Dáil debates

Wednesday, 29 July 2020

Perjury and Related Offences Bill [Seanad] 2018: Motion (Resumed) [Private Members]

 

9:40 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

Yesterday, the 2020 long list for the Booker Prize for fiction was published. Sadly, some affidavits that go before the courts would be in competition for the prize. This has implications, particularly for young people looking for car insurance and many small businesses across the country.

We are not claiming that the Bill is a panacea for all of the ills in the insurance industry, and have never promised that it is. However, it will put it up to the insurance industry because it cannot say that there are a plethora of fraudulent claims when there is a clear piece of legislation under which people can be directly prosecuted. It will be a case of put up or shut up for the insurance industry.

This is not just about insurance. Rather, it is about people literally getting away with murder. It is about consumers and businesses losing money due to white-collar crime. It concerns family law matters which have, in some cases, very serious consequences. It involves false declarations to obtain registration for the carrying out of a vocation or profession, in particular medical registrations, an issue I have raised in the House and which came before the courts quite recently in a case where a person claimed to be a medical professional.

People need to remember that the courts are a very formal process and should be a point of last resort. If someone gives evidence in court, that can have very serious consequences for other people. Today, evidence given in court can result in a person losing his or her liberty, and in the civil courts can result in a person having a significant award of damages made against him or her.

Evidence given under oath in court can have significant consequences. That is why it is always important to recognise if someone is wrong and is telling lies, and prosecute them for that.

I want to thank former Senator, Pádraig Ó Céidigh, agus Cáit Nic Amhlaoibh for their efforts on this legislation. I also want to put on record that Deputies from the Regional Group are supportive of the amendment tabled by the Labour Party on online bullying. It is equally important that we send out a clear message on that. Every single one of us in this House has been the victim of online bullying, sometimes under the guise of political debate. A clear message needs to be sent out in that area and we will support that.

This Bill is about is about sending out a clear statement in terms of the definition of perjury. To perjure one's self is, first, to make a statement, either verbally or in writing, that has been lawfully sworn and the person so swearing it knows it is false. The second condition is that that statement must have a material impact on the proceedings before the court. Those two tests provide a huge level of protection but they also ensure there is a clear, unambiguous definition on the issue of perjury.

I thank the Aire agus an tAire Stáit for their commitment to both pieces of legislation and I hope this legislation will be expedited. As a member of the Business Committee, I will work to ensure this committee is established as quickly as possible. I hope all colleagues here who are members of that committee ensure this legislation, along with the commitments of the Ministers, is expedited and enacted as quickly as possible.

Comments

No comments

Log in or join to post a public comment.