Mattie McGrath (Tipperary South, Independent)
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I am sad to have to raise this issue about a scrap and precious metal dealers Bill, which I introduced here in November 2011. It was debated in 2012. The Minister for Justice and Equality rejected the Bill despite cross-party support. Since then there has been report after report. There was a report from the national metal theft forum, which recommended that Oireachtas Joint Committees should examine the matter. This has not happened.

I reintroduced the Bill in 2014 after the then Minister had rejected it in 2012 and promised to introduce his own legislation. I introduced eight amendments which he had suggested were necessary and, sadly, the current Minister, Deputy Fitzgerald, rejected it. Lo and behold, only ten days ago the Minister, the Department and the Government announced a public consultation. It is a complete whitewash and a sham, an effort to get them past the election. All they had to consult were the homes, the families, communities, the Georgian Society, the ESB, Irish Rail, the Irish Aviation Authority, IAA, the Irish Farmers Association, IFA, and the Irish Creamery Milk Suppliers Association, ICMSA. All these groups and families have been devastated by brutal attacks on their property and, above all, on their homes. One's home is one's castle. Very valuable artefacts have been taken. In Portlaoise, a monument erected on a motorway to 23 or 24 dead young people, was unceremoniously cut down and taken away. Hospitals have been attacked. Precious gold and items with sentimental value, passed down through generations, have been taken from people's homes. Some of those items can be put in an envelope and sold to a cash-for-gold outlet and the money is returned in the post. I ask the Minister of State at the Department of Health, Deputy Kathleen Lynch, who is standing in for the Minister for Justice and Equality, to consider this and act. The Garda Síochána supports it but needs the tools of the trade to tackle these roving criminals and monstrous people who do awful damage to protected and listed buildings but, above all, to people’s homes and person.

My short scrap and precious metal Bill had four aims, including that precious metals and all transactions be recorded and that there be a waiting period for anybody who received an item or sold it on. Whether it is scrap metal or rings, jewellery or watches of sentimental value, the receiver should hold the item for 30 days in order that the seller or owner, and the Garda, would have a chance to identify it, if it was traced. This would ensure items were not melted down the morning after. The third aim of my Bill was that the Garda should have access to all the files and the books. The Revenue Commissioners have access to all businesses. I am a businessman. The Health and Safety Authority has access. Why can this matter not be regulated?

The final aim was to set penalties for the precious metal dealers. The penalties were pretty saucy but they were needed so that, for example, I could not sell to the Minister of State, or vice versa, or to anybody else, without having a personal public service, PPS, number, and the value added tax, VAT, number of the trader. All businesses, from farmers to hairdressers, must comply with regulations and have their books ready for audit. This is a rogue’s industry. It is a paradise for them. The Government is either unable or unwilling to deal with this issue. I do not know why. It is visiting trauma on families and communities as precious artefacts are exported and melted down. When I introduced my Bill, some speakers said that gates at level crossings in Dublin had been taken down. The signals were taken down at Limerick Junction. There could be a head-on crash. Aviation equipment that sends signals to aeroplanes trying to land at and take off from Dublin Airport and other places has been taken.

It is a nightmare. There is a desperate accident waiting to happen, quite apart from the trauma visited on ordinary people, their property and personages. The Minister will go down in history for neglecting to deal with this severe crisis. She need only take the simple legislation that is before her, amend it, bring it to committee and debate it. I am not saying my Bill is perfect but it is something. Action is needed here, not more consultation.

Kathleen Lynch (Cork North Central, Labour)
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On behalf of the Minister for Justice and Equality, I thank the Deputy for raising this matter. The Minister regrets that she is unable to be present due to other business. I assure the Deputy that the Minister is very conscious of the concerns that exist in respect of the theft of scrap and precious metals and that her Department continues to work closely with An Garda Síochána and other relevant stakeholders to ensure that an effective, whole of system response is in place. Measures in respect of the sale of scrap metal were taken by the Department of the Environment, Community and Local Government in 2014, which were designed to address this matter by improving the traceability of scrap metal. These regulations include requirements to obtain proof of identity of sellers and the keeping of records concerning the material sold. The Minister is well aware of the similar concerns that have been expressed about the theft of precious metals and stones and, particularly, in relation to the potential use of cash for gold outlets to sell stolen goods.

