Written answers

Tuesday, 7 October 2014

Department of Finance

Customs and Excise Protocols

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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154. To ask the Minister for Finance if his attention has been drawn to the fact that Customs and Excise staff are damaging people's' cars that have anti-stifling devices when they dip for diesel; if the Revenue Commissioners will indemnify car owners whose cars are damaged by this practice; if he has plans to instruct manufacturers to insert a connection point in engines to enable customs take a sample; and if he will make a statement on the matter. [37803/14]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The use of marked diesel in a motor vehicle is an offence under section 102(1) (b) of the Finance Act 1999 and a person convicted of that offence is liable to a fine of €5,000.

I am advised by the Revenue Commissioners, who are responsible for tackling fuel fraud, that checking the fuel in vehicles is an important means of acting against this offence, and that this requires the taking of a sample of fuel for analysis.

I understand also that  Revenue staff make every effort to ensure that the taking of a fuel sample is conducted in a way that avoids any damage to the motor vehicle concerned, and that there have been only a small number of instances in which complaints have been made to Revenue that  damage was caused by sample-taking. In the event that it was established that damage occurred because of sample-taking, it would be open to the owner of the vehicle concerned to make a claim for compensation.

Revenue is aware that changes to motor vehicles may require the adoption, for some vehicles, of modified means of sample-taking, and will make every effort to ensure that it can be carried out as safely and as effectively as possible in all cases. However, requiring the installation of a connection point in engines is not considered to be feasible.

I would point out also that a range of other actions are being taken against the use of marked diesel in motor vehicles, by strengthening the control and supervision of the fuel supply chain. Measures that have been put in place include additional obligations in respect of the holding and movement of fuel, and a requirement for dealers in marked fuel to have a licence to engage in that business. In addition, all fuel traders are required to make electronic monthly returns of their transactions to Revenue. These measures will restrict the availability of marked fuel for use in motor vehicles.

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