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Chamber

Plenary, 01 Mar 2007

01 Mar 2007 · S2 · Plenary
Item of business
Illegal Moneylenders
I very much welcome this important debate, which focuses on what has become a huge problem throughout the UK—namely, consumer debt and the activities of illegal moneylenders or loan sharks, who prey on some of the most vulnerable in society and cause immense misery.

The full extent of the problem associated with personal debt and financial exclusion can be graphically illustrated by the following stark statistics. Including mortgage debt, total consumer debt in the UK is more than £1.2 trillion, an amount that is larger than the UK's annual gross domestic product. Britain's personal debt increases by approximately £1 million every four minutes. To put that in context, the average UK consumer owes over 200 per cent more than the average western European.

There is little doubt that the easy access to credit offered by major credit card companies contributes to the level of personal debt. Such offers are invariably unsolicited and irresponsible. As a result, there are 31.6 million credit card holders in the UK today, with every person having an average of 2.4 cards, which in turn means that there are more credit cards than people. The average interest rate on credit card lending is currently 15.72 per cent—a staggering 11 per cent, approximately, above the base rate.

As more people attempt to manage existing debt by accessing new credit, it is not difficult to see how their debt spirals out of control. Hence, insolvencies are up by 55 per cent in the current quarter, in comparison with the same period in 2005, and they are estimated to top 100,000 for the entire year. Furthermore, the average age of a bankrupt has fallen from 43 to 41 in the past four years and the proportion of young bankrupts, aged between 18 and 29, has more than doubled.

Given those sobering statistics and the fact that, according to a recent Financial Services Authority survey, 62 per cent of young people admitted that if they had money problems or debt they would not be able to name any advice or support service to which they could turn, it is clear that here is fertile ground for loan sharks.

Illegal moneylenders operate without a credit licence. According to recent research commissioned by the DTI, their victims fall into two main categories. The first category contains the credit impaired and represents about a third of the victims—people who have chaotic lifestyles associated with drug or alcohol abuse, who might work occasionally, but who have systematically slipped down the credit ladder.

The second category is that of the credit excluded, which contains about two thirds of the victims. These are people who are unable to access mainstream credit for a number of reasons. They are usually on benefits and are among the most vulnerable people in society.

The DTI has responded to the problem positively and effectively by setting up an illegal lending enforcement pilot project, which has been allocated £2.6 million over two and a half years, with a further £1.2 million secured from the financial inclusion fund. The project funds regional teams, including one in Glasgow, to investigate the impact of enforcement against illegal money lenders. The teams have achieved a number of notable successes since the pilot was established in September 2004 and appear to be on target to recoup £2 million, which is roughly equivalent to the original budget for the pilot. The Glasgow team has reported 12 cases to the procurator fiscal and three loan sharks have been sentenced. Five hundred people have benefited as a result of Scottish loan sharks being prosecuted, with savings of almost £250,000 that would otherwise have been demanded from some of the poorest people in Scotland. The team has seized or frozen £500,000 of loan sharks' assets and recovered £5,000-worth of counterfeit goods.

The subsequent DTI evaluation highlights areas of policy for which the Liberal-Labour pact must assume responsibility and in which it must play its part. This is the aspect of illegal lending that my amendment covers. The evaluation emphasises that effective relationships with key partners must be in place and stresses that the police have a pivotal role. It is therefore crucial that adequate police capacity and powers are available to ensure proper enforcement. As the minister said, the removal of loan sharks involves significant police resources and manpower, so there are major resource implications. However, the pact's commitment to ensuring that that resource is in place will always be in doubt as long as it continues to dedicate precious funds to employing community wardens rather than full-time police officers, as wardens do not have sufficient powers to deal with loan sharks or to give the public the confidence to report illegal moneylending without fear of reprisals. It is also essential to ensure that credit unions have sufficient capacity to offer instant loans and to manage high-risk borrowers.

Tackling personal debt and financial exclusion is an issue of social responsibility—we are all in it together. Government must ensure that we have fair and proportionate regulation; that consumer protection is in place; and that financial education and financial inclusion are promoted. If supervised attendance orders were available as a first disposal in the justice of the peace courts, that would go some way towards ensuring that potential victims of loan sharks could access money management services as soon as possible. Individuals must act responsibly and take into consideration the consequences of borrowing and spending. Civic society, charities and non-governmental organisations should be encouraged to devise innovative local solutions that address local issues in a way that centralised services cannot. Crucially, business must provide important financial advice and training that illustrates how success goes hand in hand with lending responsibly and acting with integrity.

Government, civic society and business must therefore all work in partnership and play their part in tackling personal debt and financial exclusion. My amendment acknowledges that fact whereas, by contrast, the Scottish National Party amendment is divisive.

I move amendment S2M-5669.2, to insert at end:

"recognises that an increase in the number of police walking our streets would encourage and give people more confidence to report the activities of illegal money lenders in local communities, and believes that tackling personal debt and financial exclusion is an issue of social responsibility."

