Check Against Delivery

Opening Remarks by Minister of State Seán Sherlock, TD for Alan Shatter TD, Minister for Justice, Equality and Defence

 Deputy Regina Doherty

Could consideration be given to requiring 'Cash for Gold' outlets to specify that customers bringing in second hand gold items for trade-in purposes be requested to provide evidence of photo ID and other forms of ownership. This is in particular reference to the plethora of domestic burglaries which appear to be targeting gold jewellery.

The need for Cash for Gold outlets to specify that customers bringing in second hand gold items be requested to provide evidence of photo ID and other forms of ownership. 

 

 I wish to thank the Deputy for raising this important matter. I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present today as he is attending the informal Meeting of Defence Minister's in Dublin Castle.

I can inform the Deputy that on 19 June 2012, the Minister published a report on the criminal justice aspects of the cash for gold trade which was prepared by his Department. The Minister has formally requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. The Minister understands that the Committee has sought views from stakeholders and he is presently awaiting receipt of the Committee's report following the Committee concluding its deliberations.

In publishing that Report, the Minister noted the concerns that members of the public had expressed about the proliferation of 'cash for gold' outlets throughout the State.

The informal purchase of jewellery is not specifically regulated in criminal legislation. However the circumstances under which jewellery is being bought and/or sold may indicate the commission of certain offences, for example handling stolen property and / or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. The Report indicated that these provisions were adequate to deal with any such offences that may be committed in the 'cash for gold' situation.

The Report also highlighted the actions undertaken by An Garda Síochána which have been taken in consultation with the Minister's Department. All Cash for Gold premises in the State were visited by An Garda Síochána and the operators were made aware of their responsibilities and obligations under the law with regard to purchasing gold and other items of jewellery. Garda contact information provided to operators will facilitate the reporting to the Garda Síochána of any suspicious activity. The Minister, in publishing the Report congratulated the Commissioner of An Garda Síochána for his prompt and pro-active response to this matter.

The Minister has stated that it is arguably inconsistent that there are specific rules and regulations that apply to pawnbrokers for the protection of the public and to assist the Gardaí and that similar appropriate and adapted rules and regulations do not apply to Cash for Gold outlets. It is in this context that the need to explore the issue of evidence of ownership of gold and jewellery items , such for example as the Deputy refers to - photo ID and other evidence of ownership - is referred to in the Report and no doubt will be the subject of attention in the course of the Oireachtas Committee's consideration of the issue.

There is a requirement to carefully examine the resources implications of any proposed roles envisaged for An Garda Síochána of any new regulatory steps. In addition, in framing any necessary measures in respect of Cash for Gold shops it would be important to ensure consistency in their application in so far as they would also apply to other retail outlets that may trade in second hand gold items such as jewellery and antique retailers. The Minister is of the view that it is however important to avoid creating unnecessary form filling, expense and bureaucracy for legitimate business that makes no significant contribution to law enforcement or the protection of the public generally.

ENDS