Dáil Éireann díospóireacht -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Written Answers. - Proposed Legislation.

Finian McGrath

Ceist:

1338 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the planned new Perjury Act; and if this legislation will finally deal with dishonest claimants who bring fraudulent personal injury actions. [15592/02]

Minister for Justice, Equality and Law Reform (Mr. McDowell):

An Agreed Programme for Government says measures will be introduced to provide that certain forms of action will require the support of sworn affidavits to create liability in perjury for fraudulent claims. It furthermore says that measures will be introduced to punish the presentation and making of false and exaggerated claims in personal injury cases and, as part of this, there will be a power for the courts to deduct from damages costs relating to exaggerated claims.

The question of requiring claims to be supported by a sworn affidavit including whether this might be imposed by rules of court or primary legislation is under active consideration in my Department. Consideration is also being given to introducing a provision that, if any element of a claim before a court is made in bad faith, the whole claim will, subject to appropriate safeguards, fail. Such a provision would require primary legislation.

Section 6(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001, is also relevant in the context of the Deputy's question. This section, which came into operation on 1 August last, provides that a person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence. The question of whether this section and the law already in operation are adequate for dealing with fraudulent personal injury claims will also be considered further in consultation with the Garda. Should it appear, following consideration of a range of factors, that further legislative change may be warranted, the matter will be submitted to Government for decision in the usual way.