David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Senator for raising this important matter in the House today on behalf of the Minister for Justice and Equality, Deputy Charles Flanagan, who, unfortunately, cannot be here today.

Perjury, as the Senator has pointed out, is already established as a common law offence in Ireland and there have been prosecutions of this offence. There are specific offences which have been created in circumstances which would amount to perjury, such as the specific offence in section 18 of the Commissions of Investigation Act 2004 of giving false evidence to a commission, and section 3 of the Tribunal of Inquiry (Evidence) (Amendment) Act 1979. Section 25 of the Civil Liability and Courts Act 2004 makes it an offence to give false or misleading evidence in personal injury actions. If convicted of this offence on indictment, a person can be sentenced to imprisonment for up to ten years or a fine of up to €100,000 or both.

From representations received recently by the Minister for Justice and Equality, this would seem to be the type of circumstance which is of particular concern. In response to these representations, the Minister, Deputy Flanagan, has asked officials to examine the case for legislating for a statutory offence of perjury, in consultation with relevant authorities.

Separately, it is understood that the matter of perjury and whether the Government should consider legislating for a statutory offence is being examined by a working group chaired by the Minister of State at the Department of Finance, Deputy Michael D’Arcy. This group is examining the cost of insurance and identifying what measures can be introduced to help reduce these costs for consumers and businesses.

It is understood that the group reported its first phase of work and is now considering legally related matters. These matters include the examination of, among other things, the personal injuries court process and, in particular, the effectiveness of the Civil Liability and Courts Act 2004. It is understood that the trigger for this has been the working group’s consultations with stakeholders where examples of fraudulent and exaggerated claims have been outlined, including how the impact of such behaviour has had a damaging effect on businesses.

As part of this review, it is understood that consideration is being given to finding ways of more effectively applying a number of provisions, including section 25 of the Civil Liability and Courts Act 2004 which, as stated, creates an offence for giving false or misleading evidence or giving false or misleading instructions to a solicitor or expert, and section 26 of the same Act which requires a court to dismiss any personal injuries action in which the plaintiff gives or causes to be given false or misleading evidence or swears a false or misleading affidavit. This working group was attended by relevant stakeholders. It is understood it is still deliberating these matters.