Statutory Declarations Bill, 1938—Committee Stage and Final Stages.

SECTION 1.
(2) A declaration made under this section shall be known for all purposes and is in this Act called a statutory declaration, and notwithstanding anything contained in the Interpretation Act, 1937 (No. 38 of 1937) the expression "statutory declaration" (save if or in so far as it refers to a declaration made before the passing of this Act) shall, in every statute or statutory instrument now in force or hereafter enacted or made, be construed and have effect as including a declaration made under this section.
Minister for Justice (Mr. Ruttledge): I move amendment No. 1:—
In sub-section (2), page 2, lines 21 and 22, to delete the following "the Interpretation Act, 1937 (No. 38 of 1937)" and substitute the words "any other statute."
This is a drafting amendment.
Amendment agreed to.

I move amendment No. 2:—

In sub-section (2), page 2, line 26, to delete the word "including" and substitute the word "meaning."

This is also a drafting amendment.

Amendment agreed to.
Section 1, as amended, agreed to.
Sections 2 and 3 agreed to.
SECTION 4.
Wherever a form of declaration, prescribed before the passing of this Act by or under any statute (other than the Statutory Declarations Act, 1835) and in force at such passing, contains a statement that such declaration is made by virtue of the Statutory Declarations Act, 1835, and such declaration is, expressly or by implication, to be made under Section 18 of that Act, the following provisions shall have effect, that is to say:—
(a) a declaration made in that form after the passing of this Act shall not be invalidated or prejudiced by the said reference to the Statutory Declarations Act, 1835, but shall be deemed for all purposes, notwithstanding such reference, to be made under this Act;
(b) the said form may, for the purpose of the user thereof or the making of copies thereof after the passing of this Act, be lawfully altered by the substitution, in the reference to the Statutory Declarations Act, 1835, of the figures "1938" for the figures "1835", and such alteration shall not be regarded for any purpose as a departure from the said form;
(c) the said form may, for the purpose of the user thereof or the making of copies thereof after the passing of this Act, be lawfully altered by the insertion therein, in the appropriate place, of the words "who is personally known to me" or of the words "who is identified to me by C.D. who is personally known to me", and such alteration shall not be regarded for any purpose as a departure from the said form.

I move amendment No. 3:—

In page 3, to delete lines 15 to 35 inclusive and to substitute the following:

"provisions shall, as regards any such declaration made after the passing of this Act, have effect, that is to say:—

(a) the form so prescribed of such declaration shall be altered so as to conform either (as may be appropriate) to the form set out in the Schedule to this Act or to that form with the omission therefrom of the words ‘who is personally known to me (or who is identified to me by C.D. who is personally known to me)', and

(b) such declaration made in such altered form shall be deemed for all purposes to be made under Section 1 of this Act."

This is also a drafting amendment.

Amendment agreed to.
Section 4, as amended, agreed to.
Section 5 agreed to.
SECTION 6.
Every person who makes a statutory declaration which is false or wilfully misleading in any respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £50 or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

I have an amendment down, amendment No. 4, which reads:—

In line 41, before the word "makes" to insert the word "knowingly".

Is the Minister accepting this?

I am moving amendment No. 5:—

In Section 6, page 3, line 41, to insert after the word "which" the words "to his knowledge" and in line 42 to delete the word "wilfully".

The draftsman prefers the amendment I am moving. Personally I did not feel that any amendment was necessary but, in view of what was raised, I am moving this.

Amendment No. 4 withdrawn.
Amendment No. 5 agreed to.
Section 6, as amended, agreed to.
Sections 7 and 8, the Schedule and Title agreed to.
Bill reported with amendments.

I would like to get the remaining stages now.

Agreed.

Question—"That the Bill be received for final consideration"—put and agreed to.
Question—"That the Bill do now pass"—put and agreed to.