Skip to main content
Normal View

Fuel Laundering

Dáil Éireann Debate, Tuesday - 15 April 2014

Tuesday, 15 April 2014

Questions (153, 154, 155, 156, 157, 158, 159, 160, 161, 162)

Gerry Adams

Question:

153. Deputy Gerry Adams asked the Minister for Finance the total number of fuel laundering plants uncovered in the past five years, by county and by year. [18011/14]

View answer

Gerry Adams

Question:

154. Deputy Gerry Adams asked the Minister for Finance the estimated capacity of each fuel laundering plant uncovered in the past five years; and the total estimated capacity of all fuel laundering plants per annum for the past five years. [18012/14]

View answer

Gerry Adams

Question:

155. Deputy Gerry Adams asked the Minister for Finance the estimated loss to the Exchequer per annum of the fuel laundering plants uncovered. [18013/14]

View answer

Gerry Adams

Question:

156. Deputy Gerry Adams asked the Minister for Finance the estimated loss to the Exchequer of the supply of illegal fuel per annum for the past five years. [18014/14]

View answer

Gerry Adams

Question:

157. Deputy Gerry Adams asked the Minister for Finance if he will provide details of a new product produced to identify illegal rebated fuel. [18021/14]

View answer

Gerry Adams

Question:

158. Deputy Gerry Adams asked the Minister for Finance when the new product to identify illegal rebated fuel will be introduced into the system. [18022/14]

View answer

Gerry Adams

Question:

159. Deputy Gerry Adams asked the Minister for Finance the position regarding co-operation between the PSNI and An Garda Síochána and the Revenue Commissioners' agencies on the island of Ireland; if he is satisfied at the level of co-operation; and if there are plans to increase co-operation. [18023/14]

View answer

Gerry Adams

Question:

160. Deputy Gerry Adams asked the Minister for Finance if he plans to introduce new legislation to strengthen the penalties available to the courts against those involved in the illegal trade of fuel laundering. [18024/14]

View answer

Gerry Adams

Question:

161. Deputy Gerry Adams asked the Minister for Finance the number of filling stations that have been closed by the Revenue Commissioners for breaches of licensing conditions each year and for the past five years. [18025/14]

View answer

Gerry Adams

Question:

162. Deputy Gerry Adams asked the Minister for Finance the number of filling stations closed by the Revenue Commissioners for breaches of the licensing conditions per county. [18026/14]

View answer

Written answers

I propose to take Questions Nos. 153 to 162, inclusive, together.

I am advised by the Revenue Commissioners that the numbers of oil laundries detected and closed down in the period from 2010 to 2013 was 33. Details of those detections, by year and the counties in which they occurred, are set out in the following table.

Year

Cavan

Donegal

Dublin

Laois

Louth

Meath

Monaghan

Offaly

Waterford

Totals

2010

0

0

0

1

0

0

2

1

0

4

2011

0

1

0

0

1

1

6

0

0

9

2012

1

0

0

0

7

0

3

0

0

11

2013

0

0

1

0

2

1

4

0

1

9

Totals

1

1

1

1

10

2

15

1

1

33

 There were no detections of oil laundries in 2009, or to date in 2014.

The Deputy will appreciate that it is inherently difficult to estimate the extent of any illicit activity, the capacity of laundries and the impact on the Exchequer. The Revenue Commissioners advise me that, while there is no reliable estimate of the scale of illegal activity in the fuel sector, they recognise that fuel fraud, and in particular the laundering of markers from rebated fuels, represents a significant threat to Exchequer revenues. Revenue has made action against this illegal activity one of its priorities and is implementing a comprehensive strategy to tackle the problem through enhanced supply chain controls, the acquisition of a more effective fuel marker and continued robust enforcement action.

I am advised also that the Revenue Commissioners work in close cooperation with other enforcement authorities, in this jurisdiction and in Northern Ireland, in combating this all-island problem. The Cross Border Fuel Fraud Enforcement Group, which includes representatives of the Revenue Commissioners, An Garda Síochána, Her Majesty's Revenue and Customs and the Police Service of Northern Ireland and other relevant organisations, was established to facilitate this cooperation, and I am confident that it has proven effective in supporting the identification and targeting of the organised crime gangs, many of whom have links to paramilitaries and former paramilitaries, that are responsible for the bulk of fuel fraud. All enforcement authorities engaged in combatting fuel fraud are committed to working closely together on an ongoing basis in this important work.

Action against filling stations for breach of fuel trader licence conditions has been a central feature of Revenue's overall strategy for combating fuel fraud since mid-2011 in particular, and 32 premises were closed in the course of that year. Data on closures are compiled by reference to Revenue's regionally-based organisational structure, and the figures for 2012 and 2013, disaggregated on that basis, are set out in the following table.

Year

Border, Midlands West

Dublin

EastSouth East

South West

 Totals

2012

33

8

9

7

57

2013

9

3

17

1

30

 Information on the numbers of closures, on a county basis, is being compiled and will be forwarded to the Deputy.  Data is not available for the earlier years.

The penalties for laundering fuel and dealing in laundered fuel are laid down in section 102 of the Finance Act 1999. On conviction following summary prosecution, a court may impose a fine of €5,000 and may also impose a term of imprisonment not exceeding 12 months, instead of, or in addition to, the fine. For convictions following prosecution on indictment, the fine is an amount not exceeding €126,970. The court may also impose a term of imprisonment not exceeding 5 years, as an alternative to, or in addition to the fine.

In addition, when a person who is licensed to retail hydrocarbon oils is convicted of an offence of dealing in illicit fuel, a court may also make an order for a temporary prohibition of trade. This order prevents the person convicted from selling or supplying any mineral oil from any premises licensed by that person. Such an order can be for up to 7 days for a first offence and for up to 30 days for a second or subsequent offence. 

The specific penalty to be imposed in any particular case is a matter for the courts. Section 130(2) of the 2001 Act permits a trial judge, at his or her discretion, to mitigate a fine incurred for an offence under excise law, provided that the amount mitigated is not greater than 50 per cent of the amount of the fine.

The penalties introduced in the Finance Act 2010 represented a significant increase on those applying previously. For example, the fine on conviction for an indictable offence was increased from €12,695 to a fine not exceeding €126,970. There are no proposals for further penalty increases at present but the position is kept under review, taking account, among other considerations, of practical experience in the operation of the increased fines provided for in the 2010 Act.

On the introduction of a new product for identifying laundered fuel, following a joint process involving Revenue and Her Majesty's Revenue and Customs (HMRC), a new marker was identified for use in rebated fuel and an announcement was made on 13 February of this year.   The marker will be produced by Dow Chemical Company and is expected to be introduced early next year following consultation with the oil industry and other stakeholders.

Top
Share