In the same item of business

The Presiding Officer (Mr George Reid): NPA
Good morning. The first item of business is a debate on motion S2M-5669, in the name of Des McNulty, on dealing with illegal moneylenders.
The Deputy Minister for Communities (Des McNulty): Lab
We are here this morning to discuss the problem of loan sharks. By "loan sharks" I mean those who break the law by lending money, often at extortionate inter...
Stewart Stevenson (Banff and Buchan) (SNP): SNP
I join the minister in unreservedly condemning the actions of illegal moneylenders. How successful have we been, under the Proceeds of Crime Act 2002 or othe...
Des McNulty: Lab
I can give the member some figures in relation to the activities of the Glasgow illegal moneylending team. To date, 500 people have benefited from the prosec...
Christine Grahame (South of Scotland) (SNP): SNP
Now there is an admission.
Des McNulty: Lab
I hope that the SNP will support us in opposition. We will invite our partners, such as Citizens Advice Scotland, Money Advice Scotland and local authorities...
Mr Kenny MacAskill (Lothians) (SNP): SNP
In moving the amendment in my name, I say that we do not disagree with anything that the minister said. Clearly, the Executive is flagging up an issue that h...
Margaret Mitchell (Central Scotland) (Con): Con
I very much welcome this important debate, which focuses on what has become a huge problem throughout the UK—namely, consumer debt and the activities of ille...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD
The debate is a worthwhile one. I am indebted to the Rev Graham Blount for all his work on the issue. He is known to all of us, and is the secretary of the c...
Bill Aitken (Glasgow) (Con): Con
Is Mr Stone aware that much of the collection, intimidation and threatening behaviour that illegal moneylenders carry out is done on the streets and street c...
Mr Stone: LD
I take that point, but my point is that those activities are not overt, but covert. The police work that is involved has to be much more detailed and clever ...
Christine Grahame: SNP
From the member's comments, it seems that he supports the statement in the SNP amendment about the burden that legal moneylending puts on people. Is that the...
Mr Stone: LD
I am attracted to the SNP amendment, but the trouble is that I do not support separation, as I have said elsewhere. The motion and both amendments have merit...
Trish Godman (West Renfrewshire) (Lab): Lab
Some time ago—in 2002, I think—I was fortunate enough to secure a members' business debate on loan sharks. The Daily Record was running a campaign to expose ...
Ms Sandra White (Glasgow) (SNP): SNP
The minister said that the debate is about loan sharks—illegal moneylenders who do not have a licence to lend money. However, does he believe that it is okay...
Members:
Oh, come on!
Ms White: SNP
Members can intervene if they wish.
Cathie Craigie (Cumbernauld and Kilsyth) (Lab): Lab
If we take the member's argument to its logical conclusion, is the SNP saying that it would make tenants pay for repairs to owner-occupiers' houses? Does she...
Ms White: SNP
Owner-occupiers are quite happy to pay for repairs to their homes, but they simply cannot afford to pay £7,000 within a year. I want the minister to clarify ...
Patrick Harvie (Glasgow) (Green): Green
I welcome the opportunity to debate this issue. However, I struggled to find any information about issues such as credit unions and the debt arrangement sche...
Christine May (Central Fife) (Lab): Lab
Members have made some very good speeches on an issue that we are all concerned about, even if we have slightly different views on how to solve it.Unlike Pat...
Colin Fox (Lothians) (SSP): SSP
I wonder whether the minister is familiar with the lines that Woody Guthrie sang:"Some will rob you with a six-gunAnd some with a fountain pen."In the motion...
Mr Stone: LD
I mentioned it.
Colin Fox: SSP
Mr Stone also mentioned it, but he underplayed it, too. I will tell members why.Today, the Royal Bank of Scotland declared profits of £9.7 billion and, yeste...
Helen Eadie (Dunfermline East) (Lab): Lab
I join the minister in condemning illegal moneylenders unreservedly. He was right to say that there are many threads in the strategy to tackle the issue. The...
Bill Aitken (Glasgow) (Con): Con
Despite there being two amendments to the Executive's motion, the debate so far has been largely consensual. The Conservatives acknowledge the efforts that t...
Christine Grahame: SNP
I am interested to know how we can interfere with interest rates when we do not have the powers to do so in this Parliament. Is Mr Aitken suggesting that we ...
Bill Aitken: Con
No—that is not what I am suggesting. I was careful in what I said so that no one would think that I was suggesting that. I was simply pointing out arguments ...
Colin Fox: SSP
Perhaps Bill Aitken will unravel the great 21st century mystery of how the banks make their money. They lend at one rate and borrow at another. Is not that w...
Bill Aitken: Con
That was a rather simplistic argument. On the basis of the equation that Colin Fox advances, the money that the banks make has not been made, to any great ex...