An Act to provide for offences relating to perjury, subornation of perjury, the making of certain false statements, the fabrication of evidence and other related matters; for those purposes to amend certain enactments; and to provide for related matters.

[21st June, 2021]

Be it enacted by the Oireachtas as follows:

Definitions and Application

1. (1) In this Act—

“Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 ;

“affidavit”, in the case of a person for the time being allowed by law to declare instead of swearing, includes declaration;

“enactment” has the same meaning as it has in the Interpretation Act 2005 ;

“judicial or other proceeding” means a proceeding before any—

(a) court,

(b) tribunal, including a tribunal of inquiry or a commission of investigation, or

“oath”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirmation or declaration;

“perjury” shall, except where the context otherwise requires, be construed in accordance with section 2 (1);

“statutory declaration” means a declaration made under the Statutory Declarations Act 1938 ;

“subornation of perjury” shall, except where the context otherwise requires, be construed in accordance with section 3 (1);

“swear”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirm and declare.

(2) Section 21(3) of the Act of 2020 shall not apply in respect of any reference in this Act to an affidavit or a statutory declaration.

Perjury

2. (1) A person commits an offence (in this Act referred to as perjury) if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding—

(a) while lawfully sworn as a witness or as an interpreter,

(b) on affidavit, or

that is false, and he or she knows to be false.

(2) Where, pursuant to an enactment, a statement is made by a person in a manner specified in paragraph (a), (b) or (c) of subsection (1)—

(a) within the State for the purposes of a proceeding outside the State and such proceeding corresponds to a judicial or other proceeding in the State, or

(b) outside the State for the purposes of a judicial or other proceeding within the State,

the statement shall be treated for the purposes of this Act as a statement made in such a manner in, or for the purpose of, a judicial or other proceeding in the State.

(3) Where proceedings are brought against a person for the alleged commission of perjury, the question as to whether a statement given by the person was material in a judicial or other proceeding is a question of law to be determined by the court of trial in the proceedings for perjury.

(4) This section is without prejudice to the Criminal Justice (Mutual Assistance) Act 2008 .

Subornation of perjury

3. (1) A person commits an offence (in this Act referred to as subornation of perjury) if he or she procures, persuades, induces or otherwise causes another person to commit perjury, knowing or being reckless as to whether the other person is committing such offence.

(2) For the purposes of subsection (1), it shall be immaterial whether or not the other person referred to in that subsection has been convicted of the perjury to which the alleged subornation of perjury relates.

(3) Where proceedings are brought against a person for the alleged commission of subornation of perjury, the question as to whether a statement given by the other person referred to in subsection (1) was material in a judicial or other proceeding is a question of law to be determined by the court of trial in the proceedings for subornation of perjury.

(4) This section is without prejudice to the Criminal Justice (Mutual Assistance) Act 2008 .

References to perjury or subornation of perjury

4. (1) Where, on or after the coming into operation of this subsection, a person commits an offence referred to as perjury, howsoever described, in an enactment specified in Schedule 1 , he or she shall be liable to be proceeded against and punished as if he or she were guilty of perjury under this Act.

(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.

False statements on oath made otherwise than in judicial or other proceedings

5. (1) Any person required or authorised by law to make any statement on oath for any purpose, and being lawfully sworn (otherwise than in judicial or other proceedings) who gives or causes to be given, or adduces or causes to be adduced, a statement material for that purpose that—

(a) is false in any material respect, and

(b) he or she knows to be false,

commits an offence.

(2) A person who gives or causes to be given, or adduces or causes to be adduced, an affidavit for the purposes of the Bills of Sale (Ireland) Acts 1879 and 1883 that—

(a) is false in any material aspect, and

(b) he or she knows to be false,

commits an offence.

False statutory declarations and other false statements without oath

6. (1) A person commits an offence if he or she, otherwise than on oath, gives or causes to be given, or adduces or causes to be adduced, a statement that is false in any material respect, and he or she knows to be false and the statement is made in any of the following:

(a) a statutory declaration;

(b) a statement of truth made in place of a statutory declaration in accordance with section 21 of the Act of 2020;

(c) an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which the person is authorised or required to make, attest, or verify, by or under any enactment;

(d) any oral declaration or oral answer which the person is required to make by, under, or in pursuance of any enactment.

(2) This section does not apply in respect of an offence to which section 69 of the Civil Registration Act 2004 applies.

