Mr. Derek Byrne:

We greatly appreciate the comments of the Chairman and the committee.

The Garda Síochána in no way disputes the medical findings on the effects of tobacco, as outlined by Senator John Crown and other members of the committee. From where we sit, this is a demand-led industry. In my opening comments I mentioned that our response was intelligence-led to tackle the criminality end of the problem. We have challenges, like our colleagues in the Customs service and the Revenue Commissioners, in trying to deal with it.

I was asked how strategies had changed. We have intercepted containers. There is a relatively small outlay for quite a high profit margin and some have taken high risks and lost a lot of money. Separately, we have individuals arriving at air and sea ports throughout the State with suitcases full of cigarettes. Our colleagues in the Revenue Commissioners have had considerable success in dealing with that part of the problem.

Senator Martin Conway asked me about markets. There are little markets all over the country. We have worked with private investigation companies and Operation Decipher has led to considerable success, with 16 raids in one day and 13 successful seizures around the country at various markets and fairs.

Deputy Sandra McLellan asked me about the Garda recruitment campaign. It is a function of all members of the Garda Síochána to enforce the legislation.

We think the current legislation is relatively robust.

Deputy Healy asked whether the new sanctions will prove beneficial. We see them as being in the serious crime category. At this stage it appears that the legislation will be quite sufficient for us to deal with the crime as an indictable offence. That also makes it an arrestable offence for us. The indications in the proposed legislation are that it is being treated as a serious crime, which is a welcome development.

Other issues were raised, including counterfeiting. Copyright is not a major prohibition for us. We have several other pieces of legislation to deal with casual trading or trademarks. We have sufficient legislation to deal with the matter. We will be strengthened by the proposed new legislation and the penalties that will be imposed. Earlier I said that we do not know the extent of the problem after the implementation of the legislation. However, we will watch the matter very closely. We must wait and see how enterprising criminal elements adapt to the legislation. It is at that stage that we will be able to give some greater indications of what the situation is likely to look like in terms of what must be done by the Garda Síochána, Revenue and Customs and Excise.

We are very closely aligned with Interpol and Europol for some of the international operations and attend various meetings. We have hosted two conferences on intellectual property crime in Ireland, late last year and four years earlier, and 650 delegates attended from over 50 countries. This illicit trade was very high on the agenda and is very high on our agenda. We are very much linked with Interpol and Europol in terms of enforcement methodologies. Profiling and tracing takes place across jurisdictions to see if we can intercept illegal tobacco products entering the jurisdiction. Of course if we gather information there is a process whereby we will act on it immediately to detect activity, prevent the loss of Exchequer funding within the jurisdiction and prosecute the offenders.

Several other issues have been mentioned. I am not sure if I have missed any but I am more than happy to address them if I have not done so already. I am accompanied by the chief bureau officer from the Criminal Assets Bureau and the Detective Chief Superintendent from the National Bureau of Criminal Investigation. We are more than anxious to answer any further questions if I have not touched on some of the issues raised.