Case by case basis, fake passes are likely to be prosecuted under social welfare fraud, 3000 euro fine/jail time.
I doubt Irish Rail are really worried about the criminal proceedings outcome, its a case of get as many passes out of circulation as fast as possible.
From a legal point of view, hard data on pass misuse will allow stricter checks at point of ticket purchases. This is currently a problem due ruling from the equality tribunal that there was insufficient proof of misuse to justify checks that went beyond those of normal ticket holders.
Leap enabled passes will arrive shortly so cardboard is on the way out.
It goes without saying if you know or can identify someone using a fake pass or misusing a valid one, call the DSFA and report them.
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