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Tribunal query

  • 28-05-2007 2:24pm
    #1
    Sparks
    Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭


    Folks, two questions if you would be so kind;
    1) Is it perjury to lie to a Tribunal?
    2) If a sitting Taoiseach were to do so, could he be charged with perjury? What would be the procedure in such a case?


Comments

  • #2
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    1. Yes.
    2. Yes. A sitting Taoiseach has no particular immunity from perjury or any other criminal offence.
    2.b Presumably, any concerned citizen could make a complaint to a Garda that the offence of perjury has been committed. The Garda will investigate, forward a file to the DPP's office, etc, etc. Alternatively, I presume the Tribunal could refer transcripts, affadavits etc directly to the DPP.


  • #3
    cast_iron
    Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    Gob&#225 wrote: »
    2. Yes. A sitting Taoiseach has no particular immunity from perjury or any other criminal offence.
    Does Dail privilege cover perjury?

    And a reminder to the OP, conveying incorrect information does not constitute perjury - that would require evidence that the defendant was knowingly telling lies - not the same as saying something that is untrue.

    As I only know of one Taoiseach, I'm guessing Bertie Ahern is in question. I've seen no evidence to prove that he knowingly told lies to any tribunal.


  • #4
    Sparks
    Registered Users, Registered Users 2 Posts: 40,038 ✭✭✭✭Sparks


    As I only know of one Taoiseach, I'm guessing Bertie Ahern is in question.
    Not in the OP, he's not. Which is why the OP was on mechanism and protocol, not specific events.


  • #5
    dcarroll
    Closed Accounts Posts: 460 ✭✭dcarroll


    cast_iron wrote:
    Does Dail privilege cover perjury?

    And a reminder to the OP, conveying incorrect information does not constitute perjury - that would require evidence that the defendant was knowingly telling lies - not the same as saying something that is untrue.

    As I only know of one Taoiseach, I'm guessing Bertie Ahern is in question. I've seen no evidence to prove that he knowingly told lies to any tribunal.
    does the privilege apply to tribunals?


  • #6
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    dcarroll wrote:
    does the privilege apply to tribunals?
    and
    cast_iron wrote:
    Does Dail privilege cover perjury?
    No. Dail privilege only covers statements made in the house. That's why TDs are often challenged to "repeat dat outside de house." Which kinda misses the point of having Dail privilege in the first place:rolleyes: :rolleyes:


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  • #7
    cast_iron
    Registered Users, Registered Users 2 Posts: 2,454 ✭✭✭cast_iron


    Gob&#225 wrote: »
    No. Dail privilege only covers statements made in the house.
    I know that, but surely they are immune from perjury charges when it was said in the house.


  • #8
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    cast_iron wrote:
    I know that, but surely they are immune from perjury charges when it was said in the house.
    Perjury only covers statements made under oath (or affirmation) in the course of judicial proceedings. As TD's are neither under oath nor participating in judicial proceedings when in the Dail, I can't see how perjury might arise.

    I suppose you could get a scenario where the Oireachtas is exercising its power to impeach a President or a Judge. If it decided to admit evidence under oath from a member and if the proceedings were deemed to be judicial in nature, then, in theory, the offence of perjury could be committed. In those circumstances, the immunity would kick in. But it seems pretty far-fetched and unlikely to arise.


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