Dáil Éireann Debate, Tuesday - 25 June 2013
184. Deputy Paschal Donohoe asked the Minister for Finance the number of successful prosecutions that have been made for the supply of illegally obtained cigarettes and tobacco; the average length of sentence or fine for any successful prosecution; and if he will make a statement on the matter. [30842/13]
Amharc ar fhreagraI am advised by the Revenue Commissioners that they view the illicit trade in tobacco products as a very serious matter and that combating this illegal activity is a high priority for them. Their “Strategy on Combating the Illicit Tobacco Trade 2011-2013” includes a wide range of measures that are designed to identify and target those involved in the supply or sale of illicit tobacco products, with a view to seizing the illicit products and prosecuting those involved. The penalties that may be imposed where a person is convicted for the smuggling or selling of illicit products are set down in, respectively, section 119 of the Finance Act 2001 and section 78 of the Finance Act 2005. The specific penalty to be imposed in a particular case is a matter for the Courts.
Details of the penalties imposed in respect of tobacco-related convictions during 2012, and this year to 31 May, are set out in the following tables:
Convictions for Tobacco Smuggling
|
- |
2012 |
2013 (to 31 May) |
|
Conviction on indictment |
7 |
1 |
|
Custodial prison sentences |
7 (in 5 instances the sentence was suspended) |
1 (the sentence was suspended) |
|
Range of custodial sentences |
2 months to 3 years |
1 sentence of 3 years |
|
No. of cases in which fine imposed |
2 |
- |
|
Average fine |
€2,500 |
- |
|
Summary Convictions |
50 |
17 |
|
Custodial prison sentences |
19 (in 2 instances the sentence was suspended) |
11 (in 3 instances the sentence was suspended) |
|
Range of custodial sentences |
6 days to 10 months |
28 days to 6 months |
|
No of cases in which fine imposed |
35 |
10 |
|
Average fine |
€2,530 |
€2,600 |
Convictions for Keeping or Sale of Tobacco
|
- |
2012 |
2013 (to 31 May) |
|
Conviction on indictment |
15 |
1 |
|
Custodial prison sentences |
15 (In 8 instances the sentence was suspended, and in instance part of sentence was suspended) |
-* |
|
Range of custodial sentences |
18 months to 3 years |
- |
|
No. of cases in which fine imposed |
- |
- |
|
Summary Convictions |
60 |
22 |
|
Custodial prison sentences |
6 (In 5 instances the sentence was suspended) |
6 (In 4 instances the sentence was suspended) |
|
Range of custodial sentences |
1 day to 6 months |
4 months to 10 months |
|
No of cases in which fine imposed |
54 |
19 |
|
Average fine |
€2,834 |
€2.736 |
Notes
*Sentence of 240 hours of community service imposed.
