New Legislation To Assist In Fighting Fraudulent Claims

Author:Mr Kieran Cowhey and Elaine Healy
Profession:Dillon Eustace

Fraud is costing the Insurance Industry over €200 million per year. The proposed Perjury and Related Offences Bill 2018 is welcome legislation that can assist in combatting false or exaggerated claims.

Perjury and Related Offences Bill 2018

The Perjury and Related Offences Bill 2018, which is a Private Members Bill, was brought to government in late October. The purpose of the bill is to make perjury a statutory offence. This would support the procedures for criminal prosecution for fraudulent claims.

It aims to consolidate and simplify the law relating to perjury and to update certain penalties.

The bill highlights that, regardless of the proceedings, if evidence is sworn on an affidavit in court or oral testimony delivered and false or misleading evidence is knowingly provided, then the perpetrator will be investigated, prosecuted and could face up to seven years in jail.

The wording that has been used in respect of the offence of perjury is analogous to that used in the Civil Liability and Courts Act 2004. In the 2004 Act the Oireachtas attempted to make it a criminal offence and a civil wrong to give false or exaggerated...

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