Moved by
Lord Caine
90: After Clause 23, insert the following new Clause—
“False statements: offence
(1) A person commits an offence by making a false statement to the ICRIR in connection with any of its functions under sections 18 to 22.
(2) For the purposes of this section—
(a) a person makes a false statement by—
(i) making a statement which the person knows to be false in a material respect, or
(ii) recklessly making a statement which is false in a material respect;
(b) “making a statement” includes giving an account in connection with a request for immunity under section 18.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
(c) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both;
(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.
(4) Proceedings for an offence under this section may be instituted—
(a) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland;
(b) in England and Wales, only by or with the consent of the Director of Public Prosecutions.”
Member’s explanatory statement
This amendment prohibits (knowingly or recklessly) providing a statement to the ICRIR that is materially false.