Written answers

Tuesday, 6 November 2012

Department of Justice and Equality

Illegal Money Lending

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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To ask the Minister for Justice and Equality further to Parliamentary Question No.44503/12 of October 2012, the action he will take regarding the person (details supplied); and if he will make a statement on the matter. [48315/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy will appreciate a number of the matters raised, principally those concerning the allocation of housing and social welfare payments, are not matters which fall under the remit of my Department. These are matters which would fall primarily to be considered by the Department of Environment, Community and Local Government and the Department of Social Protection.

With regard to the issue of illegal money lending it may be helpful if I briefly set out the measures currently in place governing money lending generally. The regulation of licensed money lending is a matter primarily for my colleague, the Minister for Finance and the Central Bank of Ireland is the Competent Authority in this jurisdiction with regard to licensed money lending activity. Legislative provisions relating to the regulation of money lending are contained in the Consumer Credit Act 1995 and unlicensed money lending is an offence under that Act. 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. Complaints concerning the operation of illegal money lenders may be made to An Garda Síochána who have power to bring prosecutions against unlicensed operators. 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 have been assured by the Garda authorities that where offences under section 98 of the Consumer Credit Act 1995 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.

I would therefore strongly encourage those who may have information concerning the operation of unlicensed money lenders to notify An Garda Síochána whom I can assure the Deputy will take all measures open to them to enforce the law in this area.

While I do appreciate the concerns expressed by the Deputy in relation to this particular case, insofar as such concerns relate to the operation of illegal money lending this is a matter which can be pursued by the Garda authorities as I have outlined above.

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