Written answers

Thursday, 16 October 2014

Department of Justice and Equality

Illegal Moneylenders

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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135. To ask the Minister for Justice and Equality the number of unlicensed moneylenders prosecuted by the Garda over the past five years; if she will set out the penalties handed down; and if she will make a statement on the matter. [39743/14]

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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136. To ask the Minister for Justice and Equality the current legislation for dealing with illegal moneylenders; and if she will make a statement on the matter. [39749/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 135 and 136 together.

As the Deputy may be aware, the regulation of licensed moneylending is a matter primarily for my colleague, the Minister for Finance. The Central Bank of Ireland is the competent authority in this jurisdiction with regard to licensed moneylending and in overseeing and regulating such activity.

Legislative provisions relating to the regulation of moneylending are contained in the Consumer Credit Act 1995 which is the responsibility of the Minister for Jobs, Enterprise and Innovation. Under the Act unlicensed money lending is an offence and 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.

The powers of An Garda Síochána in tackling illegal moneylending are principally contained in Part VIII of the Consumer Credit Act 1995.

With regard to the number of unlicensed moneylenders prosecuted by the Gardaí over the past five years, I have been informed by the Garda authorities that prior to May 2013 there was no specific incident category on the Garda Pulse system which recorded investigations into unlicensed money lending offences.

Therefore, obtaining data on convictions related to illegal moneylending prior to May 2013 would involve a detailed manual analysis of the Garda Pulse system which would necessitate a disproportionate expenditure of Garda resources given An Garda Síochána's current business demands.

However, the Garda authorities have informed me that since May 2013, as at 18 September 2014, there have been six incidents under this crime category recorded on the PULSE system relating to four cases. These cases remain under active investigation by An Garda Síochána.

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