Fabrication of evidence

7. A person commits an offence if he or she, with intent to mislead any judicial or other proceeding—

(a) fabricates evidence by any means other than as provided for in respect of perjury or subornation of perjury, or

(b) knowingly makes use of such fabricated evidence.

Incitement to commit offence

8. A person commits an offence if he or she incites another person to commit an offence under this Act.

Corroboration

9. A person accused of an offence under this Act, or of any offence declared by any other Act—

(a) to be perjury or subornation of perjury, or

(b) to be punishable as perjury or subornation of perjury,

shall not be liable to be convicted of that offence upon the evidence of one witness only unless that evidence is corroborated in some material particular by evidence that implicates the person so accused.

Proof of certain proceedings on which perjury is assigned

10. On a prosecution—

(a) for perjury alleged to have been committed on the trial of an indictment, or

(b) for subornation of perjury in respect of perjury alleged to have been committed on any such trial,

the fact of the former trial shall be sufficiently proved by the production of a certificate containing the substance and effect (omitting the formal parts) of the indictment and trial purporting to be signed by the registrar of the court concerned, or other person having the custody of the records of the court where the indictment was tried, or by the deputy of that registrar or such other person, without proof of the signature or official character of the person appearing to have signed the certificate.

Form of oath and perjury, etc.

11. For the purposes of this Act, the forms and ceremonies used in administering an oath are immaterial, if—

(a) the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question, and

(b) if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection or has declared to be binding on him or her.

Penalties

12. A person who commits an offence under this Act is liable—

(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.

Liability of directors and officers of corporate bodies

13. (1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect of, a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate or of a person purporting to act in such a capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Proceedings for offences

14. (1) No proceedings for an offence under this Act, or for an offence of perjury or subornation of perjury under any other enactment or law, shall be brought except by, or with the consent of, the Director of Public Prosecutions.

(2) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings in relation to an offence under this Act or an offence of perjury or subornation of perjury under any other enactment or law may be commenced—

(a) at any time within 12 months from the date on which the offence was committed, or

(b) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.

Savings

15. (1) Where the making of a false statement is—

(a) an offence under section 5 or 6 of this Act, and

(b) an offence that is punishable on summary conviction only under another enactment that came into operation before the coming into operation of this Act,

a person shall be liable to be proceeded against for such an offence under the other enactment only.

(2) Where the making of a false statement is not only an offence under this Act but also by virtue of some other enactment is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or fine, then the liability of the offender under this Act shall be in addition to and not in substitution for his or her liability under that other enactment.

Repeals and amendments

16. (1) The Perjury Act 1586 and the Perjury Act 1729 are repealed.

(2) The provisions of the Acts referred to in column (2) of Schedule 3 are amended in the manner referred to in column (4) of that Schedule opposite the reference in column (3) to the provision concerned.

Short title and commencement

17. (1) This Act may be cited as the Criminal Justice (Perjury and Related Offences) Act 2021.

(2) The Industrial and Provident Societies Acts 1893 to 2018, this subsection and, in so far as they relate to the amendment to the Industrial and Provident Societies Act 1893 , section 16 (2) and Schedule 3 may be cited together as the Industrial and Provident Societies Acts 1893 to 2021 and shall be read together as one.

(3) The Friendly Societies Acts 1896 to 2018, this subsection and, in so far as they relate to the amendment to the Friendly Societies Act 1896 , section 16 (2) and Schedule 3 may be cited together as the Friendly Societies Acts 1896 to 2021 and shall be read together as one.

(4) The Insurance Acts 1909 to 2018, this subsection and, in so far as they relate to the amendment to the Assurance Companies Act 1909 , section 16 (2) and Schedule 3 may be cited together as the Insurance Acts 1909 to 2021 and shall be read together as one.

(5) This Act comes into operation on such day or days as the Minister for Justice may by order appoint, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

SCHEDULE 1

Section 4 (1)

1. Foreign Tribunals Evidence Act 1856, section 3

2. Public Works Loans Act 1875, section 44

3. General Prisons (Ireland) Act 1877, section 11

4. Dundalk Harbour and Port Act 1925, section 73(8)

5. Arterial Drainage Act 1925, section 28(2)

6. Limerick Harbour Act 1926, section 24(9)

7. River Owenmore Drainage Act 1926, section 19(2)

8. Barrow Drainage Act 1927, section 30(2)

9. Electricity (Supply) Act 1927, section 88(4)

10. Cork Harbour Act 1933, section 7(9)

11. Galway Harbour Act 1935, section 58(9)

12. Shops (Hours of Trading) Act 1938, section 5(2)

13. Industrial Alcohol Act 1938, section 29(2)

14. Turf Development Act 1946, section 42(2)

15. Coast Protection Act 1963, section 27(2)

16. Fishery Harbour Centres Act 1968, section 2(6)

17. Court of Justice of the European Communities (Perjury) Act 1975, section 1

18. Gas Act 1976, Second Schedule, Article 7(3)

19. Criminal Evidence Act 1992, section 29(3)

20. Diplomatic and Consular Officers (Provision of Services) Act 1993, section 6

21. Children Act 1997, section 21(3)

22. Employment Permits Act 2006, section 35(4)

SCHEDULE 2

Section 4 (2)

