Finian McGrath
Question:304. Deputy Finian McGrath asked the Minister for Finance his views on correspondence (details supplied) regarding the Consumer Credit Act 1995; and if he will make a statement on the matter. [15548/15]
View answerTuesday, 21 April 2015
Questions (304)
Written answers
I am advised by the Central Bank of Ireland that the statutory powers to prosecute summarily or pursue a suspected contravention of Section 129(2) of the Consumer Credit Act 1995 under the Administrative Sanctions Procedure (governed by Part IIIC of the Central Bank Act 1942) are both discretionary powers, the use of which is considered on a case by case basis.
The Central Bank has published its general approach where both the Administrative Sanctions Procedure and summary criminal prosecution are available in respect of a suspected contravention/offence. In the Central Bank's 'Outline of the Administrative Sanctions Procedure' paragraph 3.6.1 a) notes that "(t)he Central Bank may decide to pursue suspected contraventions through the Administrative Sanctions Procedure instead of bringing a summary prosecution. However, the Central Bank will consider the circumstances of each case on its merits and may decide to pursue matters which constitute both a prescribed contravention and a criminal offence via the criminal courts. In deciding whether to pursue criminal proceedings, the Central Bank will exercise its discretion, having regard to the Director of Public Prosecution's "Guidelines for Prosecutors". The particular circumstances of each case are considered on their own merits to decide if it is appropriate to exercise the statutory discretion to take action in respect of a suspected offence/contravention.