Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 109: To ask the Minister for Finance if his attention has been drawn to the fact that many street markets operating around the country are illegally selling tobacco and other products; the steps he will take to ensure that illegal traders at street market level are adequately penalised for breaking the law; and if he will make a statement on the matter. [30619/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax and tackling the illicit trade in cigarettes and tobacco products, that procedures are in place to confront the problem of illegal selling of tobacco products in street markets. There is close co-operation with An Garda Síochána and multi-agency operations are mounted where appropriate to detect the distribution and sale of illicit tobacco products. In December 2007, the Revenue Commissioners commenced an operation codenamed "Operation Downstream" which specifically targets the sale of illegal tobacco products at "inland" locations. As part of this operation, Revenue enforcement officers regularly conduct checks at street markets. The number of detections of illegal cigarettes made at inland locations under Operation Downstream is as follows:

In 2009, 165 convictions were obtained for smuggling and selling untaxed cigarettes, of which 146 related to cigarette smuggling and 19 related to the sale of untaxed cigarettes. With regard to legislation, the penalties for tobacco offences were significantly increased in the Finance Act 2010. The penalties on summary conviction for evasion of duties remain at €5,000 and/or a term of imprisonment not exceeding twelve months, while the penalties for conviction on indictment were increased from €12,695 to €126,950 or up to three times the duty paid value of the goods, whichever is the greater, and/or a term of imprisonment not exceeding five years.