Joe Carey (Clare, Fine Gael)
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Question 61: To ask the Minister for Finance his plans, to review the penalties associated with the smuggling of cigarettes and goods associated with excise duty with a view to creating more of a deterrent to those profiting from this exercise. [40408/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Revenue Commissioners that the penalties for smuggling cigarettes and tobacco products into Ireland are as follows: On summary conviction, the penalty is a fine of €5,000 and/or a term of imprisonment not exceeding 12 months. The trial judge may mitigate the monetary fine by up to 50%. On conviction on indictment, the penalty is a fine of three (3) times the value of the cigarettes inclusive of all taxes and duties, or €12,695, whichever is the greater; and/or a term of imprisonment not exceeding 5 years. The trial judge may mitigate the monetary fine by up to 50%.

In the case of offering for sale/keeping for sale or delivering packs of cigarettes which do not have the requisite tobacco tax stamp affixed thereto, the penalties are as follows: On summary conviction, the penalty is a fine of €5,000 and/or a term of imprisonment not exceeding 12 months. The trial judge may mitigate the monetary fine by up to 50%. On conviction on indictment, the penalty is a fine not exceeding €12,695 and/or a term of imprisonment not exceeding 5 years. The trial judge may mitigate the monetary fine by up to 50%.

In addition to the above, the cigarettes or tobacco products, along with the carrying conveyance concerned, are liable to forfeiture.

Of course, as the Deputy is aware, the precise penalty imposed on conviction in each individual case is a matter for the Court.