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Dáil Éireann debate -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Proposed Legislation.

Joe Higgins

Question:

93 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if he will report on the matters discussed and conclusions reached at his meeting with the disability legislation consultation group. [22002/03]

Pat Rabbitte

Question:

117 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if he will make a statement on the outcome of his meeting on 15 July 2003 with representatives of the disability legislation consultation group. [19841/03]

I propose to take Questions Nos. 93 and 117 together.

The disability legislation consultation group is a group representative of people with disabilities, their families, carers and service providers. It was brought together by the National Disability Authority to input to the consultation process initiated by Government in April 2002 with regard to the disability Bill.

A meeting took place on 15 July 2003 between the Taoiseach, the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, and the disability legislation consultation group. The discussion covered such matters as assessment of need, standards, service provision, the need to build capacity in key sectors of the public service so as to allow provision of disability accessible services in a cost effective way and workable redress mechanisms.

The disability legislation consultation group was assured of the Government's commitment to publish the disability Bill as a matter of priority. The aim is to publish the Bill in November 2003, following the Education for Persons with Disabilities Bill 2003.

It was agreed that a further meeting would be arranged following the publication of the disability Bill.

Paudge Connolly

Question:

94 Mr. Connolly asked the Minister for Justice, Equality and Law Reform if a perjury Bill is in the course of preparation; and if he will make a statement on the matter. [18347/03]

Perjury, that is, the giving of false evidence on oath or affirmation, is an offence in common law, although a number of statutes also address matters incidental to the offence. The offence is committed by any person lawfully sworn as a witness or as an interpreter in a judicial proceeding who wilfully makes a statement, material in that proceeding, which he or she knows to be false or does not believe to be true. The maximum penalty is imprisonment for seven years.

I propose to strengthen significantly the law, as it applies to those who make false or exaggerated personal injury claims. In this context, I have published the heads of the civil liability provisions to be included in the civil liability and courts Bill. These provisions include proposals for the dismissal of actions or defences where a court is satisfied that a party to a personal injury claim has knowingly tendered evidence or delivered a pleading which is materially false or exaggerated. Parties to such actions will also have to swear an affidavit verifying the content of their pleadings. 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.
The Deputy may also wish to note that the question of putting common law offences, such as perjury, on a statutory basis, will be one of the issues considered by the expert group on codification which is currently examining approaches to codification of all substantive criminal law in a new crimes Bill.
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