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Speech: Topical Issues Debate - 12 February 2013, Cash for Gold outlets: Opening Remarks by Minister of State Seán Sherlock, TD for Alan Shatter TD, Minister for Justice, Equality and Defence

Topical Issues Debate - 12 February 2013

Cash for Gold outlets

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.