Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 1 is to provide for the inclusion of tribunals of inquiry and commissions of investigation within the scope of the Bill. On the application of the offence of perjury and related offences, the legal advice I have received indicates that those particular forms of proceedings are not involved in the administration of justice per se. One possible problem with the Bill, therefore, is that it appears to define a proceeding as primarily involving the administration of justice and then states that this includes tribunals. A question might arise if this formula includes tribunals of inquiry as well as decision-making tribunals. A tribunal of inquiry or commission of investigation does not administer justice. They are concerned exclusively with the finding of facts. I am proposing, therefore, with the consent of Senator Ó Céidigh and others, that the definition of judicial or other proceedings is revised for the purposes of this Bill to remove the reference to administration of justice and to include the tribunals of inquiry as well as decision-making tribunals within its defined legal meaning. If we adopt this amendment, it will effectively broaden the scope in which a statutory offence of perjury may be prosecuted. Broadening the scope of this legislation such that perjury may be statutorily prosecuted, both within fact-finding courts and tribunals as well as in tribunals of inquiry, is a laudable objective in pursuit of fact-finding, truth and honesty across all forms of official legal proceedings. I trust that Senator Ó Céidigh has no difficulty with this amendment and I welcome his support.