asked the Minister for Finance if he will state (a) the number of prosecutions brought by the Revenue Commissioners on charges of attempted smuggling in the years 1946, 1947, 1948, 1949 and 1950, to date; (b) the number of convictions secured in each of these years, and (c) the number of convictions secured where the seizure was effected at a distance greater than 30 yards from the Border.
Ceisteanna—Questions. Oral Answers. - Smuggling Charges.
Prosecutions brought by the Revenue Commissioners on charges of attempted smuggling in the years 1946, 1947, 1948, 1949 and 1950 (to date) and the number of convictions secured were as follows:—
|
Year |
No. of prosecutions |
No. of convictions |
|
1946 |
82 |
67 |
|
1947 |
153 |
137 |
|
1948 |
211 |
164 |
|
1949 |
94 |
76 |
|
1950 (to date) |
20 |
14 |
To give the information required at (c) would involve the investigation of some 560 files as well as exhaustive inquiries regarding matters not contained in the files. It is, further, not at all certain that even then the particulars sought could be obtained. In the circumstances it is considered that the amount of official time which would require to be spent on these inquiries would not be justified.
asked the Minister for Finance if he will state from the experience of his Department and the office of the Revenue Commissioners over a period of years, what evidence of intention to smuggle is normally required to secure a conviction in our courts short of the defendant's being found in the Six-County territory, since in a recent case the fact that a defendant was found within 30 yards of the Border could only, in the words of the justice, be looked upon with suspicion.
It is presumed that the Deputy refers to export smuggling. Section 3 (1) of the Customs (Temporary Provisions) Act, 1945, provides, inter alia, that every person who (i) brings or sends any goods to any place (ii) attempts to bring or send any goods to any place for the purpose of exportation in contravention of any enactment or statutory instrument shall be guilty of an offence. If it is proved that the goods are subject to export prohibition or restriction and (a) as regards (i) that the person attempted to export the goods; (b) as regards (ii) that the person brought or sent the goods to a definite place, then, until the contrary is proved, the offence is presumed. (Section 3 (2) of the Customs (Temporary Provisions) Act, 1945.) The evidence required to secure a conviction naturally depends on the circumstances of the individual case.