————————
AN BILLE UM CHEARTAS COIRIÚIL
(IASACHTÓIREACHT AIRGID NEAMHCHEADÚNAITHE),
2013
CRIMINAL JUSTICE (UNLICENCED MONEY-LENDING)
BILL 2013
————————
Mar a tionscnaíodh
As initiated
————————
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Blackmail, extortion, demanding money with menaces and
unlicenced money-lending.
3. Repeals.
4. Regulations.
5. Short title and commencement.
————————
[No. 36 of 2013]
Acts Referred to
Consumer Credit Act 1995
1995, No. 24
Criminal Justice (Public Order) Act 1994
1994, No. 2
Non-Fatal Offences Against the Person Act 1997
1997, No. 26
2
————————
AN BILLE UM CHEARTAS COIRIÚIL
(IASACHTÓIREACHT AIRGID NEAMHCHEADÚNAITHE),
2013
5
CRIMINAL JUSTICE (UNLICENCED MONEY-LENDING)
BILL 2013
————————
BILL
entitled
AN ACT TO MAKE PROVISION WHEREBY THE PUNISHMENT IMPOSED ON A PERSON WHO ENGAGES IN
10
UNLICENCED MONEY-LENDING SHALL INCLUDE A
PROHIBITION ON A PERSON CONVICTED OF THE
OFFENCE OF UNLICENCED MONEY-LENDING FROM
SUBJECTING THE VICTIM(S) OF THE OFFENCE OF
UNLICENCED MONEY-LENDING TO HARASSMENT
15
FOR SUCH DEFINED PERIOD AS THE COURT MAY
SPECIFY AND IN CIRCUMSTANCES WHERE, ON THE
EVIDENCE GIVEN, THE COURT IS NOT SATISFIED
THAT A PERSON SHOULD BE SO CONVICTED, THE
COURT MAY NEVERTHELESS MAKE AN ORDER PRO20
HIBITING A PERSON FROM COMMUNICATING WITH
ANY PERSON FOR SUCH DEFINED PERIOD AS THE
COURT MAY SPECIFY AND TO PROVIDE FOR
RELATED MATTERS.
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
25
1.—In this Act, save where the context otherwise requires—
“demand with menaces” has the same meaning as that construed
under section 17 of the Criminal Justice (Public Order) Act 1994;
“harassment” has the same meaning as that set out in section 10 of
the Non-Fatal Offences Against the Person Act 1997;
30 “Minister” means the Minister for Justice and Equality;
“money lenders licence” has the same meaning as that set out in
section 93 of the Consumer Credit Act 1995;
“unlicenced money-lending” means persons engaging in the business
of money-lending without being the holder of a money-lenders
35 licence and includes the interpretation as set out in section 98 of the
Consumer Credit Act 1995.
3
Interpretation.
Blackmail,
extortion,
demanding money
with menaces and
unlicenced moneylending.
2.—(1) It shall be an offence for any person who, intentionally or
recklessly, with a view to making a gain for himself or herself, or
another, or with intent to cause loss to another, makes or causes any
unwarranted demand with menaces to be made and/or engages in or
directs unlicensed money-lending.
5
(2) For the purposes of this section—
(a) a demand with menaces shall be unwarranted unless the
person making it does so in the belief—
(i) that he has reasonable grounds for making the
demand, and
10
(ii) that the use of the menaces is a proper means of
reinforcing the demand,
and
(b) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the 15
menaces relate to action to be taken by the person making the demand.
(3) Where a person is guilty of an offence under subsection (1),
the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may 20
specify, communicate by any means with the other person or that
the person shall not approach within such distance as the court shall
specify of the place of residence or employment of the other person.
(4) A person who fails to comply with the terms of an order under
subsection (3) shall be guilty of an offence.
25
(5) If on the evidence the Court is not satisfied that the person
should be convicted of an offence under subsection (1), the court
may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court
is satisfied that it is in the interests of justice to so do.
30
(6) A person or persons found guilty of an offence under this
section shall be liable—
(a) on summary conviction to a fine of €1,500 or a term of
imprisonment not exceeding 12 months or to both, or
(b) on conviction on indictment to a fine or imprisonment for 35
a term not exceeding 14 years or to both.
Repeals.
3.—That part of the offence contained in section 12(c) of the Consumer Credit Act 1995 which relates to section 98(1) or (2) of the
Consumer Credit Act 1995 are hereby repealed.
Regulations.
4.—(1) The Minister may make regulations for the general pur- 40
pose of this Act and may, by regulation, provide for any matter
referred to in this Act as prescribed or to be prescribed.
(2) Every regulation under this Act shall be laid before each
House of the Oireachtas as soon as may be after it is made and, if a
resolution annulling the regulation is passed by either such House 45
4
within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly
but without prejudice to the validity of anything previously done
under the regulation.
5
(3) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister
to be necessary or expedient for the purposes of the regulations.
5.—(1) This Act may be cited as the Criminal Justice (Unlicenced
Money-Lending) Act 2013.
10
(2) This Act shall come into operation on such day or days as may
be fixed by order or orders of the Minister.
5
Short title and
commencement.