Written answers

Tuesday, 16 April 2013

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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To ask the Minister for Finance the number of compromise fines that were paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil in advance of any prosecution proceedings issuing for each year from 2009 to date; and if he will make a statement on the matter. [16805/13]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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To ask the Minister for Finance the number of detections of the illegal use of marked mineral oil that were made each year from 2009 to date; and if he will make a statement on the matter. [16806/13]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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To ask the Minister for Finance the amount of compromise fines paid to the Revenue Commissioners arising out of detections of the illegal use of marked mineral oil per year from 2009 to date in 2013; and if he will make a statement on the matter. [16807/13]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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To ask the Minister for Finance the number of prosecutions that were pursued by the Revenue Commissioners for the illegal use of marked mineral oil; the number of convictions that were achieved arising therefrom and the amount of fines imposed for each county for each year from 2009 to date; and if he will make a statement on the matter. [16815/13]

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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To ask the Minister for Finance the number of fines that were paid and the total amount collected arising out of convictions for the illegal use of marked mineral oil by the Revenue Commissioners for each year from 2009 to date; and if he will make a statement on the matter. [16816/13]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 288 to 292, inclusive, together.

It is an offence, under section 102 (as amended) of the Finance Act 1999, to use marked mineral oil as a propellant for a motor vehicle, or to keep it in the fuel tank of a vehicle. A person guilty of this offence is liable on summary conviction to a fine of €5,000. A trial judge may, in his or her discretion, mitigate this fine, provided that the amount so mitigated is not greater than 50 per cent of the amount of the fine.

I am advised by the Revenue Commissioners that, where marked mineral oil is detected in the fuel tank of a motor vehicle, the action that they take depends on the specific circumstances of the particular case. In the case of a first detection of marked mineral oil in the fuel tank of a private vehicle, or in certain other cases, they may offer the person concerned an opportunity to resolve the matter by way of payment of a compromise penalty, in lieu of prosecution. In cases where marked mineral oil is found in the fuel tank of a commercial vehicle, the normal course would be to proceed by way of the institution of a prosecution under section 102 of the 1999 Act. In certain cases, the vehicle in which the marked mineral oil is detected is seized by the Revenue Commissioners.

Details of the numbers of detections of marked mineral oil made by the Revenue Commissioners in each of the years from 2009 to 2012, and to 9 April this year, are set out in the following table, along with the numbers of compromise penalty payments in lieu of prosecution received in each of those time periods and the total amounts paid in compromise penalties. The table indicates also the number of cases in which a prosecution was taken, the number of convictions during each period and the total amounts of fines imposed on conviction. Details are given also of the numbers of vehicles seized by the Revenue Commissioners.

Table

Illegal Use of Marked Mineral Oil

2009
2010
2011
2012
2013 (to 9.04)
Detections
859
1,239
1,160
1,168
336
Compromise penalties
437
645
606
624
117
Amount of compromise penalties
€516,645
€757,850
€656,410
€700,355
€147,555
Number of prosecutions
275
319
328
327
83
Number of convictions
183
232
225
211
38
Fines imposed on conviction
€427,450
€688,650
€643,450
€585,250
€110,250
Number of vehicles seized
112
172
162
120
35

The following table breaks down, by reference to the county in which the convicting Court was sitting, the numbers of convictions and the amounts of fines imposed.

Table

Breakdown by county of location of sentencing Court of convictions and fines

2009
2010
2011
2012
2013 (to 9.04)
Carlow
-
-
-
-
1/€2,500
Cork
24/€58,500
7/€20,500
4/€10,000
15/€41,000
5/€12,750
Donegal
1/€2,500
4/€12,500
14/€35,500
18/€49,500
4/€10,000
Dublin
51/€98,000
71/€218,300
48/€157,050
24/€65,500
2/€5,500
Galway
7/€17,500
10/€27,000
28/€70,000
20/€59,750
5/€15,000
Kildare
-
-
3/€7,500
3/€10,000
2/€12,500
Limerick
35/€80,500
49/€153,500
33/€90,900
39/€105,000
4/€10,500
Louth
13/€33,000
15/€43,000
15/€44,000
9/€23,000
2/€5,000
Mayo
2/€4,500
6/€18,500
6/€16,000
10/€28,500
3/€7,500
Meath
-
-
-
3/€7,500
1/€2,500
Monaghan
16/€43,000
17/€45,000
16/€53,500
15/€43,000
-
Offaly
10/€28,950
28/€80,250
20/€56,000
16/€47,000
-
Sligo
10/€24,500
11/€31,000
14/€35,500
16/€44,000
2/€5,000
Wateford
13/€34,000
12/€33,600
17/€48,500
15/€39,000
5/€16,500
Wexford
1/€2,500
2/€5,500
6/€16,500
5/€12,500
1/€2,500
Wicklow
-
-
1/€2,500
3/€10,000
1/€2,500

I am advised by the Revenue Commissioners that, as they are not responsible for the collection of fines imposed by the Courts, they do not have information on the payment of fines.

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