Tommy Broughan (Dublin North East, Independent)
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Question 173: To ask the Minister for Justice and Law Reform if his attention has been drawn to the concerns that have been raised at recent community meetings at the proliferation of gold shops and gold trader operations across the Dublin region; if there is any licensing procedure in place for the establishment and operation of gold shops, on-street or door-to-door gold trading operations; if there is no licensing procedure in place if he will introduce legislation to facilitate a licensing system for this trade; if there is an invigilation procedure in place for the items of jewellery and other gold products that are received by these businesses as it has been alleged that the proceeds of house break-ins are perhaps turning up in this trade; the procedures in place to compel the owners and vendors of gold operations to clarify that all their items have been legally acquired; if he will organise spot checks to be carried out by An Garda Síochána on gold trading operations in relation to jewellery and other gold items that have allegedly been stolen in house burglaries and notified to An Garda Síochána by householders; and if he will make a statement on the matter. [40506/10]

Dermot Ahern (Louth, Fianna Fail)
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As I have previously advised the House, neither my Department nor An Garda Síochána have any function in relation to the regulation of legal transactions in jewellery and gold. With regard to the general regulation of business, registered companies are governed by the Companies Acts 1963 to 2009 and related EU legislation which is enforced primarily by the Director of Corporate Compliance.

Insofar as the issue relates to possible criminality associated with the 'cash-for-gold' industry, An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery, including the theft and robbery of jewellery and gold. I am informed that provisional indications are that burglaries involving jewellery are running at levels similar to last year. Garda management is aware that a number of outlets have been established in various areas that are buying gold for cash. A number of established jewellers are also buying gold and jewellery for cash.

While the informal purchase of jewellery and precious items is not specifically regulated in criminal legislation, the circumstances under which they are bought or sold may indicate the commission of certain offences. For example the handling of stolen property and or the possession of stolen property, which are offences under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 respectively, may be indicated through the specific circumstances under which transactions are effected. If members of the public have suspicions that goods being sold or traded may have been stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation.