Written answers
Thursday, 17 April 2008
Department of Justice, Equality and Law Reform
Criminal Offences
5:00 pm
Emmet Stagg (Kildare North, Labour)
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Question 561: To ask the Minister for Justice, Equality and Law Reform the reason the Garda does not prosecute offenders who continue to develop under an Act (details supplied); if they are precluded from doing so; if so, the action he will take to rectify the situation; and if he will make a statement on the matter. [14027/08]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Act referred to by the Deputy creates a number of criminal offences which are punishable by fine and or imprisonment. The penalties for these offences are set out in section 156 of the Act. I am informed that while members of An Garda Síochána have a common law duty to enforce the law, they have no expressed powers under the Act in question. Section 157 of the Act expressly bestows the power to prosecute offences under the Act on the Planning Authority.
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