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Illegal Moneylenders

Dáil Éireann Debate, Thursday - 28 March 2013

Thursday, 28 March 2013

Questions (190, 191, 192)

Thomas P. Broughan

Question:

190. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has received a submission from an organisation (details supplied) in relation to the practice of illegal money laundering; if he will consider their proposal for the establishment of a localised, fixed term task force with input from all relevant stakeholders including an Garda Síochána, Criminal Assets Bureau, Revenue Commissioners, the Department of Social Protection and so on, to investigate and address offences committed under section 17 of the Criminal Justice (Public Order) Act 1994 and or section 10 and 11 of the Non-Fatal Offences Against the Person Act, 1997; and if he will make a statement on the matter. [15855/13]

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Thomas P. Broughan

Question:

191. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of illegal money lenders who have been prosecuted and convicted each year since 2008; and if he will make a statement on the matter. [15856/13]

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Thomas P. Broughan

Question:

192. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has reviewed the operation of the national illegal money-lending projects in the UK which has reportedly resulted in 96 prosecutions with 28 custodial sentences for illegal money-lending activities; and if he will make a statement on the matter. [15857/13]

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Written answers

I propose to take Questions Nos. 190 to 192, inclusive, together.

I can confirm to the Deputy that I have received a submission from the organisation to which he refers concerning the practice of illegal money lending. That submission is currently under examination in my Department, in consultation with relevant Departments and Agencies and the Garda Commissioner, and a reply will issue in due course when that examination concludes.

As the Deputy will be aware, and as highlighted in the particular submission, tackling illegal money lending requires an approach which goes beyond the criminal justice response to include matters concerning affordable credit availability, debt advice, debt solutions etc.

The Deputy refers to work undertaken in the United Kingdom, under the auspices of the Department for Business, Innovation and Skills, on the establishment of National Illegal Money Lending Projects in that jurisdiction. As highlighted in the Interim Evaluation Report of these projects (2010) that work was undertaken as part of a wider strategy to tackle over-indebtedness and financial exclusion.

The Deputy will therefore appreciate that responsibilities arise for a number of Departments in tackling this issue.

With regard to the legislative framework in this area, the Deputy will be aware that legislative provisions relating to the regulation of money lending are provided for in the Consumer Credit Act 1995, which is the responsibility of the Minister for Jobs, Enterprise and Innovation.

The regulation of licensed money lending is a matter primarily for my colleague, the Minister for Finance and the Central Bank of Ireland is the competent authority in this jurisdiction with regard to licensed money lending activity.

Under the 1995 Act, unlicensed money lending is an offence. 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.

There are also a number of provisions in the criminal law which may be of relevance in particular circumstances, for example, sections 10 and 11 of the Non-fatal Offences against the Person Act 1997 and section 17 the Criminal Justice (Public Order) Act 1994 which provide for offences relating to harassment, extortion and demanding money with menaces.

With regard to the Deputy's question concerning the number of illegal money lenders that have been prosecuted and convicted each year since 2008, I have sought the information requested and will revert to the Deputy in due course.

As I have stated previously, I would 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.

With regard to the question of any future initiatives in this area, as I indicated to the House, insofar as my Department has a role in this area and in the context of the investigation of illegal money lending, I will give consideration to any proposals which might be brought forward in aid of the investigation of such offences.

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