Michael Healy-Rae (Kerry South, Independent)
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Question 437: To ask the Minister for Justice and Equality his views on the penalty for cigarette smuggling (details supplied); and if he will make a statement on the matter. [31532/11]

Alan Shatter (Dublin South, Fine Gael)
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The penalties for offences relating to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco are provided for in the Finance Acts. The Finance Acts are, are course, a matter for the Minister for Finance.

With regard to the particular 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.

The question of whether there should be further amendments to the penalty provisions applying to these offences is a matter for my colleague Mr. Michael Noonan TD, Minister for Finance.