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Dáil Éireann debate -
Tuesday, 11 Mar 2003

Vol. 563 No. 1

Written Answers - Illegal Liquor Sales.

John Dennehy

Question:

248 Mr. Dennehy asked the Minister for Finance his views on recent cases involving the sale of illegally distilled spirits; if he is satisfied that adequate measures are in place to deal with such offences which both cost the State revenue and endanger public health; and if he will make a statement on the matter. [7158/03]

The Revenue Commissioners are conscious of the risks posed to both the Exchequer and public health by the production and sale of illicit alcohol and regularly conduct operations to target such activities.

I am informed by the Revenue Commissioners that searches were carried out by Revenue officers following the detection of illicit distilleries in the State and in Northern Ireland. In conjunction with these detections, three bottling plants were also discovered in the state.

I am also informed that proceedings have been instituted recently in a number of cases involving the possession of illicit spirits that had been found in the course of searches of various licensed premises. These proceedings were instituted under the Illicit Distillation Act 1831 which provides, on conviction, for a monetary penalty, or custodial sentence in lieu, and also the consequential disqualification from holding a licence by virtue of an amendment introduced by the Intoxicating Liquor Act 1924. To date, convictions have been obtained in three cases, one of which is the subject of an appeal to the Circuit Court on the question of forfeiture of licence. A further 11 cases are currently before the courts. In the meantime, investigations are continuing in the case of four other detections made last year.
The question of the adequacy of existing legislation is being kept under review in light of developments and, in particular, the outcome of these cases. A new offence in relation to keeping, selling or delivering unexcised or counterfeit spirits has been included in section 93 of the Finance Bill 2003.
I am also informed by the Revenue Commissioners that discussions have taken place with the food division of the Department of Agriculture and Food in regard to possible breaches of EU regulations and that the Department of Health and Children has also been kept informed of developments. The matter is being kept under review.
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