1. Tumultuous Risings Act 1775, sections 16 and 22

2. Dublin Police Magistrates Act 1808, sections 57 and 124

3. Evidence (Ireland) Act 1815, section 8

4. Evidence on Commission Act 1831, section 7

5. Church Temporalities Act 1833, section 123

6. Civil Procedure Act 1833, section 23

7. Debtors (Ireland) Act 1840, section 78

8. Perpetuation of Testimony Act 1842, section 1

9. Lands Clauses Consolidation Act 1845, section 149

10. Railways Clauses Consolidation Act 1845, section 160

11. Markets and Fairs Clauses Act 1847, section 57

12. Gasworks Clauses Act 1847, section 44

13. Harbours, Docks, and Piers Clauses Act 1847, section 96

14. Cemeteries Clauses Act 1847, section 65

15. Town Police Clauses Act 1847, section 76

16. Attachment of Goods (Ireland) Act 1850, section 10

17. Civil Bill Courts (Ireland) Act 1851, section 104

18. Fines Act (Ireland) 1851, section 6(2)

19. Dublin Carriage Act 1853, sections 66 and 68

20. Convict Prisons (Ireland) Act 1854, section 21

21. Chancery and Common Law Offices (Ireland) Act 1867, sections 17, 45 and 53

22. Commissioners For Oaths (Ireland) Act 1872, sections 5 and 9

23. Slave Trade Act 1873, section 22

24. Public Health (Ireland) Act 1878, section 262

25. Explosive Substances Act 1883, section 6(2)

26. Central Bank Act 1942, section 33BA(8)

27. Criminal Justice Act 1951, First Schedule, reference number 3

28. Solicitors (Amendment) Act 1960, section 29

29. Extradition Act 1965, section 3(1)

30. Redundancy Payments Act 1967, section 39(17)

31. Local Elections (Petitions and Disqualifications) Act, 1974, section 20(2)

32. Criminal Law (Jurisdiction) Act 1976, section 12(8)

33. Bankruptcy Act 1988, section 21(4)

34. Child Abduction and Enforcement of Custody Orders Act 1991, section 36(5)

35. Patents Act 1992, section 130(3)

36. Criminal Evidence Act 1992, section 27(2)

37. Electoral Act 1992, Third Schedule, Rule 15

38. Referendum Act 1994, section 52(2)

39. Ethics in Public Office Act 1995, section 32(5)

40. Proceeds of Crime Act 1996, sections 9(2) and 16B(6)(b)

41. European Parliament Elections Act 1997, Schedule 2, Rule 142(2)

42. Taxes Consolidation Act 1997, section 1066 and Schedule 27

43. Children Act 1997, section 28(2)

44. Commission to Inquire into Child Abuse Act 2000, section 14(7)

45. Valuation Act 2001, Schedule 2, paragraph 10

46. Children Act 2001, section 255(5)

47. Mental Health Act 2001, section 49(5)

48. Residential Institutions Redress Act 2002, section 7(6)

49. Social Welfare Consolidation Act 2005, section 333(11)

50. Criminal Law (Insanity) Act 2006, section 12(5)

51. Criminal Justice (Mutual Assistance) Act 2008, section 2(1)

52. Criminal Procedure Act 2010, section 7

53. Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, sections 29(1), 75(2), 81(1) and 90(2)

54. Companies Act 2014, section 671(7), subsections (1) and (3) of section 881 and sections 931A(7), 938(7) and 1500(3)

55. Financial Services and Pensions Ombudsman Act 2017, section 47(10)

56. Judicial Council Act 2019, subsections (4) and (6) of section 69

57. Rules of Procedure (Defence Forces) 2019 ( S.I. No. 555 of 2019 ), Rule 61

58. Companies Act 2014 (Procedures Governing the Conduct of Section 934 Investigations) Regulations 2020 ( S.I. No. 16 of 2020 ), Regulation 8(9)

SCHEDULE 3

Amendments to Relevant Acts

Section 16

Regnal year and number or year and number

(1)

Short title

(2)

Provision

(3)

Amendment

(4)

32 Hen. 8 c. 9

Maintenance and Embracery Act 1540

Section 3

Delete “or surborne any witnes by letters, rewaredis, promises, or by any other sinister labour or meanes,” and delete “or to the procurement or occasion of any manner of perjury by false verdict or otherwise”.

