Seán Sherlock (Cork East, Labour) | Oireachtas source

I thank Deputy Doherty for raising this important matter. I am speaking on behalf of the Minister for Justice and Equality, who regrets he is unable to be present as he is in Dublin Castle in his capacity as Minister for Defence.

I can inform the Deputy that on 19 June 2012, the Minister published a report on the criminal justice aspects of the cash for gold trade, which was prepared by his Department. The Minister has formally requested the Oireachtas Joint Committee on Justice, Defence and Equality to consider the content of the report, obtain the views of all relevant interested parties and make such report and recommendations to the Houses of the Oireachtas and to the Government as it deems proportionate and appropriate in the public interest. The Minister understands that the committee has sought views from stakeholders and he is awaiting receipt of the committee's report following the conclusion of the committee's deliberations.

In publishing that report, the Minister noted the concerns that members of the public had expressed about the proliferation of cash for gold outlets throughout the State. The informal purchase of jewellery is not specifically regulated in criminal legislation. However, the circumstances under which jewellery is being bought or sold may indicate the commission of certain offences, such as handling of stolen property or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001. The report indicated that these provisions were adequate to deal with any such offences that may be committed in the cash for gold situation.

The report also highlighted the actions undertaken by An Garda Síochána in consultation with the Minister's Department. All cash for gold premises in the State were visited by An Garda Síochána and the operators made aware of their responsibilities and obligations under the law with regard to the purchase of gold and other items of jewellery. Garda contact information provided to operators will facilitate the reporting to the Garda Síochána of any suspicious activity. The Minister, in publishing the report, congratulated the Commissioner of An Garda Síochána for his prompt and proactive response to this matter.

The Minister has stated that it is arguably inconsistent that there are specific rules and regulations that apply to pawnbrokers for the protection of the public and to assist the Garda while similar appropriate and adapted rules and regulations do not apply to cash for gold outlets. It is in this context that the need to explore the issue of evidence of ownership of gold and jewellery items, such as photo ID and other evidence of ownership mentioned by the Deputy, is referred to in the report and no doubt will be the subject of attention in the course of the Oireachtas committee's consideration of the issue.

There is a requirement to examine carefully the resource implications of any role envisaged for An Garda Síochána in proposed new regulatory steps. In addition, in framing any necessary measures in respect of cash for gold shops, it is important to ensure consistency in their application in so far as they would also apply to other retail outlets that may trade in second-hand gold items, such as jewellery and antique retailers. However, the Minister is of the view that it is important to avoid creating unnecessary form-filling, expense and bureaucracy for legitimate businesses that makes no significant contribution to law enforcement or the protection of the public generally.

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