Dáil Éireann debate -
Thursday, 25 Jul 1996

Vol. 468 No. 4

Written Answers. - Cigarette Smuggling.

Liz O'Donnell

Question:

66 Ms O'Donnell asked the Minister for Finance the adequacy of the law relating to the illegal smuggling of cigarettes and the subsequent distribution and sale of these cigarettes; the number of seizures which have been made during each of the past three years; the quantity of these seizures; the number of prosecutions and convictions made in this regard; and the penalties for such organised crime. [15811/96]

Minister for Finance (Mr. Quinn)

I am advised by the Revenue Commissioners that the position in relation to the seizure of cigarettes and prosecutions in respect of the smuggling and sale of cigarettes and other tobacco products in the years 1994, 1995 and so far this year, and the relevant penalties is set out in the following tables I and II.

I am satisfied as to the adequacy of the law in this area at present; however, additional legal measures, including the extension of stamping to "roll-your-own" tobacco products, will be taken as necessary.

Table I

Seizures of Cigarettes

Year	Number of Seizures	Quantity	Estimated Retail Value	Duties, Excise, VAT
			£	£
1994	320	4,775,510	618,428	465,851
1995	800	24,946,600	3,273,123	2,469,064
1996	226*	2,297,550	322,170	244,283

* Latest figures. These figures include detention of 800,000 cigarettes by Customs on 6 July 1996. These cigarettes will be seized shortly.

Table II

Prosecutions

1994:

None.

1995:

Under section 186 of the Customs Consolidation Act, 1876 (the smuggling provisions), nine cases were initiated. To date eight of these cases have been heard, convictions obtained in seven and one has been adjourned.

1996:

(a) under section 186 of the Customs Consolidation Act, 1876, 16 cases have been initated. Five of these cases will be heard shortly. Over 40 more cases are currently being processed.

(b) under section 10A of the Finance (Excise Duty on Tobacco Products) Act, 1977 (the stamping provisions), 11 cases will be heard in September.

Penalties

(a) the penalties under section 186 of the Customs Consolidation Act, 1876 (as amended) are

(i) on summary conviction, a fine of £1,000, or imprisonment for up to 12 months, or both, and

(ii) on conviction on indictment, a fine of £10,000, or imprisonment for up to 5 years, or both.

(b) the penalties under section 10A of the Finance (Excise Duty on Tobacco Products) Act, 1977 are liability to forfeiture of the cigarettes and any vehicle used in their conveyance and a fine of £1,000 on conviction.