Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I accept what the Senator said. The penalty proposed on summary conviction is a class B fine or imprisonment for a term not exceeding 12 months or on indictment a fine or imprisonment for a term not exceeding seven years or both. This is in line, as the Senator said, with the penalties in Northern Ireland. It has been designed to ensure all-island synergy in the offence imposed. However, it is not unusual for there to be differences in neighbouring jurisdictions in the penalties imposed for similar offences. There is always a possibility, for example, that there might be an increase in the maximum penalties for perjury in Northern Ireland, in which case the question would arise as to whether we should follow suit immediately. However, greater problems might arise in this jurisdiction if we had different maximum sentences for substantially similar conduct under two statutes. I will examine the position further on penalties imposed for similar offences under other legislation on the Statute Book here, particularly the Civil Liability and Courts Act 2004, of which sections 14 and 25 which deal with perjury and false declarations in making personal injury claims provide for a penalty not exceeding €100,000 or imprisonment for a term not exceeding ten years. Notwithstanding the fact that we acknowledge the discretion on the part of the Director of Public Prosecutions in deciding whether to bring a prosecution and the nature of the charge, I am not sure whether it would be desirable to provide for significantly contrasting maximum penalties for a similar offence. I will consider the matter further and might come back with a further amendment.

We have dealt with amendment No. 20 to the section. I do not propose to say anything further about it, but it is important, given the possible misuse of power to prosecute an offence under the section by aggrieved parties in civil or other proceedings. It is important that the right to commence proceedings for offences of perjury be given exclusively to the Office of the Director of Public Prosecutions. This will have the effect and consequence of ensuring there will be less of a risk of vexatious, groundless or unsubstantiated proceedings being brought under the legislation.