Seanad debates
Wednesday, 1 December 2010
Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed).
1:00 pm
Dermot Ahern (Louth, Fianna Fail)
I do not accept that. Proving misleading, frivolous or vexatious in a criminal context is much more difficult than proving a falsehood, and that is why there is that distinction. It is correct that there is a distinction but it is because of the requirement under the criminal code to prove an offence beyond all reasonable doubt, which may be difficult in the context of a person making a misleading, frivolous or vexatious accusation. At the end of the day, this comes down to the words "knowing" and "reckless". While there might be a different standard in some of these words, ultimately a person must pay the price for making an allegation and knowing it to be false or being reckless in making it.
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