Written answers

Wednesday, 10 December 2014

Department of Justice and Equality

Crime Prevention

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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115. To ask the Minister for Justice and Equality the steps being taken to deal with the issue of petrol stretching; if any convictions have yet been secured against those involved in the practice; the potential penalties that apply on conviction; and if she will make a statement on the matter. [47475/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware that an increasing number of complaints of petrol stretching have been reported to Revenue's Customs Service and An Garda Síochána during 2014. This is a matter of serious concern as petrol stretching, like all forms of fuel fraud, results in losses to the Exchequer, threatens legitimate businesses and potentially can cause significant damage to the vehicles of unsuspecting purchasers of adulterated fuel.

Petrol stretching is an offence under section 102 of the Finance Act ,1999 and carries a penalty on summary conviction of €5,000 or, at the discretion of the court, imprisonment for a term not exceeding 12 months, or both. If it is an indictable conviction, the fine is up to a maximum of €126,970 and the prison term is up to a maximum of five years, or both.

It is Revenue's Customs Service which takes the enforcement lead nationally in relation to this issue and the Service is supported in this role by An Garda Síochána as required. In this regard I have been informed by the Revenue Commissioners and An Garda Síochána that all reports of petrol stretching are followed up as a matter of course and samples of fuel are sent to the State Laboratory for scientific analysis where there is reason to suspect excise duty fraud.

In addition to analysing samples referred to it, the State Laboratory is providing technical and scientific support for ongoing investigations in this matter as the analysis of potentially stretched petrol is a complex one which, to date, has involved a significant level of time-consuming, non-routine testing bearing in mind the sufficient level of evidence required in order to pursue prosecutions in this area. I am also advised that the volume of samples sent for analysis has necessitated a reallocation of resources within the State Laboratory.

In this regard the Laboratory has prioritised the testing of all samples submitted in connection with the petrol stretching issue, and all staff who have the necessary experience and expertise in this area are currently being deployed to work on these samples. If the results of the analysis reveals the presence of any illegal stretching agents, I can assure the Deputy that the Revenue Commissioners take action and pursue prosecutions against offenders where feasible.

I am also advised by the Revenue Commissioners that as part of Revenue's normal operating procedures, fuel delivery tankers are regularly checked by Revenue's enforcement officers. No cases of contaminated petrol have been identified arising from such checks which were carried out during the period from June 2014 to mid - November.

With regard to details on the number of convictions secured for petrol stretching offences such information is not readily available to me. However, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency,and the CSO has established a dedicated unit for this purpose. I have, therefore, requested the CSO to provide all available relevant statistics directly to the Deputy.

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