Lorraine Higgins (Labour) | Oireachtas source

I join in the chorus of congratulations to my colleague, Senator John Gilroy, on the publication of his book. I look forward to attending the event this evening and purchasing a copy, and to reading not only fifty shades of Shatter during my August holidays but also Senator Gilroy's publication.

I refer to a matter highlighted in a weekend newspaper. A leading psychiatrist has taken it upon himself to write to the banks on behalf of vulnerable people telling them he will hold them responsible in the event of a patient's suicide. It is ridiculous in this day and age that we must rely on a psychiatrist to take matters upon himself when a criminal law provision must be enforced and convictions secured in order to uphold people's basic rights in circumstances in which banks and creditors are pressuring people. Section 11 of the Non-Fatal Offences against the Person Act 1997 provides:

A person who makes any demand for payment of a debt shall be guilty of an offence if--(a) the demands by reason of their frequency are calculated to subject the debtor or a member of the family of the debtor to alarm, distress or humiliation

The provision has been used sparingly. Between 2003 and 2010, only one conviction was secured under the section. It shows a major failing given that the purpose of the Act is to protect people from being harassed and from distress being caused to them as a result of debts they have accrued. The banks and creditors have a right to go to court and secure judgments against people who cannot pay their debts. However, they do not have a right to destroy the lives of people and their families every day by exerting pressure. We seem to be shy about enforcing the law in Ireland. It was heartening to read how the Royal Bank of Scotland in the UK was deemed to have harassed a customer for having made more than 500 phone calls to her. The High Court in England demanded that the Royal Bank Of Scotland pay over £7,500 in compensation to the individual. I am sure there are many untold stories and on that basis I ask that the Minister for Justice and Equality come to the House to discuss this section of the legislation and the need for more convictions to be secured under it.