Leo Varadkar (Dublin West, Fine Gael)
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Question 494: To ask the Minister for Justice, Equality and Law Reform if there still exists an offence called fraudulent conversion under the Larceny Act 1916; if it would apply to a person who, as a member of a club or society having had funds entrusted to them for the club or society, converted it to their own use; and if he will make a statement on the matter. [10523/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Larceny Act 1916, and the Larceny Act 1990 were repealed in full by the Criminal Justice (Theft and Fraud Offences) Act 2001. The offence consisting of fraudulent conversion formerly contained in the 1916 Act was replaced in Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001, by the offence of theft and related offences.

Part 2 of the Act of 2001, section 2, provides that a person will be guilty of an offence of theft where he or she dishonestly (ie without the claim of right in good faith) appropriates property, meaning money and all other property, real or personal, with the intention of depriving the owner of it. Subsection (2) of that section states that no appropriation without consent occurs where the person believes he or she had consent or where he or she believes the true owner could not be discovered. Subsection (3) applies to situations where property is held on trust for and on behalf of more than one person by another person acting in the course of business and where some of the property is appropriated for the latter's benefit without the consent of the owner or owners. The Deputy will appreciate that it is inappropriate for the Minister for Justice Equality and Law Reform to provide legal advice in relation to the application of the law in particular circumstances.