Matt Shanahan (Waterford, Independent) | Oireachtas source

It is important that the Perjury and Related Offences Bill 2018, which was introduced by the former Senator, Pádraig Ó Céidigh, and which lapsed with the Thirty-second Dáil be reinstated. I am glad to hear the Minister say it is to be restored to the Order Paper. Somebody once said, "Never argue with someone who believes their own lies". That mantra should never be allowed in our legal system.

Perjury is an offence. In essence, it is lying for personal gain or advancement, and it is rarely a victimless crime. It inflicts damage on our economy, social fabric, society and way of life. Although it is a common law offence, it has always been difficult to prosecute. It arises in civil disputes, family law cases, compensation claims, tribunals and often where a deposition or affidavit is given.

We have all heard of court comments in which the veracity of statements, evidence and testimony has been questioned by judges, but we rarely hear of follow-up for wilful and deliberate misleading of courts or the deliberate attempt to extort compensation for personal financial gain.

The issue of insurance has been raised, and one Deputy referred to Pat McDonagh's business, which was on national TV. We also remember the staged car crashes that have taken place in past years, extorting moneys again through insurance fraud.

Family law cases are not exempt from perjury either, with people making statements diminishing their means to avoid payments they should be making.

When witness or evidential statements that are clearly untrue or contrived are proven to be so but are not prosecuted, that diminishes our rule of law and encourages others to follow suit. Swearing a false affidavit in a personal injuries action was codified as a criminal offence in section 14 of the Civil Liability and Courts Act 2004. Review of prosecutions in the years since reveals that minimal prosecutions have taken place for this offence. We must expect and demand more from our Judiciary and our insurance industry.

We need to ask the insurance sector to accelerate a book of quantum to look at the compensation payouts occurring as insurance will be one of the major stumbling blocks for businesses in 2020 and beyond. Deliberate lies made under oath or through affidavit can have terrible lifelong consequences for those against whom they are made. Exaggerated and false personal injuries claims place onerous burdens on businesses, public bodies, homeowners, motorists and insurers. Any entity can be found legally liable where no liability should exist but for the act of perjury being perpetrated against them.

Perjury is never a victimless crime. This motion attempts to bolster our laws to ensure our courts deliver just outcomes, not unjust rewards. I commend the motion to the House and hope that if it is adopted, any resulting legislation will empower insurance companies to test properly the veracity of damages claims before deciding appropriate compensation. I hope it will stimulate our Judiciary, our DPP and our gardaí to pursue vigorously those proven to have laid false evidence and defend those who are the victims of it. I hope it will lead to higher standards and examination of evidence in our courts rulings to provide more equitable outcomes for those pursuing a claim or a just finding. Most of all, I hope it will send a message that lying under oath has consequences, is a criminal offence and will be prosecuted.

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