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Dáil Éireann debate -
Tuesday, 30 Sep 2003

Vol. 571 No. 1

Written Answers. - Criminal Offences.

Ciarán Cuffe

Question:

1102 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he intends to make the swearing of false affidavits by solicitors a criminal offence. [19639/03]

It is already a crime for any person to swear a false affidavit. However, I propose to strengthen significantly the law, as it applies to those who make false or exaggerated personal injury claims, in the Civil Liability and Courts Bill which is currently being drafted. Parties to such actions will have to swear an affidavit verifying the content of their pleadings. Notwithstanding that swearing falsely is already a criminal offence, a specific statutory offence will be created in respect of falsely swearing a verifying affidavit and this will carry a maximum sentence of ten years imprisonment and or a fine. I also propose to provide for a statutory offence of tendering or adducing false evidence with similar penalties. I would add that, under section 7 of the Criminal Law Act 1997, any person who aids, abets, counsels or procures the commission of an indictable offence shall be liable to be indicted, tried and punished as a principal offender.

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