The Gazette 1990

GAZETTE

JULY/AUGUST 1990

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.

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.

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The following is the table:

Larcenies from unattended vehicles for years 1980-89.

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

Dublin Metro- Country as a politan Area Whole

Year

Recorded

Recorded

1980 1981 1982 1983 1984 1985 1986 1987 1988

11,072 13,976 15,761 14,999 13,727 11,155 10,767 12,092 14,705 13,682

14,729 18,159 2 0 , 5 23 19,434 17,953 15,049 14,638 15,749 18,640 18,399

15,161 1 6 , 0 50 16 , 237 15 , 071 14 , 672 11 , 317

15 , 842 16 , 952 17 , 328 1 6 , 4 48 1 5 , 9 09 1 2 , 6 58 1 0 , 5 95

2 1 , 0 05 2 1 , 8 96 2 0 , 7 29 1 9 , 4 84 1 8 , 7 35 1 4 , 8 44 1 2 , 5 14

2 1 , 8 12 2 2 , 9 32 2 1 , 9 36 19 , 637 2 0 , 1 10 1 6 , 3 90 1 4 , 2 89 11 , 478 1 0 , 9 15 1 1 , 2 73

681 9 02

8 0 7

1980 1981 1982 1983 1984 1985 1986 1987 1988

1 , 036 1 , 207 1,531 1 , 375 1 , 546 1 , 775 1 , 523 1 , 507 1 , 350

1,091 1 , 377 1 , 237 1,341 1 , 315 1 , 168 1 , 198 1 , 110

1989*

9 , 2 80 7 , 2 57 7 , 1 04 7 , 0 33

* Figures for 1989 are provisional.

8 , 4 25 8 , 3 02 8 , 1 43

9 , 9 55 9 , 4 08 9 , 9 23

1 9 8 9*

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