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Criminal Prosecutions Data

Dáil Éireann Debate, Wednesday - 26 September 2012

Wednesday, 26 September 2012

Questions (142)

Michael McGrath

Question:

142. Deputy Michael McGrath asked the Minister for Justice and Equality the number of prosecutions taken and convictions secured in respect of illegal moneylending activity in recent years; the penalties that applied on those convictions, if any; the penalties available in law on conviction; and if he will confirm when the last conviction took place for such activity in an Irish Court. [40953/12]

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Written answers

Offences relating to illegal money lending are currently provided for in Part VIII of the Consumer Credit Act 1995. Persons who engage in money lending 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 money lending without a licence. A person who is found 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 five years or both.

I am informed that the latest available figures provided by the Courts Service indicate that no prosecutions for such an offence have been recorded over the past five years and that information is not readily available as to when the most recent conviction for such activity took place. There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, section 10 and section 11 of the Non-fatal Offences against the Person Act 1997 and section 17 the Criminal Justice (Public Order) Act 1994 which provide for a range of offences including offences relating to harassment, extortion and demanding money with menaces. While these criminal law measures are being utilised, it should be noted that these offences have wider implications than money lending and there is no information available as to their use specifically with regard to money lending activities.

With regard to these matters I am assured by the Garda authorities that where offences under section 98 of the Consumer Credit Act 1995 are disclosed, and are reported to An Garda Síochána, the matter 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. As I stated before, I would, therefore, strongly encourage those who may have information concerning the operation of unlicensed money lenders in particular circumstances to make that information available to An Garda Síochána who will take all measures open to them to enforce the law in this area.

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