Dáil Éireann Debate, Wednesday - 16 January 2013
742. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on whether An Garda Síochána is discharging its duty to take proper heed or proper notice of concerns expressed in the courts as to the abuse of the summary summons or special summons process by the filing of affidavits containing untrue or unfounded averments of fact and law; and if he will make a statement on the matter. [57919/12]
View answerI refer the Deputy to Parliamentary Question No. 26520/12 which was answered on 6 of June 2012.
The summary summons procedure is one whereby civil proceedings can be commenced in the High Court and those proceedings are heard on affidavit without pleadings and with or without oral evidence. The special summons procedure is one that may be adopted where there is no other procedure prescribed by the Rules of the Superior Courts and the proceeding is one which is required or authorised by law.
Where people knowingly file affidavits containing falsehoods they may be guilty of committing the offence of perjury. One of the functions of the Garda Síochána is to bring criminals to justice by detecting and investigating alleged crimes and if the Deputy is aware of any particular instance where the offence of perjury may have been committed she should bring this to the attention of the Garda authorities so that the matter can be investigated.
