Noel Ahern (Dublin North West, Fianna Fail)
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Question 114: To ask the Minister for Justice and Law Reform his views on the recent proliferation of cash for gold shops; if persons selling gold to these shops need to provide personal identification or receipts for the item they are selling, and if these shops are required to keep records of same; if the proprietors of these outlets require any kind of licence or permit to operate; his plans to introduce legislation regulating the operation of these outlets; if he has ever received complaints about these outlets and if investigations have been carried out on the basis of same; if planning approval or change of use permission is required for such premises; if the Garda Síochána has expressed concern regarding these shops; and if a link between house break-ins and these shops is suspected or proven. [43440/10]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy will be aware that there has been a significant increase in the number of outlets offering to buy gold for cash in towns and cities in the State. I understand that some established jewellers also offer to buy gold and jewellery for cash. The prevalence of this trade would appear to be linked to the high price that gold now commands on international markets, and the 'cash for gold' concept would appear to be an international phenomenon. I am aware that the trade gives rise to concerns reported in communities about crime that may be linked to the cash for gold trade.

The informal purchase of jewellery is not specifically regulated in criminal legislation; however, the circumstances under which jewellery is being bought or sold may indicate the commission of certain offences, for example handling stolen property and/or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001.

Section 17 of the Act in essence provides that a person is guilty of handling stolen property if he or she, knowing that the property was stolen or being reckless as to whether it was stolen, dishonestly receives or arranges to receive it, or undertakes, or assists in, its retention, removal, disposal or realisation by or for the benefit of another person, or arranges to do so. A person guilty of handling stolen property is liable on conviction on indictment to a fine or imprisonment for a term not exceeding ten years or both.

Section 18 of the Act in essence provides that a person who, without lawful authority or excuse, possesses stolen property knowing that the property was stolen or being reckless as to whether it was stolen, is guilty of an offence. A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding five years or both.

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. Should members of the public have suspicions that goods being sold or traded may be stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation. I have received a small amount of correspondence in the matter.

To take account of concerns about the matter, my Department has formally asked the Commissioner of An Garda Síochána to ascertain his view as to the extent, if any, that criminal offences are being committed in the procurement and receipt of gold and similar items in transactions carried out at the cash for gold locations. In particular the Commissioner has been requested to examine whether the trade may be linked generally or in particular areas to burglary offences; whether Criminal Justice legislation, and in particular, the Criminal Justice (Theft and Fraud Offences) Act 2001 is adequate in the context of cash for gold transactions; whether criminal elements involved in organised crime or otherwise may be connected with the operation and ownership of the cash for gold outlets; and whether any new legislative provision may be required to address criminality in respect of cash for gold transactions.

I can assure the Deputy that as soon as the outcome of this examination of the matter is to hand, I will make an assessment as to what if any action, legislative or otherwise may be required.

The issue of any requirement for planning approval, or change of use permission for such premises is a matter for my colleague the Minister for the Environment, Heritage and Local Government.