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IMEACHTA AN CHOISTE SPEISIALTA.PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé Máirt, 6 Mí na Nodlag, 1932.Tuesday, 6 December, 1932.1. The Committee met at 4.45 p.m. 2. Present:—Deputy Wolfe (in the Chair), Briscoe, Cooney, Doyle, Kennedy, Little and the Minister for Justice. 3. The Committee resumed consideration of the Bill. (i) Section 12. Question:—“That the section stand part of the Bill”—put, and negatived. (ii) New section. Amendment proposed (Deputy Cooney): “Before Section 13, to insert a new section as follows:— ‘(1) Subject as hereinafter provided, where, in any proceedings in respect of any money lent by a moneylender after the Commencement of this Act or in respect of any agreement or security made or taken after the Commencement of this Act in respect of money lent either before or after the Commencement of this Act, it is found that the interest charged exceeds the rate of thirty-nine per cent. per annum, or the corresponding rate in respect of any other period, the Court shall, unless the contrary is proved, presume for the purposes of section one of the Moneylenders Act, 1900, that the interest charged is excessive and that the transaction is harsh and unconscionable, but this provision shall be without prejudice to the powers of the Court under that section where the Court is satisfied that the interest charged, although not exceeding thirty-nine per cent. per annum is excessive. ‘(2) Notwithstanding anything to the contrary in this section or in sub-section (1) of section one of the Moneylenders Act, 1900, contained where it is found that the interest charged exceeds thirty-nine per cent. per annum, or the corresponding rate in respect of any other period, in respect of an actual sum lent less than £100, the Court shall relieve the person sued from payment of any sum in excess of the actual sum lent, and if any such excess has been paid, or allowed in account, by the debtor, shall order the creditor to repay it; and may set aside, either wholly or in part, or revise, or alter, any security given or agreement made in respect of money lent by the moneylender, and if the moneylender has parted with the security, may order him to indemnify the borrower or other person sued. ‘(3) Where a Court re-opens a transaction of a moneylender under the said section one of the Moneylenders Act, 1900, as amended by this Act, the Court may require the moneylender to produce any certificate granted to him in accordance with the provisions of this Act, and may cause such particulars as the Court thinks desirable to be endorsed on any such certificate, and a copy of the particulars to be sent to the authority by whom the certificate was granted.’” Amendment proposed to the proposed amendment (Deputy Little): “In sub-section (1) of the proposed new section to delete the words ‘unless the contrary is proved.’” Question put; the Committee divided: For, 3; Against, 4. For:—Deputies Briscoe, Kennedy and Little. Against:—Deputies Cooney, Doyle, Wolfe and the Minister for Justice. Question declared negatived. Question:—“That the new section be there inserted”—put, and agreed to. (iii) Section 13 agreed to. (iv) Section 14. Amendment proposed (Deputy Little) “In sub-section (1), paragraph (a, in lines 32 and 39, to delete the words ‘twelve months’ and substitute the words ‘three years.’” Question put, and agreed to. Section 14, as amended, agreed to. (v) Section 15. Question:—“That the section stand part of the Bill”—put, and negatived. (vi) Section 16. Amendment proposed (Deputy Little): “To delete all the words after the word ‘person’ in line 59, down to and including the word ‘elsewhere,’ in line 61, and substitute the words ‘shall carry on business as a moneylender.’” Question put, and agreed to. Section 16, as amended, agreed to. (vii) Section 17. Amendment proposed (Deputy Little): “In sub-section (1), line 23, to delete the words and figures ‘the Bankruptcy Acts, 1883-1914, and substitute the following words and figures ‘the Irish Bankrupt and Insolvent Act, 1857, and the Bankruptcy (Ireland) Amendment Act, 1872.’” Question put, and agreed to. Amendment proposed (Deputy Little): “In sub-section (2), in lines 27 and 28, to delete the words and brackets ‘(other than simple interest charged in accordance with the proviso to Section 8 of this Act).’” Question put, and agreed to. Section 17, as amended, agreed to. (viii) Sections 18 and 19 agreed to. (ix) Section 20. Question:—“That the section stand part of the Bill”—put, and negatived. (x) Section 21. Amendment proposed (Deputy Cooney) “In sub-section (4), in line 8 to delete the word and figures ‘April, 1932,’ and substitute the word and figures ‘October, 1933.’” Question put, and agreed to. Amendment proposed (Deputy Cooney): “In sub-section (4), paragraph (a), in line 13, to delete the word and figures ‘March, 1932’ and substitute the word and figures ‘September, 1933.’” Question put, and agreed to. Section 21, as amended, agreed to. (xi) First Schedule agreed to. (xii) Second Schedule. Amendment proposed (Deputy Cooney: “In column 3, to delete the words ‘Section one.’” Question put, and agreed to. Second Schedule, as amended, agreed to. (xiii) Title agreed to. 4. Draft Report brought in by the Chairman (Deputy Wolfe) read a first and second time, and passed as follows:— The Special Committee has gone through the Bill and has made amendments thereunto. The Bill, as amended, is reported to the Dáil. Ordered: to report accordingly. 5. The Committee concluded its business at 5.45 p.m. |
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