Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The requirement to corroborate as to the falsity of any statement in relevant statutes such as this one is the subject matter of some conflict of opinion, not only AN academic but in practice and in an international context. Some argue against the corroboration requirement because we do not generally in law subscribe to a quantitative theory of evidence, where the evidence or testimony of one witness is deemed insufficient simply on the basis of there not being more than one witness. We also have an independent public prosecution office, which is the Office of the Director of Public Prosecutions. That office is legally mandated to exercise objectivity in all its work and dealings and independence in the matter of its decision making capacity. It needs to be at all times objective and independent in pursuit of prosecutions.

Historically, as Senators will be aware, the requirement of corroboration was developed across the water in Britain in the context of the era when private prosecutions were the norm and where, as a result of this, corroboration was seen as a protection against such private prosecution cases which often times lacked objectivity and which sometimes lacked integrity, but that context does not really apply here. However, I am off the view and agree that the corroboration requirement should be retained for a number of reasons. First, retention of this provision reflects the position in common law in that a person cannot be convicted of perjury solely on the testimony of one witness. Second, and to put it rather simply, I consider that one person's testimony against another is not a sufficient basis on which to legislate for the prosecution of perjury. Third, the statutory corroboration requirement has been in place in England and Wales for over 100 years now and I do not detect that it has been the subject matter of real and serious difficulty in the jurisdiction of England and Wales. It is reasonable and fair to consider that corroboration enhances the safety, integrity and soundness of convictions in the absence of any corroboration.