Kevin Humphreys (Dublin South East, Labour)
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Question 375: To ask the Minister for Justice and Equality his views on the low average fine given for cigarette smuggling in the second quarter 2011 of €1468 despite the maximum fine allowed being €126,000; his further views that more can be done to prevent and punish tobacco smuggling and amending the Casual Trading Act to tighten regulations; and if he will make a statement on the matter. [28687/11]

Alan Shatter (Dublin South, Fine Gael)
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Law enforcement in relation to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco products within the State is primarily a matter for the Revenue Commissioners. I am advised by the Revenue Commissioners that, to date in 2011, 35 convictions for illegal selling of unstamped tobacco products have been secured under the Finance Acts with total fines of €76,350 and 6 custodial sentences (of which 5 were suspended) imposed. In addition, a further 77 prosecutions for cigarette smuggling have also been secured this year to date with total fines of €98,050 and 26 custodial sentences (of which 19 were suspended) imposed.

The Revenue Commissioners are fully supported in this area of work by An Garda Síochána. In targeting the illicit tobacco trade there is close cooperation between the Customs Service of the Revenue Commissioners and An Garda Síochána. Searches are regularly undertaken by An Garda as part of intelligence-led operations led by Revenue. An Garda Síochána also continue, on a district and divisional level, to target those involved in the sale and distribution of illegal products, at markets and via door-to-door sales.

With regard to the level of penalties imposed by the Courts in dealing with this offence type, the position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. It is a matter for the court having considered all the circumstances of the case to impose an appropriate penalty.

With regard to additional proposals targeting this activity, as my colleague Mr. Brian Hayes TD, Minister of State at the Department of Public Expenditure and Reform, recently indicated to the House additional measures to combat cigarette smuggling will be considered further in the context of the 2012 Finance Bill. The question of whether there are proposals to further amend the Casual Trading legislation, is a matter for my colleague Mr. Richard Bruton TD, Minister for Jobs, Enterprise and Innovation.