Billy Timmins (Wicklow, Fine Gael)
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Question 305: To ask the Minister for Justice and Law Reform the position regarding cash for gold operations (details supplied); and if he will make a statement on the matter. [3708/11]

Brendan Smith (Cavan-Monaghan, 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 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 and/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.

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. To take account of concerns about the matter, my Department recently 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 inform the Deputy that my Department has now received the Commissioner's report and is in contact with him in the matter. The Commissioner has indicated that there has been an overall decrease both in the number of burglaries recorded in the years 2005 to 2010 and in the number of burglaries recorded involving jewellery/trophies and antique gold in the same period. He is also of the view that the relevant provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 are adequate. I might also add that the Commissioner has indicated that a significant number of the premises in question have been visited by Gardaí and the responsibilities of the owners in respect of purchases of the relevant items under the criminal law have been brought to their attention.

I can assure the Deputy that as soon as the Commissioner's report has been given full consideration by my Department, I will make an assessment as to what if any action, legislative or otherwise may be required.