Tuesday, 2 March 2004

Questions (294)

Pat Breen

Question:

380 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the reason incorporeal hereditaments are included as an exception to theft in accordance with the terms of section 5 of the Criminal Justice (Theft and Fraud Offences) Act 2001; and if he will make a statement on the matter. [6579/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

Subsection (2) of section 5 of the Criminal Justice (Theft and Fraud Offences) Act 2001 provides that a person cannot steal land or things forming part of land and severed from it by or under his or her directions, subject to certain exceptions, which are not relevant to the Deputy's question. These are set out in subsection (2)(a), (b) and (c). The section goes on to provide in subsection (3), that "for the purposes of subsection (2), land does not include incorporeal hereditaments". Accordingly, incorporeal hereditaments are not an exception to theft within the meaning of the section and are, therefore, stealable.