John Halligan (Waterford, Independent)
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To ask the Minister for Justice and Equality the number of illegal money lenders being brought to the attention of the Financial Services Regulator; the number that have been brought to the attention of the Gardaí; and the number being prosecuted. [37875/12]

Alan Shatter (Dublin South, Fine Gael)
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Offences relating to illegal money lending are currently provided for in Part VIII of the Consumer Credit Act 1995. 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, which provides for a prohibition on engaging in the business of money lending without a licence. A person who is found guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.

I am informed that the latest available figures provided by the Courts Service indicate that no prosecutions for such an offence have been recorded over the past seven years. However, the Minister has been informed by the Garda authorities that where offences under section 98 are disclosed, and are reported to An Garda Síochána, the matter will be the subject of investigation under the direction of the local District Officer, with relevant expert assistance available from the Garda Bureau of Fraud Investigation. The Minister has also been informed by the Garda authorities that their records indicate that no proceedings have been recorded for offences relating to the Consumer Credit Act 1995 for the period 2009 to date.

The Minister would therefore 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 number of illegal money lenders being brought to the attention of the Financial Services Regulator, the Regulator does not operate under the auspices of the Minister's Department and, accordingly, this is a matter which would be more appropriately addressed to the Minister for Finance.