andMr. Coughlan asked the Minister for Justice if he is of opinion that Section 4 of the Gaming and Lotteries Act, 1956, has been, and is being, abused, and that it would be in the public interest to investigate such abuses.
Ceisteanna—Questions. Oral Answers. - Gaming and Lotteries Act, 1956.
37.
Section 4 of the Act is the basic section which prohibits unlawful gaming. In effect, it defines unlawful gaming and goes on to provide that where certain conditions are fulfilled the gaming will not be unlawful. I assume that by "abuses" the Deputy means practices which are not unlawful but which, in his opinion, ought to be unlawful. As I do not know what practices the Deputy has in mind, I can only suggest that he repeat the question in more specific terms.
38.
andMr. Barrett asked the Minister for Justice if the game of roulette has been played publicly in a number of Dublin premises in recent months contrary to law; and, if so, if there have been, or are about to be, any prosecutions arising from the circumstances.
I am informed by the Garda Síochána that they are not aware of any such cases.
39.
andMr. Barrett asked the Minister for Justice if he will give details of the number of slot machines operating in gambling premises in Dublin; if he is aware that the vast majority of such machines are being operated in contravention of Section 10 of the Gaming and Lotteries Act, 1956, inasmuch that they are designed to deliver, when successfully operated, a money prize; and why the operators or owners of such machines have not been prosecuted.
40.
andMr. McAuliffe asked the Minister for Justice whether he is aware that large numbers of slot machines designed to deliver money prizes are at present in operation in this country, contrary to section 10 of the Gaming and Lotteries Act, 1956; and that many such machines are designed to circumvent the provisions of the section by delivering the money prize through the back of the machine rather than the front; whether he will cause a thorough investigation into the operation of such machines without delay; and what steps he intends to take to enforce the law as to the operation of slot machines delivering money prizes.
41.
andMr. McAuliffe asked the Minister for Justice whether he is aware that a large number of slot machines which deliver money prizes, and which are manufactured in the United States of America, are at present being operated in this country; whether such machines are imported under licence; and, if so, how many of such machines are operating in (a) Dublin and (b) the rest of the country.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 39 to 41 together.
These questions seem to be based on a misunderstanding. Provided a slot machine is so arranged that it does not deliver money prizes direct to the player, without the intervention of an attendant, it is not considered to be in contravention of Section 10. Furthermore, there is no question of this being in any sense a circumvention of the law necessitating amending legislation since the operation of slot machines in this fashion was clearly foreseen in the framing of the 1956 legislation and, in fact, the operation of slot machines as a form of gaming is explicitly envisaged by Section 4 (i) (c) of the Act. Provided, therefore, their operation is covered by the licence attaching to the premises, the operation of such machines in the manner mentioned is not in breach of the law, and no question of a prosecution arises. I have no information as to the number of machines in operation in the State and, in view of what I have said. I have no grounds for undertaking a special survey in the matter.
42.
andMr. McAuliffe asked the Minister for Justice whether he is aware that, in a large number of Bingo saloons at present operating in this country, the tickets are sold at a price higher than sixpence; that the maximum prizes are considerably in excess of ten shillings; and that taking part in the game enables the participant to take part in a further pool lottery, all of which practices are contrary to section 25 of the Gaming and Lotteries Act, 1956; and what steps he intends to take to enforce the law in the operation of such lotteries.
The position is not as clear-cut as the question suggests. Certain aspects of the matter have already come before the courts and are awaiting final clarification. Apart from that, I am informed that the Garda Síochána have submitted reports in some other cases to the Attorney General for a decision as to whether criminal proceedings are warranted. In view of the fact that the questions at issue are likely to come up for determination by the courts, I do not consider that it would be appropriate for me to go into any further details.