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Dáil Éireann debate -
Wednesday, 22 Feb 1956

Vol. 154 No. 5

Vote put and agreed to. - Greyhound Industry Bill, 1955—Committee Stage (Resumed).

Debate resumed on amendment No. 7:—
SECTION 16.
In sub-section (1), before paragraph (c), to insert the following new paragraph:—
(c) the grant of such sums to greyhound racetrack executives as may be required to cover the difference between the track charges to bookmakers under Section 48 and the track charges in force prior to the appointed day for this Act. —(Deputy Walsh.)

Before the adjournment last week we had reached this amendment and it appeared to me, as a result of a little friendly cross-talk, that the Minister was disposed, if not to full agreement, to some agreement to what is in the amendment. The purpose of the amendment is that entrance fees to bookmakers, who make their living by attending these tracks, shall not exceed five times the charge to the public. The amendment envisages a certain situation. We are aware that there are certain small greyhound tracks in various parts of the country that would never pay their way were it not for the fact that the limited number of bookmakers who attend and do business on those tracks have an agreement with the racetrack owners. In one particular case, some ten bookmakers attend and they pay £2 each per night irrespective of the entrance charge, even if they do not attend the meeting. They do that in order that the racetrack may be economic and that it will be open to them to make their living.

The big tracks in the City of Dublin earn a substantial margin of profit from the heavy entrance charge to bookmakers. In the case of Shelbourne Park, it is well known that the entrance charge to the bookmaker to-day is 32/- although the entrance charge to the public is 3/6. Obviously, in the case of the small country track, an arrangement such as suggested in the amendment might possibly involve loss and it is suggested that the board be empowered, if satisfied that the loss has accrued from the acceptance of the amendment, to give a grant to the particular track out of its overall income.

The amounts involved in the case of the small country track that I speak of will not be very big. On the other hand, the fair treatment of the large number of bookmakers in the big areas must be taken into account. There must be some equity. In the case of some racetracks—one in particular— this 32/- entrance charge is of recent arrangement and some people believe that it was in anticipation of this Bill. I would ask the Minister to accept what is regarded as reasonable in other forms of sport. In the case of horse racing, this is enshrined in the Racing Act. What I am asking him to do is to accept the amendment which will ensure that no bookmaker will be charged more than five times the entrance charge to the public and, where it can be shown that a loss has accrued to a particular country track, the board will have power to give a grant to make good that loss.

The Minister may have had an opportunity of getting further advice from his officials as a result, possibly, of his direction to them to examine it further. I said on Second Reading and I say again—it is very relevant to this particular amendment — that I believe, in the case of the City of Dublin, where, certainly, the tote will be installed in both racetracks, that the added attraction of the tote will mean increased attendance, which means increased gate money, apart from the operations on the tote. I am convinced — and I have made inquiries and have discussed this matter with people who should know — that a definite increase in attendance will occur.

We have to be reasonable in our approach. The bookmakers will pay another form of levy to the board. In other words, they will pay a levy for a certain period of years, at least until the tote produces enough revenue to pay for itself. If the position remains as it is, in addition to these very heavy entrance charges, they will be asked to subsidise something that will be in competition with them. I think the Minister will see that point. This amendment asks for equity. If the Minister does not accept the amendment as drafted I should like him to say that he is prepared to give some undertaking that the protection that we seek will be enshrined in the Bill. If he does so, we can deal with it again on Report Stage.

There is no need for us to argue across the House as if we were concerned about personalities. We are only concerned with justice and fair play.

This amendment is related to Section 48. Section 48 deals with the levies and the other possible forms of charge. I mentioned on Second Stage that if this "five times" charge as a ceiling were agreed then it might be better, in view of the levy, to say that, whatever the charge is to the bookmaker for entrance, a similar amount could be extracted from him as a contribution to the board — in other words, that if the entrance to one part of the track in Dublin is 3/6, which, multiplied by five makes 17/6, each bookmaker will also pay 17/6 towards the cost of the board.