For that reason the Minister has recently commenced a process of public consultation on what measures may be taken in this regard. Among the potential measures on which views are being sought are the registration of such businesses, their monitoring by compliance officers, powers for An Garda Síochána in respect of such businesses and the introduction of penalties for non-compliance with any regulations put in place. An important element of this process of consultation is to ascertain the views of the many legitimate businesses that might be affected by any measures. The consultation process is open until 30 October. Once the process has concluded, the Minister will, taking into account any views expressed, determine the most appropriate approach to tackle this issue.

Other ongoing practical steps also being taken by the authorities include the establishment by An Garda Síochána of a metal theft forum involving stakeholders particularly affected by this type of crime, including the Irish Farmers' Association, IFA, the Irish Creamery Milk Suppliers Association, ICMSA, the Electricity Supply Board, ESB, telecommunications and transport companies, brewing concerns and the Department of the Environment, Community and Local Government. A metal theft crime prevention and reduction plan was published in February 2013 which was developed in close co-operation with these stakeholders. It provides for an effective multi-agency response to the problem and An Garda Síochána is implementing a range of measures arising from the plan.

The Garda has also mounted successful operations which have led to charges being brought against a number of persons involved in the theft of electricity cables in this country who appear to be connected to an international organised criminal group. An awareness campaign to help address this form of criminality has been launched through Crimestoppers in partnership with An Garda Síochána and ESB Networks. Rural dwellers are asked to notify the Garda of any suspicious activity they observe and may use the Crimestoppers confidential number 1800 25 00 25 to make reports if they wish.

Mattie McGrath (Tipperary South, Independent)
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Again, I am disappointed the Minister of State has come here to read out the same standard reply, although I have nothing personal against her. We need action. We have had all the consultations and reports. The Garda needs support and the legislative framework whereby it can try these people. The Minister of State referred to ESB lines being taken. This beggars belief. This has happened in my neighbourhood and it is costing the ESB a fortune. However, who is paying the price? It is the people who are paying the ESB, Joe tax man and Mrs. tax woman.

We must have action. We do not have time for another consultation. The IFA and the ICMSA have contributed passionately on this. People ring the gardaí, but they are frightened in their beds at 3 a.m. or 4 a.m. when criminals, who appear to be an ESB crew, arrive at their home with all types of equipment to cut down ESB lines. They have the knowledge so they obviously have prior experience to know what lines to touch. Otherwise they would fry and there would be multiple casualties. They are coming in from eastern Europe, as the Minister of State said, because we are ripe and ready to be picked and plucked, like apples hanging from a tree.

The reason is that we have an inept Government which has refused to deal with this issue. The Government was elected by the people and Bills are regularly presented to it by Opposition Deputies. I have done so twice, including an amended Bill with eight amendments, but the Government refused point blank to accept it. What is wrong that it will not accept or implement legislation to protect our people? It passes Bill after Bill to persecute people, ranging from taxes to Irish Water, but when we need a small amount of legislation to protect people in their homes, it refuses to entertain it. The Government is gobbled up in bureaucracy, red tape, reports, commissions and public consultation. All are sham and token.

I do not know the reason that the Government will not recognise this issue and not give the power and tools to the Garda Síochána and other agencies to deal with this perilous situation. People are frightened in their homes and have their cemetery crosses cut down. It affects the Irish Georgian Society and other groups across the country. The consultation is over and done. We need action, not another public consultation. The Minister has given no date for when it will report on what action will be taken. The Government will be long gone out of office - I do not know if the Minister of State is standing for election - and there will still be no legislation. It is not right or just.

Kathleen Lynch (Cork North Central, Labour)
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The Minister acknowledges that the Deputy has previously brought forward legislative proposals in this regard. While they contained many elements that may be of merit for these purposes, there were both legal and practical difficulties with them. As I have outlined, important measures regarding the scrap metal trade have already been taken and the consultation process on potential measures that could be taken in respect of the trade in precious metals and stones will conclude at the end of October. Once that process is completed the Minister will consider the most appropriate way forward for addressing this problem.

The Department, of course, will continue to work closely with An Garda Síochána and other relevant agencies to ensure that a comprehensive approach is taken to dealing with this important issue. The Garda has taken a number of important and successful measures in this regard already, and it will continue to do so.