The Gazette 1991

GAZETTE

LY/AUGUST

1991

tion of telephone tapping and that

it would be introduced in the

autumn session. The implications of

the ruling of the European Court of

Human Rights on 24 April 1990 on

Kruslin -v- France

were being

examined and, when they were

clear, the Bill would be published

and debated. The Minister stated

that the

Krualin

-v- France

judgment of 24 April 1990

(European Court of Human Rights)

raised questions as to whether the

procedures for telephone tapping

which were provided for in the

Interception of Postal Packets

and Telecommunications

Mes-

sages Regulation Bill 1985

would

be adequate in terms of Ireland's

obligations under the European

Convention on Human Rights. The

Minister stated that it was import-

ant to get the legislation right.

FRAUD OFFENCES

The Law Reform Commission is

currently finalising a review of the

law relating to dishonesty generally.

The Commission is addressing

possible measures to tackle the

problem of so-called white collar

crime and computer-based fraud.

The Minister for Justice, Mr. Ray

Burke, stated in the Dail in answer

to parliamentary questions on May

2, 1991 that it was the Govern-

ment's intention to make whatever

changes in the criminal law are

necessary to modernise the law in

this regard as soon as the

Commission's recommendations

have been received.

The Minister stated that he had

no proposals to introduce the

system of examining magistrates.

The alternative suggestion made by

the Director of Public Prosecutions

to increase the powers of the Garda

with regard to search and seizure

would be considered.

The Minister also expected to be

in the position soon to introduce

legislation to deal with the ad-

missibility as evidence in criminal

matters of business and com-

puterised records in a proposed

Criminal Evidence Bill. This was a

matter touched on also by the

Director of Public Prosecutions in

his recent address. See

Gazette,

(Lawbrief) April, 1991.

The Garda Síochána Fraud

Squad comprises a detective

superintendent, two detective

inspectors, six detective sergeants

and 35 detective gardai. The

strength of the squad was kept

under review in the light of

changing needs and circum-

stances. The Minister for Justice

stated that as of the 2nd May 1991

a total of 39 companies were being

investigated by the Fraud Squad.

While specialist lawyers, account-

ants and auditors were not

attached to the Fraud Squad, the

Garda authorities were fully aware

that any specialist assistance they

may need in those areas would be

readily made available. The Minister

was assured by the Garda

authorities that investigations by

the squad are not and never have

been inhibited by any lack of re-

sources, specialist or otherwise.

The Minister stated the legal ser-

vices of the Chief State Solicitor's

office and the office of the Director

of Public Prosecutions are made

available as required to the squad

to assist in their investigations.

The Garda Commissioner has sub-

sequently established an internal unit

composed of a chief superintendent

and two superintendents to review

the operations of the Fraud Squad

and make a report.

TELEPHONE

TAPPING

PROCEDURES

The Minister for Justice, Mr. Ray

Burke, stated in the Dail on May 2,

1991 in answer to a parliamentary

question that he was having

legislation prepared on the regula-

UNDER-AGE DRINKING

The Intoxicating

Liquor

Act,

1988

introduced a wide range of

controls which provided a solid

framework within which the prob-

lem of under-age drinking was being

tackled. The Minister for Justice so

stated in reply to parliamentary

questions on May 2, 1991 in the

Dail. The Act provides the following

curbs on under-age drinking:

(1) It is now an offence for any

person under 18 years of age to

purchase alcohol, whether in or

at an off-licence or to consume

it in any place other than a

private residence.

(2) It is now an offence for any

person to purchase alcohol for

consumption by a person under

18 years of age in any place

other than a private residence.

(3) The Garda have been given

powers to seize intoxicating

liquor in possession of persons

under 18 years of age in any

place other than a private

residence.

(4) Persons under 15 years of age

are only allowed into licensed

premises if accompanied by a

parent or guardian.

(5) No person under 18 years of

age is allowed in the part of

licensed premises where an

extension under a special

exemption order is in force.

(6) Persons under the age of 18 are

not allowed on off-licensed

premises unless accompanied

by a parent or guardian.

L j pwf t R l EF

Edited by/Eamonn

G. Hall,«blicitor.

195