I should like at this stage also to suggest to the Minister that some consideration should be given to the State revenue point of view. I should like the Minister to note that if I pay 3/6 entrance charge, the racetrack company must extract 9d. entertainment tax, but if a bookmaker pays 32/6 the State still gets only 9d. of that. There seems to be something illogical in that. The Parliamentary Secretary talked about approaching matters logically.

I shall not say much more on this matter at the moment but would sum up in this way: I ask the Minister to agree as far as this section is concerned that no racetrack shall be entitled to charge a bookmaker more than five times the entrance fee, except in cases where it can be shown that a loss has occurred to the racetrack, and it can only occur in a small country place. All it will do in Dublin is to cut down the margin of profit, which I say will be regained by the added attendances and by the additional sale of programmes which, I believe, produce very substantial revenue at the moment. Will the Minister accept that?

I am most anxious to meet the Opposition on any amendment where I can meet them, and I hope that opportunity will arise in later amendments, but I would ask Deputy Briscoe not to press this on behalf of Deputy Walsh, because I do not think it is a good amendment for several reasons. One is that it is an invitation to racetracks to raise what they claim to be the proper fee for bookmakers in the confident anticipation that, no matter what figure they raise it to, if the board make an order controlling entrance fees for bookmakers thereafter and that controlled entrance fee was only five times the ordinary admission charge, the board would have to carry the difference, whatever it was.

I think Deputy Briscoe may have overlooked the fact that there is no obligation on the board to make any order at all. Perhaps the Deputy will recall that I tried to emphasise at several stages that this is not a Bill to give me or the Minister for Agriculture, whoever he may be, the power to run the greyhound industry. It is a Bill designed to give to the controlling board the power that the existing controlling board, such as it is, had not got and therefore could not use to control the industry. I want to equip a board properly to control the industry; the whole country wants a board representative of all the interests with powers to run the business properly. When we come down to the consideration of this particular problem, the board has the power to do one of three things. It can decide it will not exercise that power to control entrance fees and to leave things as they are— a matter of bargaining between the bookmakers and the track owners as to what will be a fair entrance fee for the bookmakers.

Look at sub-section (1) of Section 48.

It says: "The board may by regulation." It does not say "the board shall."

On that point, I asked the Minister at the very beginning whether "may" meant "shall," and he said the "may" meant "shall."

I beg the Deputy's pardon if I misled him. The board have permissive power and if they make up their minds that the best thing is to leave things as they are, then, they may make no order; but if they determine that they have a duty to make the order, then they can, without reference to any outside authority, fix an entrance fee for bookmakers, not in excess of five times the charge made to ordinary patrons. But supposing in respect of some rural track, it seems appropriate that the track owner should be allowed to charge more than five times the ordinary admission fee and they decide he should be allowed to take seven, eight or nine times the ordinary fee from bookmakers, that can only be done by an order of the board, subject to the sanction of the Minister for Agriculture.

Unless they decide to leave the whole matter alone——

They can leave things as they are and let the bookmakers make any bargain they like with the track owners. That is the present position. Or they can make an order allowing the track owners to charge five times the ordinary fee, and if they make an order sanctioning more than five times, it is inoperative without the Order of the Minister. Deputy Briscoe pointed out that all the information he can pick up leads him to believe that the developments likely to ensue on the enactment of this Bill will mean increased revenue. I thoroughly agree with him. I have not introduced this Bill in order that we should waste time. Our whole object is to raise the whole standard of this business to a level which will attract more patrons to an honest, well-run sport. If that object is achieved, it means that the bookmaker will also get more patronage and that he will do more business.

What about the tote?

