments to the wording of this section on the advice of the Office of the Parliamentary Counsel. It is not necessary to use the adverb" dishonestly" for the purposes of this section. The view taken is that its inclusion serves no useful purpose. I am satisfied that there is sufficient qualification of the acts referred to in sections 5(1)(a) and 5(1)(b). Section 5(1) applies to false statements made on oath made otherwise than in judicial or other proceedings.

Amendment No. 12 makes it clearer that this subsection applies in those limited circumstances where false statements on oath are made outside and removed from the context of judicial and other proceedings. Amendment No. 13 is a technical amendment to section 5(2) of the Bill and rewords that subsection so that it reads more clearly.

Section 6 provides for an offence in respect of false statutory declarations and other false statements without oath. Amendments Nos. 14 and 15 are technical amendments to the wording which are being made on the advice of the Office of the Parliamentary Counsel and to include a reference to statements of truth, consistent with its inclusion elsewhere in the Bill. Amendment No. 16 is a technical amendment which deletes the reference to material in those proceedings in section 6(1) regarding a person making a false statutory declaration or other false statement without oath.

The amendment makes it clear that the commission of any such offence is not limited to a context of proceedings and that such offences may arise otherwise than in proceedings.

Amendment No. 17 extends the ambit of potential offences in this section of the Bill to include false statements of truth made in place of statutory declarations, while amendments Nos. 18 and 19 extend the scope and application of the offences at subsections (1)(b) and (c) regarding the making of false statements and declarations so that they may apply to enactments rather than only Acts and, therefore, cover false statements and declarations made under secondary legislation as well as primary legislation.