Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The purpose of this amendment is to bring the penalties provision in this Private Members' Bill in line with those of the Civil Liability and Courts Act 2004, which, inter alia, stipulates penalty levels for false evidence and fraudulent claims. I propose to amend the relevant section of this Bill rather than that of the 2004 Act in terms of the maximum penalty on indictment for this type of offence because the 2004 Act reflects Government policy in this jurisdiction. There is the question of the changing value of money over time, given that it has been 15 years since the 2004 Act came into force. I am satisfied to specify the amount of €100,000 for the purpose of proposing an amendment to this section. The penalty provision as it stands provides for a coherence within the equivalent penalties provided for in Northern Ireland in terms of the maximum penalty on indictment. It is somewhat more important and appropriate to ensure consistency of provisions in this jurisdiction. Assuming this amendment is passed, the maximum penalty on indictment for which a person may be liable on conviction under this legislation is, therefore, imprisonment for a term of ten years, a fine of €100,000 or both. The purpose of this amendment is to send a clear message to would-be abusers of court time that the utterance of deliberate falsehoods and the making of false statements during legal proceedings will, if proven, not go unpunished and may result in very serious consequences for the individual concerned. I am confident that this measure will go a long way towards deterring those who may be considering providing dishonest evidence in the course of legal proceedings.