Terence Flanagan
Question:79. Deputy Terence Flanagan asked the Minister for Finance his plans to increase fines for fuel smuggling; and if he will make a statement on the matter. [3215/15]
View answerThursday, 22 January 2015
Questions (79)
Written answers
The penalties for offences relating to fuel smuggling and laundering are laid down in section 119 of the Finance Act 2001 and section 102 of the Finance Act 1999. On conviction following summary prosecution under these provisions, a court may impose a fine of €5,000, or a term of imprisonment not exceeding 12 months, or both. Where a person is convicted for an indictable offence, the court may impose a term of imprisonment not exceeding 5 years, or a fine not exceeding €126,970, or both. In addition, for an indictable offence under section 102 of the Finance Act 2001, if the value of the smuggled fuel concerned exceeds €250,000, including duty and taxes, the court may impose a penalty of three times the value of the fuel, or a term of imprisonment not exceeding 5 years, or both.
The penalties were increased in the Finance Act 2010 to an amount significantly higher than that which had applied previously. For example, the fine on conviction for an indictable offence was increased from €12,695 to an amount not exceeding €126,970.
The courts decide on the level of fine to be applied in any particular case and, in practice, they do not apply fines up to the existing limits. There are no proposals at present to increase the level of fines available to the courts. However, the position is kept under review, taking account, among other considerations, of the practical experience of the fines imposed under the current provisions.