Written answers

Tuesday, 27 May 2008

Department of Finance

Customs and Excise

9:00 pm

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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Question 178: To ask the Minister for Finance the guidelines laid down for the inspection of passengers being searched at ports and airports by customs and excise authorities; and if he will make a statement on the matter. [20921/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that Customs Officers have powers to search persons at ports and airports under the Customs Acts. Officers must, in the first instance, have reason to suspect that a person has concealed on his/her person uncustomed or prohibited goods (including drugs) which have been imported or that the person is attempting to export prohibited goods. The authorisation of a senior officer must be obtained before a person is searched. This officer reviews the case to ensure there is a valid reason for the search and that such action is proportionate in the circumstances of the case before the search is allowed to proceed. The officer(s) conducting a search must be of the same sex as the person to be searched. Search rooms are provided for this purpose in all the larger ports and airports. Officers are trained in search of person as part of their enforcement training programme.

Customs also have powers under proceeds of crime legislation to search persons if they suspect an attempt is being made to import or export cash which is not less than the prescribed amount (currently €6,350) and that the cash directly or indirectly represents the proceeds of crime or is intended by the person for use in connection with any criminal conduct.

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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Question 179: To ask the Minister for Finance the number of inspections of occupants of private aircraft which were carried out by customs and excise authorities at Carrickfin, Sligo, Ireland West and Galway airports in the years 2004, 2005, 2006 and 2007; and if he will make a statement on the matter. [20922/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Revenue Commissioners that during the years in question a total of 191 inspections of the occupants of private aircraft were carried out at the airports concerned as follows:

Year2004200520062007
Number of Inspections35404373

I am further advised by the Revenue Commissioners that Customs controls at the airports listed are risk based and are carried out by mobile Special Compliance/Enforcement staff. A drugs detector dog is used frequently and attendance by staff is selective and targeted and is based on analysis and evaluation of general seizure trends, traffic frequency, route and similar risk indicators. These attendances are kept under constant review in particular to take account of emerging smuggling trends and any traffic increase at the airports.

It is important to note by way of context that the operating environment for Customs has been shaped to significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the European Union. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU and the elimination of Customs controls on the baggage of intra-Community passengers other than anti-smuggling checks. This is particularly relevant in the case of aerodromes listed where passenger traffic is predominantly intra-Community. In this context, Revenue's approach has of necessity been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling and enforce prohibitions and restrictions.

The Revenue Commissioners assure me that having regard to the context set out above, they are satisfied that their risk based approach, which is in line with the methodology adopted by other EU administrations in similar circumstances, remains valid. I am also assured that the Revenue Commissioners will continue their strong commitment to playing their part in combating smuggling criminal activity without unduly impeding international travellers or international trade.

I am advised that a risk rating for these airports was carried out at the beginning of this year and is due to be reviewed by 30 June 2008. Any enforcement issues arising from this review will be dealt with.

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