Written answer
Legislative Measures
2217. Deputy Paul Nicholas Gogarty asked the Minister for Justice, Home Affairs and Migration if he will consider legislative amendments to ensure that deliberate misrepresentation of qualifications, insurance, accreditation or business identity by contractors can be better prosecuted as fraud rather than treated solely as a civil matter; and if he will make a statement on the matter. [61227/26]
Comment on this
The deliberate misrepresentation of qualifications, insurance, accreditation, or business identity is not solely a civil matter under Irish law.
Where an individual dishonestly makes false representations with the intention of securing business, making a financial gain, or causing a loss to another, such conduct may, depending on the circumstances, be addressed under existing criminal fraud legislation.
Under Sections 6 and 7 of the Criminal Justice (Theft and Fraud Offences) Act 2001, it is an offence to dishonestly induce a person by deception to do or refrain from doing an act, with the intention of making a gain or causing a loss to another, or to dishonestly obtain services by deception with the intention of making a gain or causing a loss to another. On conviction on indictment, a person guilty of an offence under Section 6 or 7 is liable to a fine or imprisonment for a term not exceeding five years, or both. Where the conduct involves the making or use of a false instrument, offences of forgery and using a false instrument under Sections 25 and 26 of the Act may also be applicable. A person guilty of an offence under Section 25 or 26 is liable, on conviction on indictment, to a fine or imprisonment for a term not exceeding ten years, or both.
It should also be noted that should a report be submitted to the Director of Public Prosecutions (DPP), that office is responsible for deciding whether a person should be prosecuted and, if so, for which offence. The DPP is wholly independent of my role as Minister and the Department of Justice under the Prosecution of Offences Act 1974 (as amended). I have no role in the operations, functions, oversight or governance of the Office of the DPP and cannot provide any information relating to the decisions made by that Office.