Matt Shanahan urges reinstatement of perjury bill to curb fraud
Matt Shanahan spoke in the Dáil in support of reinstating a perjury bill originally introduced by Senator Padraig O'Kaedig and which lapsed with the 32nd Dáil. He argued the bill is needed to tackle perjury, false affidavits and exaggerated personal injury claims that burden insurers, businesses and the courts.
Perjury bill reinstatement
He welcomed the minister's confirmation that the bill will be restored to the Dáil order of business and formally commended the motion to the House.
Scope of the problem
He described perjury as lying for personal gain that inflicts damage on the economy, social fabric and society. He cited examples from civil disputes, family law cases, compensation claims, tribunals and staged car crashes, and referenced an earlier deputy's mention of Pat McDonough's business on national TV as part of the insurance-fraud debate.
Legal background and prosecutions
He noted that perjury is a common law offence that has been difficult to prosecute and reminded listeners that swearing an affidavit in a personal injuries action was codified as a criminal offence in Section 14 of the Civil Liability and Courts Act 2004. He said reviews of prosecutions show minimal action on this offence in recent years.
Desired outcomes and enforcement
He urged that the resulting legislation should empower insurance companies to properly test the veracity of damages claims, and should stimulate the judiciary, the DPP and the Gardaí to pursue proven false evidence. He said the aim is higher standards of evidence, more equitable outcomes and a clear message that lying under oath has consequences.
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As a member of the regional group of independent TDs, I believe it is important that the perjury bill originally introduced by Senator Padraig O'Kaedig and which lapsed with the 32nd Dáil be reinstated and I am glad to hear the Minister say that it is to be restored to the Dáil order of business. Someone once said, never argue with someone who believes their own lies. That mantra should never be allowed in our legal system. Perjury is an offence. It is, in essence, lying for personal gain or advancement and it is rarely a victimist crime. It inflicts damage on our economy, our social fabric, our society, our way of life. Although a common law offence, it has always been difficult to prosecute. It arises in civil disputes, family law cases, compensation claims, tribunals and often where a deposition or an affidavit is given. We have all heard of court comments where the veracity of statements, evidence and testimony has been questioned by judges, but we rarely hear a follow-up for willful and deliberate misleading of courts or the deliberate attempt to extort compensation for personal financial gain. The issue of insurances has been brought up here tonight and one of the other deputies referenced Pat McDonough's business, which was on national TV. I think we can also remember the staged car crashes that have taken place in this country over past years, extorting monies again through insurance fraud. Family law cases too are not exempt from perjury, where people are making statements diminishing their means so as to avoid payments that they should be making. Where witness or evidential statements are made that are clearly untrue or contrived, are proven to be so, but are not prosecuted, that diminishes our rule of law and encourages others to follow suit. Swearing of all's affidavit in a personal injuries action was codified as a criminal offence in Section 14 of the Civil Liability and Courts Act 2004. Review of Prosecutions in the years since reveals minimal prosecutions have taken place for this offence. We must expect and demand more from our judiciary, also from our insurance industry. We also need to ask insurance to accelerate a book of quantum to look at the compensation periods that are occurring, as insurance is one of the major stumbling blocks for businesses in the year 2020 and beyond. Deliberate lies made under oath that, through affidavit, can have a terrible life-long consequences for those who they are made against. Exaggerated and false personal injuries claims place onerous burdens on businesses, public bodies, homeowners, motorists and insurers in the state. Any entity can be found legally liable where no liability should exist but for the act of perjury being perpetrated against them. As said, it is never a victimless crime and this motion tonight attempts to bolster our laws to ensure that our courts deliver just outcomes, not unjust rewards. I commend this motion to the House and I hope that, adopted on the Dáil Order paper, the resulting legislation will empower insurance companies to properly test the veracity of damages claims before deciding appropriate compensation. I hope it will stimulate our judiciary, our DPP and our Gardaí to vigorously pursue those proven to have laid false evidence and defend those who are the victim of it. I hope it will lead to higher standards and examination of evidence in our court rulings to provide more equitable outcomes for those pursuing a claim or a just finding. And most of all, Coherlock, I hope that it will send a message in this state that lying under oath has consequences, that it is a criminal offence and that it will be prosecuted. Coherlock, I hope that this means the law-re TERMIN… Good, good. Good answer. Thank you. Good, thank you. Good. Good. Good. Good. Good, good. Good. Good good. Good, maggie good. Good. Good. Good. Good. Good. Good. I highly recommend you to work. Good. Good, everyone. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good.
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