Jackie Cahill (Tipperary, Fianna Fail) | Oireachtas source

I compliment my colleague, Deputy Breathnach, on bringing forward the Bill. He has raised the issue on numerous occasions since he and I entered the Dáil on the same day. As a representative for the constituency of Louth he has intimate knowledge of the issue.

In the context of Brexit and the difficulties which could arise from a hard Brexit, the Bill is extremely timely. It attempts to tackle the illicit sale of goods such as tobacco, alcohol and solid fuel. It seeks to make it an offence to purchase such illicit goods, particularly from an unregistered or unlicensed retailer. According to some estimates, the black economy costs the overall economy €2.3 billion and costs the Exchequer more than €800 million per year. The forgone tax take would cover the overrun in the Department of Health which was discussed yesterday by the Joint Committee on Health. We do not know the true figures for black market trading because by its very nature it remains unseen. The cost to the State, therefore, could be even higher. The measures proposed in the Bill are now even more important in light of the forthcoming minimum unit pricing and the increase in excise on cigarettes. Brexit is also likely to have an impact on the black economy.

Rather than focusing on sellers, the Bill focuses on buyers who know or ought to have known that they were purchasing illicit goods. Under the Bill, "illicit goods" means an alcohol, tobacco or solid fuel product that is counterfeit or in respect of which the applicable taxes or duties have not been paid. While the Garda Síochána and the Revenue Commissioners will continue to face down the sellers of such products by specifically focussing on purchasers, the Bill would act as a deterrent to those who know they are purchasing illicit goods. It seeks to instil a behaviour change among purchasers and to increase the cost of buying illicit goods. It would introduce an on-the-spot fine for anyone caught purchasing illicit goods from an unregistered or unlicensed retailer and make it an offence for a person to buy or attempt to buy tobacco or solid fuel in circumstances where he or she knew or should have known that taxes or excise duties had not been paid. Similarly, it would be an offence for a person to purchase such product if he or she knew or was reckless as to whether the product was counterfeit. It could make would-be purchasers consider the consequences of their actions.

The victims of this illicit trade are the ordinary people of Ireland who are affected by the resultant loss of revenue for the State. Criminals who benefit from the proceeds of such crime are also involved in other criminality more easily recognised as such by the general public. The perpetrators of drug and gun crime are never too far away from the financial opportunities offered by the sale of illicit goods. That makes it essential for legislators to seek to make illicit goods less profitable. We can do so by encouraging the buyers of such goods to turn away from the suppliers thereof. When there is no market, there is no profit and that is what the Bill attempts to achieve.

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