10 Chas. 1 Sess 3, c. 15 (Ir.)

Maintenance and Embracery Act 1634

Section 3

Delete “or surborne any witness by letters, rewards, promises, or by any other sinister labour or means,” and delete “or to the procurement or occasion of any manner of perjury by false verdict or otherwise”.

42 Geo. 3, c. 85

Criminal Jurisdiction Act 1802

Section 5

Delete section.

53 Geo. 3, c. 107

Endowed Schools (Ireland) Act 1813

Section 30

Delete section.

54 Geo. 3, c. 157

Evidence (Ireland) Act 1815

Section 9

Delete section.

56 Geo. 3, c. 56

Probate Duty (Ireland) Act 1816

Section 131

Delete the words from “and if any person or persons making any such affidavit” down to the end of that section.

1 & 2 Geo. 4 c. 53

Common Law Procedure (Ireland) Act 1821

Section 70

Delete section.

1 & 2 Will. 4, c. 33

Public Works (Ireland) Act 1831

Section 93

Delete section.

3 & 4 Will. 4, c. 49

Quakers and Moravians Act 1833

Section 1

Delete the words from “and if any such person” down to “notwithstanding”.

5 & 6 Will. 4 c.52

Statutory Declarations Act 1835

Section 5

Section 21

Delete section.

1 & 2 Vict. c. 77

Quakers and Moravians Act 1838

Section 1

Delete the words from “and if any such person making such solemn affirmation or declaration” down to “every such offender shall be subject”.

1 & 2 Vict. c. 105

Oaths Act 1838

Section 1

Delete “either” and “or a witness, or a deponent” and delete the words from “; and every such person in case of wilful false swearing” down to the end of that section.

3 & 4 Vict. c. 97

Railway Regulation Act 1840

Section 4

Delete section.

8 & 9 Vict. c. 18

Lands Clauses Consolidation Act 1845

Section 149

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

8 & 9 Vict. c. 20

Railways Clauses Consolidation Act 1845

Section 160

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

8 & 9 Vict. c. 115

Chancery Taxing Master (Ireland) Act 1845

Section 5

Delete section.

10 & 11 Vict. c. 14

Markets and Fairs Clauses Act 1847

Section 57

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

10 & 11 Vict. c. 15

Gasworks Clauses Act 1847

Section 44

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

10 & 11 Vict. c. 27

Harbours, Docks, and Piers Clauses Act 1847

Section 96

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

10 & 11 Vict. c. 65

Cemeteries Clauses Act 1847

Section 65

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

10 & 11 Vict. c. 89

Town Police Clauses Act 1847

Section 76

Substitute “the provisions of the special Act” for “the provisions of this or the special Act”.

13 & 14 Vict. c. 26

Piracy Act 1850

Section 6

Delete section.

14 & 15 Vict. c. 57

Civil Bill Courts (Ireland) Act 1851

Section 157

Delete section.

14 & 15 Vict. c. 100

Criminal Procedure Act 1851

Sections 19 to 22

Delete sections.

16 & 17 Vict. c. 45

Government Annuities Act 1853

Section 32

Delete section.

19 & 20 Vict. c. 113

Foreign Tribunals Evidence Act 1856

Section 3

Delete “; and if upon such oath or affirmation any person making the same wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury”.

19 & 20 Vict. c. 102

Common Law Procedure Amendment Act (Ireland) 1856

Section 92

Delete section.

21 & 22 Vict. c. 90

Medical Act 1858

Section 39

Delete section.

22 Vict. c. 20

Evidence By Commission Act 1859

Section 2

Delete section.

22 & 23 Vict. c. 17

Vexatious Indictments Act 1859

Section 1

Delete “Perjury,” where it first occurs, “Subornation of Perjury,” and “or (in the Case of an Indictment for Perjury) by the Direction of any Court, Judge, or public Functionary authorise by an Act of the Session holden in the Fourteenth and Fifteenth Years of Her Majesty, Chapter One hundred, to direct a Prosecution for Perjury.”.

