Pat Breen (Clare, Fine Gael)
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Question 368: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 380 of 2 March 2004, if the theft of an incorporeal hereditament was an offence prior to the enactment of the Criminal Justice (Theft and Fraud Offences) Act 2001; if so, under which Act such an offence arose; and if he will make a statement on the matter. [36710/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The principal legislation in Ireland dealing with theft, prior to the enactment of the Criminal Justice (Theft and Fraud Offences) Act 2001, was the Larceny Act 1916. On the specific point raised by the Deputy, it is outside the scope of my functions to provide legal advice and I could not, with propriety, do so.