Pádraig Ó Céidigh (Independent) | Oireachtas source

I move: "That the Bill be now read a Second Time."

Cuirim fáilte roimh an Aire Stáit chuig an Teach seo. Táim an-bhuíoch dó as ucht teacht. Tá súil agam go mbeidh sé in ann tacaíocht a thabhairt don Bhille sin. Labhróidh mé as Béarla anois.

I thank the Office of the Parliamentary Counsel for its assistance in drafting the Bill which took many days and weeks in going back over legislation that in one case dated back to the 16th century. I also thank the Irish Small and Medium Enterprises Association, ISME, the advocacy of which on behalf of its members spurred me on to introduce the Bill to make perjury a statutory criminal offence. It is an indication of how long perjury has been a crime in Ireland that it was necessary in the Bill to amend the Maintenance and Embracery Act 1540 and the Perjury Act 1791, but unlike in Great Britain and Northern Ireland where perjury was made a statutory criminal offence, rather than being left as a common law offence, as it is in Ireland, we have never included it in the Statute Book.

The Irish Small and Medium Enterprise Association, rightly, on behalf of its members, has identified the cost fraudulent insurance claims impose on the real costs of businesses and the insurance premiums small enterprises have to pay.The association's interest in seeking to have perjury made a statutory criminal offence is in order to create a deterrent for those who seek to abuse the legal system in pursuing fraudulent claims to the detriment of hundreds, if not thousands, of small businesses. From a business perspective, the association's aim to have perjury made a statutory criminal offence is laudable. However, as a former solicitor, I know that the necessity for defining perjury in law is justified for bigger reasons than protecting small businesses; it is about protecting the administration of justice in this country

In advance of drafting this Bill, we met several stakeholders, including the Garda Síochána Ombudsman Commission, the Bar Council, the Law Reform Commission, the Irish Council for Civil Liberties and the Dublin Rape Crisis Centre. We also corresponded with the Office of the Director of Public Prosecutions who, perhaps understandably, deemed it inappropriate to provide observations on a Private Member's Bill. I hope that if the Minister supports my Bill in principle, however, a mechanism can be established within his Department for the Office of the Director of Public Prosecutions to deliver its input on the wording relating to the offence. I say that because many people will be very surprised that, according to the CSO, there have been only 31 recorded incidents of perjury within An Garda Síochána in the past ten years, with not a single recorded incident last year.

While certainly not a scientific exercise, a search of the written judgments handed down by the Supreme Court, the Court of Appeal and the High Court judgments in the past year alone shows that the question of perjury was considered or referenced in 13 separate cases. There is no doubt that the charge of perjury is very often levelled at persons in highly contentious proceedings when there is no evidence of perjury having been committed. This is further evidence that perjury requires a definition in law that judges, An Garda Síochána, the Director of Public Prosecutions and, ultimately, a jury can unambiguously understand.

While it is wrong for people to level charges of perjury against someone who does not knowingly give false or misleading evidence, the consequences of a person doing so are much greater and longer lasting. Put simply, people need to know that, regardless of the proceedings, if they are swearing evidence on an affidavit in court or delivering oral testimony and they knowingly provide misleading or false evidence, they will be investigated, prosecuted and could ultimately face up to seven years in jail. Under the Bill, the maximum sentence for perjury is seven years. This is in keeping with Northern Ireland's punitive sanction and ensures an all-island synergy in respect of the offence.

Perjury is not a victimless crime. Murderers have no doubt evaded jail through the connivance of sworn witnesses. People’s reputations have been destroyed and lives ruined as a result of deliberate lies told in court. Businesses have faced soaring insurance premium costs as a result of the actions of fraudsters seeking to game the system. Whistleblowers have been put through the mill because people feel they can lie with impunity and without fear of prosecution. What message does it send about the fair administration of justice when a tribunal of inquiry established to examine the mistreatment of whistleblowers found that senior ranking police officers told lies in sworn court affidavits? How can those seeking justice before the courts, or individuals facing prosecution, be satisfied that there will be consequences for those who knowingly provide false evidence?

While the principles underpinning the legislation are simple, the technicalities are anything but. The wording I have used in respect of the offence of perjury is analogous to that used in the Civil Liability and Courts Act 2004. In the latter, the Oireachtas attempted to make it a criminal offence and a civil wrong to give false or exaggerated evidence before a court in the context of personal injury litigation. I am open to alternative wording regarding the offence of perjury. It is extremely important that the final wording is one which the Garda Síochána properly understands in order to allow it to investigate and on the basis of which the Director of Public Prosecutions can prosecute.

As we move forward, I hope the Minister can work with me and can provide constructive assistance in the context of this Bill becoming law and making a positive difference to the fair administration of justice.