Written answers

Tuesday, 16 December 2014

Department of Justice and Equality

Criminal Prosecutions Data

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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355. To ask the Minister for Justice and Equality the average level of sentencing for crimes associated with illegal and counterfeit tobacco products; and if she will make a statement on the matter. [47772/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Law enforcement in relation to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco products within the State is primarily a matter for the Revenue Commissioners. Penalties for these offences are set out in the Finance Acts and are a matter for the Minister for Finance. In targeting the illicit tobacco trade there is close cooperation between the Customs Service of the Revenue Commissioners and An Garda Síochána. Searches are regularly undertaken by An Garda Síochána as part of intelligence-led operations led by Revenue. An Garda Síochána also continues, on a district and divisional level, to target those involved in the sale and distribution of illegal products, at markets and via door-to-door sales.

With regard to the particular penalties imposed by the Courts in dealing with this offence type, the position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. It is a matter for the court having considered all the circumstances of the case to impose an appropriate penalty. However, in order to be of assistance to the Deputy, I have made enquiries and the Courts Service has provided the information set out in the table below in respect of the average sentences for crimes associated with illegal and counterfeit tobacco products in the period from 2012 to October 2014.

YearAverage FineAverage Sentence
2012€2,648.154 months
2013€2,517.294.6 months
2014 (Jan to Oct)€2,717.363 months


Note: In relation to the above statistics, the Courts Service has indicated that in circumstances where a prosecution associated with illegal and counterfeit tobacco products may have been brought before the courts but offence codes may not have been supplied, such offences are not included in the calculation of the averages in the table. In addition, due to the manner in which the offences are recorded, some of the offences relate to evasion of excisable duty generally which might also include offences for products other than tobacco.

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