31 & 32 Vict. c. 119

Regulation of Railways Act 1868

Section 8

Delete “Any person who, when so examined on oath, makes any false statement, knowing the same to be false, shall be guilty of perjury.”.

33 & 34 Vict. c. 110

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

Section 25

Delete section.

34 & 35 Vict. c. 36

Pensions Commutation Act 1871

Section 9

Delete “shall be deemed to be guilty of a misdemeanor, and” and “, and to be imprisoned for any term not exceeding two years, with or without hard labour”.

34 & 35 Vict. c. 49

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871

Section 19

Delete section.

34 & 35 Vict. c. 78

Regulation of Railways Act 1871

Section 10

Delete section.

35 & 36 Vict. c. 75

Commissioners For Oaths (Ireland) Act 1872

Section 5

Delete “; and any person swearing falsely in any such affidavit shall be liable to the penalties of perjury, and may be indicted and tried for perjury in the same manner to all intents and purposes as he might be if such affidavit had been sworn in the county of the city of Dublin”.

42 & 43 Vict. c. 50

Bills of Sale (Ireland) Act 1879

Section 17

Delete “Whoever wilfully makes or uses any false affidavit for the purposes of this Act shall be deemed guilty of wilful and corrupt perjury.”.

45 & 46 Vict. c. 51

Government Annuities Act 1882

Section 11

Delete subsection (3).

51 & 52 Vict. c. 46

Oaths Act 1888

Section 1

Delete the words from “; and if any person making such affirmation” down to the end of that section.

52 & 53 Vict. c. 10

Commissioners For Oaths Act 1889

Section 7

Delete section.

55 & 56 Vict. c. 23

Foreign Marriage Act 1892

Section 15

Delete section.

56 & 57 Vict. c. 39

Industrial and Provident Societies Act 1893

Section 61

In paragraph (c) to delete “; and any person knowingly making a false or fraudulent declaration in the matter shall be guilty of a misdemeanour”.

59 & 60 Vict. c. 25

Friendly Societies Act 1896

Section 87

In subsection (2), delete “false or”.

62 & 63 Vict. c. 23

Anchors and Chain Cables Act 1899

Section 13

In subsection (1), delete “or” at the end of paragraph (ii) and delete paragraph (iii).

6 Edw. 7 c. 40

Marriage With Foreigners Act 1906

Section 1

Delete subsection (2).

7 Edw. 7 c. 24

Limited Partnerships Act 1907

Section 12

Delete section.

8 Edw. 7 c. 53

Law of Distress Amendment Act 1908

Section 1

Delete “and, if any under tenant, lodger, or other person aforesaid, shall make or subscribe such declaration and inventory knowing the same or either of them to be untrue in any material particular, he shall be deemed guilty of a misdemeanour”.

9 Edw. 7 c. 49

Assurance Companies Act 1909

Section 24

Substitute for section:

“Penalty for falsifying

statements etc.

24. If any account balance

sheet, abstract,

statement, or other

document required by

this Act is false in any

particular to the

knowledge of any

person who signs it, that

person shall be guilty of

an offence and shall be

liable to be proceeded

against and punished as

if he or she were guilty

of an offence under

section 6 of the

Criminal Justice

(Perjury and Related

Offences) Act 2021.”.

9 & 10 Geo. 5 c. 51

Checkweighing in Various Industries Act 1919

Section 3

In subsection (4) substitute

“that person shall be guilty of

an offence and shall be liable

to be proceeded against and

punished as if he or she were

guilty of an offence under

section 6 of the Criminal

Justice (Perjury and Related

Offences) Act 2021.” for “he

shall be guilty of a

misdemeanour and liable to

imprisonment, with or

without hard labour, for a

term not exceeding two

years, or to a fine, or to both

such imprisonment and

fine.”.

No. 37 of 1938

Statutory Declarations Act 1938

Section 6

Substitute for section:

“Penalty for false

declaration

6. Every person who

makes a statutory

declaration which to his

or her knowledge is

false in any material

respect shall be guilty of

an offence and shall be

liable to be proceeded

against and punished as

if he or she were guilty

of an offence under

section 6 of the

Criminal Justice

(Perjury and Related

Offences) Act 2021.”.

No. 16 of 1997

Bail Act 1997

Schedule

Insert the following paragraph after paragraph 42:

“Offences under the Criminal Justice (Perjury and Related Offences) Act 2021

43. Any offence under the Criminal Justice (Perjury and Related Offences) Act 2021.”.

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