Making a false declaration before a Peace Commissioner.

fjk49er

I am curious to know what the legal ramifications are for making a false declaration before a Peace Commissioner (PC)? I work in the public service, and in my job I process applications where people claim a refund of a particular type of tax once they meet certain criteria. The form needs to be completed and signed before, and stamped by a Peace Commissioner. In a recent instance, one particular applicant has quite blatantly lied on the form and knowingly declared things which are untrue. The form is signed and stamped by the PC. As it happens, in this particular case there is ample evidence to reject the claim and of course the refund will not be granted. However, to me this doesn't quite seem fair as basically one can easily submit a fraudulent claim, possibly it slips through the net or there is insufficient evidence to reject and you receive a substantial amount of money. Worst case scenario is that there is no refund and absolutely no other ramifications. Could there, or should there be stronger sanctions to punish this kind of behaviour? Is it not the duty of the PC to make even a cursory check on the facts which he/she is authorising? Is lying before a PC, not equivalent to lying before the State? Surely it is an utter waste of time to have this formality, and it is essentially meaningless.
I would compare it with having certain forms such as passports, Motor Tax forms, etc signed before the Gardai. Again, a massive waste of time if there are no ramifications and no checks on the veracity of what is being declared.
I'd love to hear some thoughts.

http://www.citizensinformation.ie/en/justice/civil_law/peace_commissioners.html

coylemj

Not sure if there's more up to date legislation but that was covered by the Statutory Declarations Act 1938...

http://www.irishstatutebook.ie/1938/en/act/pub/0037/index.html

Pro Hoc Vice

http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0051.html

Is the most uptodate statment of the Law I believe.

vector

Has anyone ever actually be fined 3,000 euro or imprisoned for lying in a Statutory Declaration?

Cllrs for example have to complete an Annual Stat Dec over expenses/donations.

It is a fact that some Cllrs have had issues with incorrect figures etc.

Yet were they fined? and who would issue such a fine?

Peregrinus

vector wrote: »

. . . and who would issue such a fine?

A court. You'd have to be charged, prosecuted and convicted before you could be fined.