Seanad Éireann debate -
Thursday, 17 Aug 1933

Vol. 17 No. 13

Moneylenders (No. 2) Bill, 1933—Report Stage.

Question: That the Bill be received for final consideration.

Cathaoirleach

Government amendment No.1:—

New section. Before Section 12 to insert a new section as follows:—

12. (1) It shall not be lawful for any moneylender or the agent of a moneylender to send any written communication, relating to a money-lending transaction, to the borrower or intending borrower, unless such communication is sent in a sealed envelope having written thereon the word "personal" and no other words save and except the name or the name and address of the borrower or intending borrower.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £20.

Minister for Justice (Mr. Ruttledge)

This amendment is being introduced as a Government amendment to meet Senator Johnson's point.

Mr. Johnson

I am quite prepared to take this amendment as a full, or almost full, meeting of my case, but I would point out that it still remains open for a moneylender to send a letter to the business address of a debtor so long as it is marked "Personal." As I said on the other stage, it is a practice—I do not know whether it is universal—in certain classes of firms having commercial travellers to insert a clause in the agreement giving them liberty to open letters marked "Personal." However, I do not think that is a very important matter and I take it that this amendment will meet the case in the main.

Amendment agreed to.

Cathaoirleach

Government amendment No. 2:—

New section. Before Section 12 to insert a new section as follows:—

12.—(1) It shall not be lawful for any moneylender or the agent of a moneylender to visit, for purposes connected with a moneylending transaction, the borrower or intending borrower at any place where the borrower or intending borrower is employed or carries on business, unless the borrower or intending borrower resides at such place.

(2) If any moneylender or agent of a moneylender acts in contravention of this section such moneylender or agent shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Mr. Ruttledge

This amendment provides that a moneylender cannot call at the business place of a borrower unless the borrower resides there.

Mr. Johnson

This amendment meets the other part of the case which I made, and I am glad that it has been introduced.

Amendment agreed to.

Cathaoirleach

Government amendment No. 3:—

Section 13, sub-section (1). After the word "proceedings" in line 22 to insert the words "heard after the commencement of this Act."

Mr. Ruttledge

The object of this amendment is to provide for a fixed rate of interest of 39 per cent.

Amendment agreed to.

Cathaoirleach

Government amendment No. 4:—

Section 13, sub-section (1). To delete in line 23 the word "commencement" and to substitute therefor the words "date of the passing."

Mr. Ruttledge

This deals with the same thing.

Amendment agreed to.

Cathaoirleach

Government amendment No. 5:—

Section 13, sub-section (1). To delete in line 25 the word "commencement" and to substitute therefor the words "date of the passing."

This is a similar amendment.

Amendment agreed to.

Cathaoirleach

Government amendment No. 6, which is also similar:

Section 13, sub-section (1). To delete in line 26 the word "commencement" and to substitute therefor the words "date of the passing."

Amendment agreed to.

Mr. Johnson

Sir, in view of later amendments put down officially, I do not intend to move amendment No. 7.

Amendment not moved.

Cathaoirleach

Government amendment No. 8:—

Section 13, sub-section (1). To delete in line 29 the word "presume" and to substitute therefor the words "conclusively assume."

Mr. Ruttledge

The object of this amendment is to make it quite clear that the court must assume that 39 per cent. is the maximum.

Mr. Johnson

This amendment meets my case entirely, and I have been confirmed in my doubts by later advice from lawyers outside.

Amendment agreed to.

Amendment No. 9 not moved.

Mr. Johnson

The following amendment, No. 10, in my name has been met by amendments Nos. 1 and 2.

Amendment No. 10 not moved.

Mr. Comyn

I move amendment No. 11:—

Section 21, sub-section (2). To delete in lines 14-15 the words and figures "1st day of October, 1933" and to substitute therefor the words and figures "1st day of January, 1934."

The purpose of this amendment is to substitute the 1st day of January, 1934, for the 1st day of October, 1933, by reason of the fact that this Bill has been a long time before Parliament.

Mrs. Clarke

I second the amendment.

Mr. Johnson

I take it that is introduced because time is required to prepare the rules.

Amendment agreed to.

Question—"That the Bill do now pass"—put and agreed to.