Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 13 provides for the creation of a new offence of fabrication of evidence that does not amount to perjury or subornation of perjury under this Bill. It is a modern offence which has been provided for in perjury statutes in other jurisdictions. It is important that we would give favourable consideration to including it in this Bill in order to ensure that the facilitation of perjury is equally provided for as an offence in this jurisdiction.

As previously referred to by Senator Ó Céidigh and I, the deterrent effect of the Bill and that of the penalties therein are in many respects as significant as any prosecutions or perhaps even any convictions that may arise from its enactment. I and my Department intend to consult the Attorney General's office to ensure that this new offence does not raise any other issues or that there are not any unintended consequences. If in the event of such issues arising, I may need to bring forward amendments at a later Stage to deal with them but I would be very happy to engage directly with Senator Ó Céidigh on that. I am considering bringing forward an amendment relating to section 6 regarding the definition of what is described as "fabricating evidence". I may propose to set out this in the list of definitions in section 1 but this is an issue upon which I am waiting for further advice and clarification from the Office of the Attorney General as to whether such a definition would be desirable in the context of this Bill. I undertake on the record of the Seanad that I will keep Senator Ó Céidigh, as the proposer of the Bill, fully informed of developments in this area.