4 WIRRAL COUNCIL CABINET – 12 December 2007 REPORT OF THE DIRECTOR OF REGENERATION EXTENSION OF THE HM TREASURY ILLEGAL MONEY LENDING PROJECT 1.0 EXECUTIVE SUMMARY 1.1 To seek Cabinet approval to authorise officers of Birmingham City Council, funded by direct grant from HM Treasury, to carry out investigations into illegal moneylending and conduct prosecutions, in Wirral. 2.0 BACKGROUND 2.1 The Consumer Credit Act regulates credit provision in the UK and establishes a licensing regime for the credit industry. There is a duty on each local Weights and Measures Authority (Wirral MBC) to enforce the provisions of the Act. 2.2 Illegal moneylenders, commonly referred to as loan sharks, work outside of the regulatory regime, offering cash loans to the most vulnerable in the community. Illegal moneylenders do not provide written agreements or details of the often extortionate interest charged. A money transaction of this kind is normally unenforceable in law and therefore bad payers are intimidated to ensure the capital and the interest is repaid. 2.3 In recognition that enforcement is specialised and resource intensive two pilot loan shark teams were set up in 2005 in Glasgow and Birmingham and embedded into the Trading Standards Services of those two authorities. Their brief was to investigate illegal money lenders. This type of enforcement activities relies heavily on observations and surveillance as well as developing strong links with intelligence sources and databases. 2.4 The Birmingham team has so far dealt with 25 illegal moneylenders, with punishments ranging from fines and community punishment orders to prison sentences. The most serious sentence so far imposed was three years nine months. 2.5 Accepting that these criminals do not recognise local authority boundaries as part of the trial the Birmingham scheme was extended to neighbouring authorities in the Midlands. 2.6 The team has the resources to conduct 24 hour surveillance, arrange emergency accommodation for vulnerable witnesses and has dedicated legal support. In view of the serious nature of the offences investigated, including assault and blackmail, all offences are committed to Crown Court. 2.7 Experience has shown that simply prosecuting and jailing illegal money lenders does not necessarily eradicate the problems of access to adequate loan provision in deprived areas and the investigation team now has additional support from Financial Inclusion Partnership Officers (FIPO). The FIPOs role is to work with local communities, when illegal money lending has been investigated, to encourage involvement in credit unions. 3.0 EXTENSION OF THE PROJECT 3.1 In December 2006, the Department of Trade and Industry and HM Treasury announced a joint initiative to extend the successful work of the two pilot projects and to extend the pilot to investigate illegal moneylenders operating in Leeds, Sheffield and Liverpool. Following representations from local authorities the remit has been extended to the whole of the North West. HM Treasury are reviewing further funding and an announcement is awaited. 3.2 In view of the tight implementation timescale Liverpool City Council has agreed that investigation work will be delegated to the Birmingham team, which has the required core skills. 3.3 The project will be widely advertised in the Merseyside area and may lead to complaints concerning loan sharking activity in Wirral. Where there is evidence of illegal money lending the Birmingham team would have the appropriate skills to conduct an investigation but would not have the necessary legal authority. 3.4 The ability of the Birmingham team to conduct investigations and institute legal proceedings is an opportunity to provide added value to Wirral residents and would contribute to the objective of reducing financial exclusion, contained in the Anti-Poverty strategy for Wirral. 3.5 Section 101 of the Local Government Act 1972 will enable Wirral to enter into an agreement with Birmingham City Council for officers of Birmingham City Council to undertake Wirral’s investigations in respect of Part Three of the Consumer Credit Act concerning illegal money lending in Wirral until 31st March 2009, subject to further funding being provided from HM Treasury (and in respect of any investigation commenced before that date), at any time after 31st March 2009. 4.0 AUTHORISATION OF POWERS 4.1 In order to enable Wirral residents to potentially benefit from the additional resource to investigate illegal money lending activity within Wirral it is necessary to provide specific authorisations to Birmingham City Council officers, namely: 4.1.1 To be authorised by Wirral Council under the provisions of Part Three of the Consumer Credit Act 1974, relating to unlicensed money lending; 4.1.2 To be authorised by Wirral Council to take any necessary steps to further investigations into unlicensed moneylending, for example under the Regulation of Investigatory Powers Act 2000 or the Proceeds of Crime Act 2000; 4.1.3 To institute proceedings in the Magistrates’ Court for any offences (under any legislation whether in force now or brought into force at any future date) alleged to have been committed during the course of the activities of an alleged unlicensed moneylender, whether by the alleged unlicensed moneylender him/herself or any other person; 4.1.4 To institute proceedings under the Proceeds of Crime Act 2000 following the conviction of any unlicensed moneylender. 4.2 Additionally Cabinet’s authorisation is sought to enable the Director of Regeneration to agree, on behalf of Wirral Council, to extend the agreement if HM Treasury agree to extend funding beyond 31st March 2009. 5.0 FINANCIAL IMPLICATIONS 5.1 Enabling Birmingham City Council to undertake investigations into illegal moneylending will have no financial implications. 6.0 STAFFING IMPLICATIONS 6.1 Enabling Birmingham City Council to undertake investigations into illegal moneylending will have no staffing implications. 7.0 EQUAL OPPORTUNITIES IMPLICATIONS 7.1 Effective enforcement of illegal money lending measures will contribute to a reduction in social and financial exclusion. 8.0 HUMAN RIGHTS IMPLICATIONS 8.1 Investigations conducted on behalf of Wirral by Birmingham City Council will be in accordance with the Regulation of Investigatory Powers Act 2000 and in accordance with Birmingham City Council’s enforcement policy. 9.0 LOCAL AGENDA 21 IMPLICATIONS 9.1 There are none arising directly from this report. 10.0 COMMUNITY SAFETY IMPLICATIONS 10.1 Effective enforcement will reduce the fear of crime, particularly amongst the financially disadvantaged. 11.0 PLANNING IMPLICATIONS 11.1 There are none arising directly from this report. 12.0 ANTI-POVERTY IMPLICATIONS 12.1 Effective enforcement of the Consumer Credit Act against illegal money lending will reduce the risk of those financially disadvantaged paying disproportionate levels of interest. 13.0 SOCIAL INCLUSION IMPLICATIONS 13.1 Action against illegal moneylenders supported by a Financial Inclusion Partnership strategy will encourage a greater reliance on legitimate sources of credit such as credit unions. 14.0 LOCAL MEMBER SUPPORT IMPLICATIONS 14.1 There is limited intelligence that illegal moneylenders operating in Wirral. 15.0 BACKGROUND PAPERS 15.1 Protocol for illegal money lending team investigations. 15.2 Enforcement policy Birmingham City Council. 16.0 RECOMMENDATIONS 16.1 That the proposals to authorise Birmingham City Council Officers as set out in section 4.0 of this report, be agreed. Alan Stennard Director of Regeneration This report was prepared by John Malone who can be contacted on 691 8640.