Everybody seems so gloomily pessimistic. What are we breaking our necks for passing legislation, if we are not going to make the business better than it was? Deputy Briscoe says it is a hardship that the bookmakers should have to pay a levy to the board. That is an illusion. They will not pay any levy. They will collect a levy from the punter and pay that to the board. They will pay nothing themselves. If you lay 2/6 on a dog with a bookmaker, the bookmaker has to pay to the revenue the duty on that, whatever it may be, and suppose you lay 2/6 on a dog at four to one and the dog wins, the bookmaker must pay you 12/6, but he collects a levy on the whole 12/6, only paying the levy on 2/6.

That is a good thing.

I think it is pretty generally assumed that by and large this works out that the levy which the bookmaker collects from the better on the four half-crowns he wins in respect of which the bookmaker has not to pay anything balances up the levy he has to pay on the losing bets. The bookmaker simply acts as an agent to collect a levy from the punter. There is no levy on the bookmaker at all. What we are trying to do is to make this business a more enduring and a more satisfactory field of activity for the bookmaker. Are we asking the bookmakers too much when we ask them to collect a levy from the better and pass it on to the revenue? The only people who make no complaint are the people who will have to pay.

We are talking about entrance fees.

Surely Deputy Briscoe did dwell on this aspect of the matter. The Deputy may have only mentioned it as an aside. Of course some asides are pregnant with meaning, and very often——

You need not give birth to quintuplets here.

You have often to deal with those asides when they are first made or they come to be accepted as sensible. Nobody is asking the bookies to pay anything to anybody. All that is being asked is that, in respect of the levy, the bookies will collect that for the benefit of the revenue. The Bill as at present drafted without this amendment imposes no obligation on the board to change the existing situation, which results from the free negotiation of the bookmakers and the racetracks, but if the board, having taken over responsibility for the whole industry, determines that in the interest of the industry it is necessary to intervene and control the free contractual relation between the bookmakers and the racetracks they have the power, if they wish to use it. But if they wish to use it in any way which would involve the bookmaker in paying more than five times the entrance fee, they can only do that by proving to the Minister for Agriculture that it is in the best interests of all that they should. Surely that is a reasonable approach to this if we believe that it is the board which should run the industry and not Oireachtas Éireann or the Minister for Agriculture.

A proper board.

I want to submit to the House most earnestly that we ought all of us firmly to resolve to hand this business over to the board and let the board run it, and not to attempt to reserve to Dáil Éireann or Oireachtas Éireann any responsibility for the day-to-day running of its business. My friend and colleague Deputy Mrs. O'Carroll says "a proper board". Need I add anything when I say that I shall appoint the board?

Can my charming colleague doubt the quality of the board?

There is one issue that I think the Minister will have to come back to. The Minister says that the position is that the board need not interfere at all, but if it interferes it can only impose up to a maximum of five times other than with the consent of the Minister. But we are getting away from the basic principle — if I might stress, not a difference but a variance with the Minister. What we are looking for here is the enshrinement of a principle that nothing will operate to allow anybody to fix an arbitrary figure that can be charged to the bookmaker. I am not going to argue with the Minister on the question of whether it should be five or six or seven times, but I want to make the point that there should be a maximum ceiling beyond which legislation would not permit even the board to go.

That is right.

That is the point, as I suggest to the Minister, on which I am not in difference but in variation of purpose with him. I will give him credit for his purpose, and in all reasonable circumstances the belief would be justified that the present system could work out in an equitable way, but it is to provide against the possibility that the board could be used for an improper purpose that I suggest to the Minister not to accept the amendment in its present form. Between this and the Report Stage it might be possible to work out a formula that would ensure that some maximum ceiling could be agreed on, so that the bookmaking fraternity would at least have the security that, once they conducted their business in the normal way and did not in any way transgress any rules or regulations the track might lay down, they could not be stopped from working their business economically merely because of some extravagant claim that might be made, and possibly approved of, by some subsequent occupant of the office the Minister now occupies. It is a very net point, and the Minister may feel that I am possibly being unnecessarily argumentative on the issue, but it is to enshrine in the Bill the principle of a maximum beyond which nobody can go that I am urging him.

