Alan Shatter (Dublin South, Fine Gael)

It is imperative those involved in these businesses are fully aware of their responsibilities in accepting gold items and that they discharge these responsibilities fully. In this regard, the Garda Commissioner has informed me that all cash-for-gold premises in the State have been visited by An Garda Síochána and the operators have been made aware of their responsibilities and obligations with regard to purchasing gold and jewellery. Garda contact information provided to operators will facilitate the reporting to An Garda Síochána of any suspicious activity. Consideration will be given in proposed legislation to provide an offence for failing to so report to An Garda Síochána in appropriate circumstances. Such a provision is not contained in the Deputy's Bill. Any new premises that may be identified will be visited by An Garda Síochána. In addition, the Revenue Commissioners are focusing on the cash-for-gold sector with a view to assessing income tax and business tax liabilities.

An Garda Síochána is targeting high-volume crimes including burglaries and theft-related crimes under the recently launched initiative, Supporting Safer Communities. Particular emphasis is being placed on burglary prevention and reduction and a targeted response to burglary regarding locations, times, offenders and victims. While I am satisfied there is adequate criminal justice legislation in place concerning receiving or handling stolen property and important enforcement steps have been taken by An Garda Síochána, there may be a case for tighter requirements specifically in the cash-for-gold sector focused on the identification of those offering items for sale, and indeed the items themselves, the recording of the transaction, retention for a period of the precious item and for accessibility to transaction records by An Garda Síochána in the event of any suspicion of criminality. Jewellery and antique shops purchase second-hand gold and other items which may be sold at auction. Charities and voluntary groups may also sell such items when donated to raise funding. Any legislation must have regard to the legitimate and lawful trade undertaken in a broad range of areas and the manner in which it is conducted both for commercial reasons and for voluntary groups which raise funds. These issues are not even considered in the Deputy's Bill.

In the area of metal thefts, several initiatives have been developed by An Garda Síochána's national crime prevention unit. As a result of analysis of crime trends, the unit has met with stakeholders particularly affected by this type of criminality including the energy supply, communications, transport, brewery, farming sectors and with the Department of Environment, Community and Local Government.

The metal theft forum under the unit was subsequently established which is working on detailed metal theft crime prevention and a reduction plan. The plan will focus on prevention and the Garda operational response while an examination of the regulation of the scrap metal industry is expected to be finalised by the end of this month. In addition, the national crime prevention unit has raised awareness of the issue in the Garda organisation and published a farm security prevention booklet. A farm security initiative, supported by the Irish Farmers Association, was launched outlining steps to secure vulnerable metal farm equipment.

I look forward to the outcome of the metal theft forum and the development of a metal theft crime prevention and reduction plan. In that respect, I await the recommendations of An Garda Síochána in respect of the law in this area.

As part of my considerations into defining precisely the measures that are needed, I will be consulting with stakeholders, relevant agencies and with my ministerial colleagues with a view to determining whether further legislative action is necessary. It is my intention the development of any necessary measures will be achieved in consultation with all relevant stakeholders. I will also ensure regulatory measures are proportionate to ensure normal trading can occur and unnecessary regulatory burdens are not imposed on those engaged in lawful retail trading activities.

I thank Deputy Mattie McGrath for the opportunity to discuss this Bill. As Minister for Justice and Equality, it is my obligation to carefully legally analyse any proposal that comes before the House. The unfortunate reality is that it would not be an efficient way to proceed to attempt to make countless amendments to the Deputy's Bill. I hope he will understand that for the reasons given I cannot support its proceeding from Second Stage to Committee Stage. I give the House an assurance, however, that the issues will be addressed in a considered, proportionate and effective way.

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