Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Interpretation Act 1937 provides that the word "oath" in the case of a person for the time being allowed by law to affirm instead of swearing includes an affirmation. Under this legislation, therefore, affirmation applies wherever the word "oath" is used. The Minister consulted Parliamentary Counsel on these amendments and is satisfied there is no need to include the words "or affirmation" as proposed in amendment No. 89.

The Minister is grateful to the Senators for drawing his attention to an inconsistency in the provisions as currently drafted. The phrase "on oath or otherwise" is used in some sections whereas the phrases "on oath" or "the oath" are used elsewhere. The Minister is satisfied with the reference to the oath in isolation in paragraph (k) as it deals with the issue of the administration of the oath. However, the other provisions relate to the cross-examination of witnesses and the giving of evidence by them and should refer to "the oath or otherwise". This is the genesis of Government amendment No. 95.

Senator Henry raised an interesting point about affirmations. The Law Reform Commission examined this issue some time ago and it has occasioned differences of opinion in different jurisdictions. It is a more general matter that does not arise under this legislation. Perhaps a more appropriate vehicle for its consideration would be a Private Members' Bill. The Constitution, which was enacted at the same time as the Interpretation Act, does not provide for oaths for the various office holders as they enter into office, including judges, the President and so on, but provides for an affirmation made in the presence of Almighty God which dispenses with the necessity of having a copy of the New Testament in one's hand. This is an interesting intermediate solution to the problem.

I cannot assist the Senators any further in this regard. The Parliamentary Counsel has confirmed that the inclusion of the word "oath" in legislation carries, by necessity, the connotation of affirmation.