Dáil Éireann Debate, Wednesday - 20 June 2012
10 Deputy Brian Stanley asked the Minister for Justice and Equality the number of persons prosecuted for illegal money-lending offences during each of the past seven years; the offences for which they were prosecuted; the sentences received on conviction; and if he will make a statement on the matter. [29760/12]
View answerThe Deputy may be aware that the regulation of moneylending is a matter primarily for the Central Bank which is the competent Authority for licensing moneylending and has responsibility for overseeing and regulating that activity and it thus comes within the responsibility of my colleague, the Minister for Finance. Legislative provisions relating to moneylending are contained in the Consumer Credit Act 1995 (as amended) and the offences are set out in Part VIII of that Act. Persons who engage in moneylending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act, which provides for a prohibition on engaging in the business of moneylending without a licence. Complaints may be made to the Gardaí who have power to bring prosecutions against unlicensed operators.
A person who is guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.
The powers of An Garda Síochána in tackling illegal moneylending are principally contained in sections 105 to 109 of the Act, which make provision for a number of matters including Garda powers of entry and arrest. I am informed by the Garda authorities that where offences under section 98 are reported to An Garda Síochána, the matters will be the subject of investigation under the direction of the local District Officer, with relevant expert assistance available from the Garda Bureau of Fraud Investigation. There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, sections 10 (harassment) and 11 (demands for payment of debt causing alarm) of the Non-fatal Offences against the Person Act 1997 and the Criminal Justice (Public Order) Act 1994 which specifies offences of blackmail, extortion and demanding money with menaces.
I have had enquiries made with the Courts Service and I am informed that there is no record of a successful prosecution for illegal money lending over the past 7 years. There were 91 charges brought in relation to harassment under section 10 of the 1997 Act but it should be noted this offence has wider application and there is no information available about whether those cases related to moneylending activities. I would encourage all those with specific information concerning the operation of unlicensed moneylenders to make that information available to An Garda Síochána who I am assured will take all measures open to them to enforce the law in this area.