I am not going to follow Deputy Briscoe's line of argument, even though I might be aware of it, in relation to the position of bookmakers at the populous centres and the fact that there is a very substantial revenue derived from various racecourse executives by virtue of their continued patronage and that in their particular case an adjustment of prices can be fixed. I am prepared to agree that there can be a case made in relation to country tracks that the bookmaker should pay more.

I know that the Minister will say to me: "But the arrangement at the moment, Deputy, is that there is free negotiation between the track and the bookmakers to fix those prices". But our circumstances are going to alter. We are going to endeavour to put this industry on a much sounder financial basis and hope to make the greyhound industry generally improved by this legislation, and enable the board to establish the industry on a more worthwhile, strong, and sound economic position. I feel that the Minister will agree with me that, in the establishment of such a situation, he should not ask any one section of the interests supporting the greyhound industry to carry an excess share of the burden. I submit to him that if we cannot find a formula under which the bookmaker will find reasonable charges to enable him to carry on his livelihood as a bookmaker up to some maximum ceiling, and that, irrespective of any occupant of the office of Minister for Agriculture or any regulation, it will not exceed the maximum, he will naturally feel that he is not in a secure position.

I am not going to argue as to where it should be — whether it should be three times, four times, six times or seven times. All I want to say is that between this and the Report Stage, as I have suggested, the Minister should in all earnestness, let us have some kind of a representative conference between the interests affected, because from my discussions in the last couple of days, I find that there is an anxiety between them to iron out a common denominator that can become the basic principle in the charge of admission section. If the Minister would give us an assurance that between this and the Report Stage such a discussion could take place, and that he would meet that kind of a situation by an amendment on the Report Stage, our anxieties in connection with Section 16 would be completely allayed.

Might I ask Deputy MacEntee to do this — withdraw this amendment, and let us get on to amendment No. 20 to-night, for the purpose of having at least one amendment whereon we could find common ground? We can debate this whole general issue again on Section 48. If Deputy Briscoe would like to put this amendment down on the Report Stage I will agree to its recommittal, to have a full Committee discussion on it again in case it is inadequately discussed to-night. I would like to think that we could get on to the next amendment so that before nine at least there will be one amendment on which it is made manifest that the House is not divided on entirely Party lines.

Could we not postpone amendment No. 20?

All I want agreement on is to recommit it and discuss it again on Report Stage.

Perhaps the Minister's suggestion might be more acceptable if we had some assurance from him that he was prepared to consider sympathetically the case of the small racing tracks which this amendment is really designed to help. I think it is quite clear from amendment No. 24 to Section 48 that he visualises as much as five times the normal admission charge to bookmakers. But if you are to apply that as Deputy Briscoe has said to the small greyhound track you would put them out of business. I think the Minister visualises that when he says that if admission charges to bookmakers are going to exceed five times the admission charge to the public, then it will have to be done with the consent of the Minister.

We should like to have some close consideration given to the small racetracks because they are not likely to have totalisators. They are, however, important from the point of view of the greyhound breeder in whose district these tracks exist and also, of course, from the point of view of the bookmakers who attend them night after night. Therefore, we do not want — simply by having a blanket ceiling which would cover everybody and would stabilise the prices charged to bookmakers for admission to the tracks at five times that to the general public — to put the small tracks out of business. We are anxious to ensure, if we can, that while the charges to the bookmaker on small tracks where there are no totalisators will remain reasonable, at the same time, if these charges, in order to fulfil the conditions of reasonableness, have to be reduced below the level at which they stand now, the board, looking at the industry as a whole, will be empowered to compensate the smaller tracks for any losses they may sustain.

If we could have an assurance from the Minister that he was prepared to consider that problem sympathetically and if he would bring in an amendment between now and the Report Stage which would meet our point of view we would like to facilitate him and we would withdraw the amendment at this stage, and allow him to proceed.

