Dáil Éireann Debate, Tuesday - 16 April 2013
288. Deputy Michelle Mulherin asked the Minister for Finance the number of compromise fines that were paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil in advance of any prosecution proceedings issuing for each year from 2009 to date; and if he will make a statement on the matter. [16805/13]
View answer289. Deputy Michelle Mulherin asked the Minister for Finance the number of detections of the illegal use of marked mineral oil that were made each year from 2009 to date; and if he will make a statement on the matter. [16806/13]
View answer290. Deputy Michelle Mulherin asked the Minister for Finance the amount of compromise fines paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil per year from 2009 to date in 2013; and if he will make a statement on the matter. [16807/13]
View answer291. Deputy Michelle Mulherin asked the Minister for Finance the number of prosecutions that were pursued by the Revenue Commissioners for the illegal use of marked mineral oil; the number of convictions that were achieved arising therefrom and the amount of fines imposed for each county for each year from 2009 to date; and if he will make a statement on the matter. [16815/13]
View answer292. Deputy Michelle Mulherin asked the Minister for Finance the number of fines that were paid and the total amount collected arising out of convictions for the illegal use of marked mineral oil by the Revenue Commissioners for each year from 2009 to date; and if he will make a statement on the matter. [16816/13]
View answerI propose to take Questions Nos. 288 to 292, inclusive, together.
It is an offence, under section 102 (as amended) of the Finance Act 1999, to use marked mineral oil as a propellant for a motor vehicle, or to keep it in the fuel tank of a vehicle. A person guilty of this offence is liable on summary conviction to a fine of €5,000. A trial judge may, in his or her discretion, mitigate this fine, provided that the amount so mitigated is not greater than 50 per cent of the amount of the fine.
I am advised by the Revenue Commissioners that, where marked mineral oil is detected in the fuel tank of a motor vehicle, the action that they take depends on the specific circumstances of the particular case. In the case of a first detection of marked mineral oil in the fuel tank of a private vehicle, or in certain other cases, they may offer the person concerned an opportunity to resolve the matter by way of payment of a compromise penalty, in lieu of prosecution. In cases where marked mineral oil is found in the fuel tank of a commercial vehicle, the normal course would be to proceed by way of the institution of a prosecution under section 102 of the 1999 Act. In certain cases, the vehicle in which the marked mineral oil is detected is seized by the Revenue Commissioners.
Details of the numbers of detections of marked mineral oil made by the Revenue Commissioners in each of the years from 2009 to 2012, and to 9 April this year, are set out in the following table, along with the numbers of compromise penalty payments in lieu of prosecution received in each of those time periods and the total amounts paid in compromise penalties. The table indicates also the number of cases in which a prosecution was taken, the number of convictions during each period and the total amounts of fines imposed on conviction. Details are given also of the numbers of vehicles seized by the Revenue Commissioners.
Table
Illegal Use of Marked Mineral Oil
|
2009 |
2010 |
2011 |
2012 |
2013 (to 9.04) |
|
|
Detections |
859 |
1,239 |
1,160 |
1,168 |
336 |
|
Compromise penalties |
437 |
645 |
606 |
624 |
117 |
|
Amount of compromise penalties |
€516,645 |
€757,850 |
€656,410 |
€700,355 |
€147,555 |
|
Number of prosecutions |
275 |
319 |
328 |
327 |
83 |
|
Number of convictions |
183 |
232 |
225 |
211 |
38 |
|
Fines imposed on conviction |
€427,450 |
€688,650 |
€643,450 |
€585,250 |
€110,250 |
|
Number of vehicles seized |
112 |
172 |
162 |
120 |
35 |
The following table breaks down, by reference to the county in which the convicting Court was sitting, the numbers of convictions and the amounts of fines imposed.
Table
Breakdown by county of location of sentencing Court of convictions and fines
|
2009 |
2010 |
2011 |
2012 |
2013 (to 9.04) |
|
|
Carlow |
- |
- |
- |
- |
1/€2,500 |
|
Cork |
24/€58,500 |
7/€20,500 |
4/€10,000 |
15/€41,000 |
5/€12,750 |
|
Donegal |
1/€2,500 |
4/€12,500 |
14/€35,500 |
18/€49,500 |
4/€10,000 |
|
Dublin |
51/€98,000 |
71/€218,300 |
48/€157,050 |
24/€65,500 |
2/€5,500 |
|
Galway |
7/€17,500 |
10/€27,000 |
28/€70,000 |
20/€59,750 |
5/€15,000 |
|
Kildare |
- |
- |
3/€7,500 |
3/€10,000 |
2/€12,500 |
|
Limerick |
35/€80,500 |
49/€153,500 |
33/€90,900 |
39/€105,000 |
4/€10,500 |
|
Louth |
13/€33,000 |
15/€43,000 |
15/€44,000 |
9/€23,000 |
2/€5,000 |
|
Mayo |
2/€4,500 |
6/€18,500 |
6/€16,000 |
10/€28,500 |
3/€7,500 |
|
Meath |
- |
- |
- |
3/€7,500 |
1/€2,500 |
|
Monaghan |
16/€43,000 |
17/€45,000 |
16/€53,500 |
15/€43,000 |
- |
|
Offaly |
10/€28,950 |
28/€80,250 |
20/€56,000 |
16/€47,000 |
- |
|
Sligo |
10/€24,500 |
11/€31,000 |
14/€35,500 |
16/€44,000 |
2/€5,000 |
|
Wateford |
13/€34,000 |
12/€33,600 |
17/€48,500 |
15/€39,000 |
5/€16,500 |
|
Wexford |
1/€2,500 |
2/€5,500 |
6/€16,500 |
5/€12,500 |
1/€2,500 |
|
Wicklow |
- |
- |
1/€2,500 |
3/€10,000 |
1/€2,500 |
I am advised by the Revenue Commissioners that, as they are not responsible for the collection of fines imposed by the Courts, they do not have information on the payment of fines.
