Written answers

Thursday, 13 November 2014

Department of Justice and Equality

Criminal Law

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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141. To ask the Minister for Justice and Equality her plans to make it an offence to sell spray paints to under 18's; and if she will make a statement on the matter. [43719/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I can inform the Deputy that I have no responsibility to the House with regard to legislation or regulations for the sale of products of this nature. However, I can advise the Deputy that where such products are used by a person for graffiti it may be regarded as criminal damage on their part and is dealt with by An Garda Síochána under the provisions of the Criminal Damage Act 1991. A person found guilty under the Act may be liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 12 months or both. The Deputy will also appreciate that when a young person under the age of 18 comes to the attention of An Garda Síochána because of criminal activity, including in these circumstances, they may be dealt with under the Garda Diversion Programme.

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