Select Committee on Enterprise and Economic Strategy díospóireacht -
Tuesday, 6 Sep 1994

SECTION 89.

Mrs. O'Rourke

I move amendment No. 227:

In page 50, subsection (1), line 14, to delete "collecting repayments" and substitute "engaged in the business of moneylending".

This amendment echoes a point made earlier by Deputy McDowell. Its purpose is to expand the circumstances in which a member of the garda may require a person to produce his moneylender's licence. Whereas the term "collecting repayments" has its own connotation, the phrase "engaged in the business of moneylending" covers a broader spectrum and ensures that, whether a person is either endeavouring to lend money or otherwise engage in aspects of a moneylending business, including the collection of money, a garda may require him to show that he has the proper authority to do so, either as the holder of a moneylender's licence or because he holds authorisation as provided in that new section. Under section 89 members of the Garda Síochána are given powers to curb some unsavoury aspects of moneylending. A garda can ask a person to produce his licence or authorisation to collect such repayments on a moneylender's behalf.

Mr. R. Bruton

Deputy McDowell pointed out that the definition of moneylending as defined in the Act only implied the issuing of credit and not the collecting of payments. If Deputy McDowell is right, this amendment restricts the interpretation of the section.

Mr. M. McDowell

I do not suggest the Minister's arguments are wrong. The power to ask people to produce their licences or their authorisations is correct but collecting repayments should be specified. Some young fellow wandering from door to door collecting a sum of money——

Mrs. O'Rourke

For a worthy cause?

Mr. M. McDowell

No. If somebody is using a "heavy" on his difficult cases who breezes into a block of flats and smashes a few windows, the issue is whether this person is engaging in the business of moneylending or is just arriving to throw his weight around on one particular occasion.

Chairman

It is now nearly 4 o'clock and we agreed to adjourn at that time. I put it to the meeting that the Minister be given the opportunity between now and the next meeting to examine the points raised by Deputies McDowell and Bruton. We would not do those points justice if we were to deal with them now.

Mrs. O'Rourke

I agree.

Chairman

The issue of worthy of consideration and we would do this better if we gave the Minister time to consider the points raised. I thank the Minister and the Members of the committee for their contributions to the debate today. I thank the Minister's officials who have been very patient.

The Select Committee adjourned at 4 p.m.