I do not believe I would be able to accept the amendment——

Not perhaps in its present form, but can the Minister say he will accept the principle underlying it, which is this, that some special provision must be made, first of all, to fulfil two conditions — to ensure that bookmakers are not charged excessive prices for admission to any track and, secondly, where prices for admission charged to bookmakers have to be fixed at such low levels that small tracks would suffer, that the board will do something to ensure they will be compensated for the loss which may result when the board operates to reduce charges to bookmakers.

I am quite prepared to consider that. If I am going to accept this device——

May I make a suggestion? Would the Minister devise an amendment which would arrange to protect Deputy Collins's point of view in relation to the small tracks—that the charge fixed will not be lower than the charge in existence to-day?

I am prepared to consider all these matters on the Report Stage and, if necessary, to offer Deputy Briscoe recommittal, if he wants that.

I am agreeable to that provided the Minister will also agree to make a note now to consider the possibility of differentiating between tracks that have totes and tracks that have not——

That is, of course, intended.

On the understanding then that the Minister will consider the matter.

There are no commitments on either side and Deputy Briscoe is entitled to ask Deputy Walsh to put the amendment down again and ask for a recommittal.

It is definitely agreed that this is also appropriate to another section, Section 48?

At your pleasure.

Amendment, by leave, withdrawn.
Section 16 agreed to.
Sections 17 and 18 agreed to.
SECTION 19.
Question proposed: "That Section 19 stand part of the Bill."

This is bound up to some extent with an amendment which appears later in respect of the Schedule, where it is provided in the amendment, I think, that certain accounts of the clubs will be presented to the board and the board will present them to the House. We have jumped so quickly that I just cannot put my hand on it, but it is very important that very full accounts should be presented to the House in relation to this matter.

Is there an amendment down about that?

Yes, I think there is if I can find it.

It is the last one on the page, amendment No. 40.

That will come up on the Schedule.

I want to make sure it will. I want to mention the matter on this section to safeguard my right to put down an amendment for the Report Stage if I think an amendment is called for.

Conceded.

Question put and agreed to.
SECTION 20.
The following amendment appeared in the name of Deputy Walsh:—
To add to the section a new subsection as follows:—
(2) Nothing in such totalisator licence shall authorise the board to carry on or permit any other person or body to carry on credit betting on a totalisator.

On amendment No. 8, I want to make this proposal. I can see the force of the proposal made here but I think there are two sides to this question. What I should like to see in regard to this amendment is — if it would be agreeable to Deputies — that everybody should speak his mind freely on the principle here enshrined and, having discussed it fully, let us turn over in our minds between this and the Report Stage the various arguments on both sides of the House. I am prepared to ask the Government to accept a free vote on this. I do not think it is a question on which I can coerce any man's conscience and I think it is an eminently suitable occasion to discuss in a rational way the pros and cons and having considered the arguments put it down for discussion on the Report Stage.

The Minister referred to an amendment and the purpose of the amendment has not been explained. The purpose is to ensure that it shall not be lawful——

That you cannot bet on tick.

——for any group of people to get together and outside the precincts of the racetrack where there is a tote, set up a business of tote credit betting. I am prepared to say that is something that could become a very grievous social problem. It is all right if I, with 20/- in my pocket, go to the greyhound track and lose it either to bookmakers or to the tote, but it is all wrong if I can arrange to have credit bets with a body not part of the tote group under the board.

Does the Deputy distinguish between amendments Nos. 8 and 9 in principle?

There is a very big distinction.

Yes, there is a big difference.

Is the Deputy thinking of a parallel in dog racing to the tote investors?

I think that clears the air.

To be perfectly frank, I never knew there was any difference between the tote and the tote investors. We live and learn.

If the framers of the Racing Bill had known, then they would have provided for them.

Progress reported; Committee to sit again.
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