The Gazette 1991

GAZETTE

JU 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. 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. UNDER-AGE DRINKING The Intoxicating Liquor

L j pwf t R l EF Edited by/Eamonn G. Hall,«blicitor.

FRAUD OFFENCES

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. 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- TELEPHONE TAPPING

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

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