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GAZETTE

JULY/AUGUST 1990

Irish Stenographers

Limited

(Director:

Sheila Kavanagh)

Qualified Experienced Stenographers.

Fast, efficient service.

Overnight Transcripts by arrangement

Contact: Secretary,

"Hillcrest", Dargle Valley,

Bray, Co. Wicklow.

Telephone: 01-862184

to his legal responsibility. The

proposition to be maintained is

that in each of these situations

there is recklessness for legal

purposes. Simple ignorance is

not

enough

to

displace

recklessness. It is only where

the actor's mind is filled with

mistaken knowledge that the act

is not reckless (though it may be

negligent)

as

to

t hat

circumstance."

CAR V ANDA L I SM

Mr. Currie asked the Minister for

Justice in the Dáil on May 30 1990,

399

Dail Debates,

cols 814-15, the

number of cars reported stolen or

broken into in each year for the past

ten years; the number in each year

in Dublin city and county; the

estimated cost of such crime in this

period; and if he will make a

statement on the matter. The

Minister for Justice, Mr. Burke,

replied that the information sought,

in so far as it is readily available,

was set out in a tabular statement.

It was assumed that the question

was intended to include vehicles

taken without the owner's consent

even t hough this does not

constitute stealing in the strict legal

sense. Information in relation to the

cost of the crimes in question was

not readily available and could not

be compiled without the expendi-

ture of Garda time and effort to an

extent t hat wou ld not be

warranted.

The following is the table:

Larcenies from unattended

vehicles for years 1980-89.

Dublin Metro- Country as a

politan Area

Whole

Year

Recorded

Recorded

1980

11,072

14,729

1981

13,976

18,159

1982

15,761

2 0 , 5 23

1983

14,999

19,434

1984

13,727

17,953

1985

11,155

15,049

1986

10,767

14,638

1987

12,092

15,749

1988

14,705

18,640

1989*

13,682

18,399

* Figures for 1989 are provisional.

246

P ERSONAL I N J URY A C T I ONS

Mr. Enright asked the Minister for

Finance, Mr. A. Reynolds, in the Dail

on June 27 1990, 400

Dáii

Debates,

col. 1064, if he would

outline (a) the tax consequences of

structured settlements in personal

injury actions in view of the

changes to the

Finance Act,

1990,

arising out of the Dunne case, (b)

the potential liability of a plaintiff to

pay income tax on the whole or any

part of the sums paid to him by the

casualty insurer pursuant to a

structured settlement agreement

and (c) if his attention had been

d r awn to the f act t hat the

Association of British Insurers had

recently agreed with the United

Kingdom Inland Revenue that

structured settlements can be

provided in the United Kingdom in

such a way that the liability to

income tax which had previously

been assumed to apply, does not

arise; and if he would make a

statement on the matter.

The Minister for Finance replied

that he was aware of an agreement

between the Association of British

Insurers and the United Kingdom

Inland Revenue in relation to

structured settlements. He said

that his understanding was that

structured settlements do not exist

in this country at present. The

question of the tax treatment of

such settlements, if introduced,

had been raised w i t h

his

Department by representatives of

the insurance industry and the

ma t t er was cu r r en t ly under

examination.

REMINDER

ADVOCACY

CLE Residential

Course,

Bellinter, Navan, Co. Meath.

7 . 00

p .m.,

Friday,

28

September, to 1.00 p.m., Sun-

day, 30 September, 1990.

For further details contact

G. Pearse.

Tel.: 710711.

Vehicles subject of Lerceny end Unauthorised Talcing for years 1980-89.

Dublin Metropolitan Area

Country as a Whole

Number of

Number of

Number of

Vehicles

Number of

Vehicles

Vehicles

Subject to

Vehicles

Subject to

Subject of Unauthorised

Subject of Unauthorised

Year

Larceny

Takings

Total

Larceny

Takings

Total

1980

681

15,161

15 , 842

8 0 7

2 1 , 0 05

2 1 , 8 12

1981

9 02

1 6 , 0 50

16 , 952

1 , 036

2 1 , 8 96

2 2 , 9 32

1982

1,091

16 , 237

17 , 328

1 , 207

2 0 , 7 29

2 1 , 9 36

1983

1 , 377

15 , 071

1 6 , 4 48

1,531

1 9 , 4 84

19 , 637

1984

1 , 237

14 , 672

1 5 , 9 09

1 , 375

1 8 , 7 35

2 0 , 1 10

1985

1,341

11 , 317

1 2 , 6 58

1 , 546

1 4 , 8 44

1 6 , 3 90

1986

1 , 315

9 , 2 80

1 0 , 5 95

1 , 775

1 2 , 5 14

1 4 , 2 89

1987

1 , 168

7 , 2 57

8 , 4 25

1 , 523

9 , 9 55

11 , 478

1988

1 , 198

7 , 1 04

8 , 3 02

1 , 507

9 , 4 08

1 0 , 9 15

1 9 8 9*

1 , 110

7 , 0 33

8 , 1 43

1 , 350

9 , 9 23

1 1 , 2 73