Written answers

Wednesday, 30 April 2014

Department of Justice and Equality

Courts Service

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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591. To ask the Minister for Justice and Equality with regard to the collection of fines by the Courts Service of Ireland for 2011, 2012 and 2013, the number of fines that were collected as issued to importers of illicit tobacco products and sellers of illicit tobacco products in each of the years; the total value in monetary value of such fines that were paid in each of the years; the amount in monetary value of outstanding fines for each of the years; if he is satisfied with the level of compliance with such fines; and if he will make a statement on the matter. [19434/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the tables below provide details of the number & value of fines that were collected and number and value of fines that are outstanding for 2011, 2012 & 2013. It should be noted by the Deputy that the prosecutor in these cases was the Revenue Commissioners and the data provided is the only reportable information available on the Courts Service Criminal Case Tracking System (CCTS) in relation to offences related to the importation of illicit tobacco products and the sale of such products.

As the Deputy will be aware since my appointment I initiated the Fines (Payment and Recovery) Act 2014 was signed by the President on 16 April 2014. The aim of the legislation is to improve the rate of fine default and reduce to the greatest extent possible the use of imprisonment as a sanction for fine default. It provides that the Court imposing a fine shall take into account a person's financial circumstances. The instalment provisions in the 2010 Act will be brought into operation andmade available to all fine payers rather than limiting them to those who could convince the Court that they should be allowed to pay by instalments. The appointment of a receiver to recover an unpaid fine will be an option available to the Court rather than being automatic as is currently the case. It further provides that where a person fails to pay a fine by the due date the Court may make an attachment order to earnings as a means of recovering an unpaid fine. Community service continues to be an option as an alternative to prison where a recovery order or an attachment order has been imposed but where the fine or a portion of the fine remains outstanding.

2011

OffenceNo. of Fines PaidValue of Fines PaidNo. of Fines DueValue of Fines Due
Tobacco Products - Did offer for sale without Tax Stamps4€11,000.005€13,000.00
Tobacco Products kept for sale without Tax Stamps21€56,400.0000
Attempted evasion of duty on excisable goods 7€11,500.006€13,300.00
Dealt with excisable products with intent to defraud State of duty1€2,500.001€3,500.00
Evasion of duty on excisable goods45€73,850.0010€22,250.00
Total78€155,250.0022€52,050.00

2012

OffenceNo. of Fines PaidValue of Fines PaidNo. of Fines DueValue of Fines Due
Delivery of Tobacco Products without stamps1€3,500.0000
Tobacco Products - Did offer for sale without Tax Stamps1€2,500.0000
Tobacco Products kept for sale without Tax Stamps27€73,250.0011€32,600.00
Attempted evasion of duty on excisable goods6€12,000.004€12,350.00
Dealt with excisable products with intent to defraud State of duty3€7,500.002€5,000.00
Evasion of Custom Duty1€1,000.0000
Evasion of Duty on Excisable Goods9€20,800.005€14,500.00
Total48€120,550.0022€64,450.00

2013

OffenceNo. of Fines PaidValue of Fines PaidNo. of Fines DueValue of Fines Due
Customs - make and subscribe a false declaration relating to customs2€1,260.0000
Tobacco Products - Did offer for sale without Tax Stamps1€2,500.001€3,000.00
Tobacco Products kept for sale without Tax Stamps9€23,000.0017€44,000.00
Attempted evasion of duty on excisable goods1€2,500.002€5,000.00
Dealt with excisable products with intent to defraud State of duty004€10,000.00
Evasion of Custom Duty2€5,000.000 0
Evasion of Duty on Excisable Goods9€21,950.0011€28,500.00
Total24€56,210.0035€90,500.00

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