Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Select Committee on Enterprise and Economic Strategy díospóireacht -
Thursday, 19 May 1994

SECTION 12.

I move amendment No. 78:

In page 19, subsection (1), lines 17 to 21, to delete subsection (1), and substitute the following:

"(1) A person who—

(a) in Part I, contravenes section 5 (1) or (3), 6 (2), 7(7) or (8), 9 (1) or (2) or 10 (7),

(b) in Part II, contravenes section 27 or regulations under section 29,

(c) in Part III, contravenes section 33 or 34 or regulations under section 35,

(d) in Part IV, contravenes section 40 (1) or 41,

(e) in Part VII, contravenes section 79 (4),

(f) in Part VIII, contravenes section 81 (5), 89 or 90 (2) or regulations under section 95 (2),

(g) in Part IX, contravenes section 98, 99 (3), 101, 102, 103, 105, 106, 107, 108, 109, 110, or 111, or

(h) in Part X, contravenes section 115, 116, 118, 119 (1) or (2) or regulations under section 114,

shall be guilty of a summary offence.

(2) A person who—

(a) in Part IV, contravenes section 43, 44 or 49,

(b) in Part V, contravenes section 54,

(c) in Part VIII, contravenes section 81 (17), 82, 83, 84, 85, 86, 87 (2), 88, 91 or 92,

(d) in Part IX, contravenes section 97 (1) or 104, or

(e) in Part X, contravenes section 117,

shall be guilty of an offence.".

This amendment points out that there are 37 summary offences and 17 indictable offences under the provisions of this Bill which come under the headings of general, advertising, content of agreements, currency of agreements, money lending, housing loans and miscellaneous. There are subsections under each heading and penalties for breach of the offences.

What are the significant changes? I note that most of the offences under Part VIII are indictable.

There are 37 summary offences and 17 indictable offences.

What is the thrust of the Minister's changes? What is an indictable offence for the purpose of the Act?

Persons found to have contravened the following provisions shall be guilty of a summary offence: failure to produce documents or information to the Director, or to attend before him when called upon to do so or interference with an authorised officer; failure to take heed of what the Director said, or engaging in the business of a credit intermediary without an authorisation; failure to comply with Part II of the Act when publishing or displaying an advertisement; failure to include the notice set out, or failure to comply with regulations; under the heading currency failure of a creditor to supply documents and information; failure to display your moneylender's licence or give information to a member of the Garda Síochána; in regard to housing loans failure to comply with the criteria for APR, breach of provisions regarding insurance of mortgage property and under the heading of miscellaneous inertia selling provisions.

The indictable offences are breach of the provisions regarding written communications, breach of the provisions regarding visits or telephone calls — i.e., calling to the home of the consumer after 9 p.m. and before 9 a.m. or going to his business address without permission — making threats or demands in relation to unenforceable agreements, acting as a mortgage intermediary without a licence and attempting to exclude any obligation imposed on a person. These lists were drawn from the various sections of the Bill. Perhaps I should furnish those in composite form because anybody scrutinising the Bill would have to go through it section by section to find which is a summary offence and which is an indictable offence. I am lucky in that they have been compiled for me. It would be useful if I could provide Deputies with those lists.

Would it be possible for the Minister to give a briefing document prior to the next meeting of the committee?

It is not correct to say that Deputies did not get a briefing. One has to find the offences in the Bill.

Due to the complex nature of the Bill perhaps the Minister would provide the list for committee members?

Prior to the next session of Committee Stage I will furnish those lists to the members of the committee.

Amendment agreed to.
Section 12, as amended, agreed to.
Barr
Roinn