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Seanad Éireann debate -
Wednesday, 24 Nov 1993

Vol. 138 No. 7

Adjournment Matters. - Charitable Lotteries.

There could be few more appropriate nights to bring up this motion than tonight because the prize fund for the National Lottery tonight is £2 million. Before one goes out to buy their card — it is now too late — this constitutes only the top prize. Although there are numerous other prizes as well, the top prize will entice many punters to buy the cards. The whole prize fund for charitable lotteries is limited to £10,000. This means that the best one can have for a top prize is approximately £6,000-£7,000. No matter how altruistic people are about supporting charities, they are bound to be swayed by the huge prizes offered by the national lottery.

The charitable lotteries constitute an important method of fund-raising in the voluntary sector. In the report, Charitable Giving and Volunteering in the Republic of Ireland, published in 1991 by the National College of Industrial Relations, the charity lottery ticket was one of the six most popular means of fund raising for the voluntary sector. The same report states that public donations to charities are approximately £250 million per annum. Of this amount, 6.5 per cent, or £16 million, is raised by charitable lotteries.

The important role of charitable lotteries has always been recognised by Government. Conscious that the voluntary sector relied on this form of fund raising for decades, the Government increased the prize fund for charitable lotteries before the launch of the national lottery in 1987 so as to enable the charitable lotteries to compete with the new national lottery. Prior to 1987 the Gaming and Lotteries Act, 1956, imposed a limit of £500 on the weekly prizes. However, in 1987 the then Minister for Justice, Deputy Dukes, increased the limit to £10,000 by statutory instrument. The Minister was empowered to do so under section 33 of the National Lottery Act, 1986.

In 1986 the then Taoiseach, Deputy Garret FitzGerald, gave two commitments to charities when the national lottery was instituted. First, he stated that the national lottery would not affect the general fund raising activities of other charities and, secondly, that charities which were fund raising by means of lotteries would be allowed to compete with the national lottery. Neither of these commitments has been honoured.

It is estimated that £20 million to £25 million of the £252 million spent by the public on the national lottery in 1992 was at the expense of charities. These charities have been unable to compete on an equal basis with the national lottery, which now accounts for 94 per cent of the Irish lottery business, because of the restriction on prize funds in charitable lotteries to £10,000 per week. Charities have not been major beneficiaries from the national lottery. In 1992 the annual report of the national lottery stated that the total cumulative grants to voluntary bodies in the social welfare area was just over £8 million for the period 1987-92. This figure represents 2.4 per cent of the national lottery's surplus during the same period, or £350 per charity of the 4,000 charities in the voluntary sector in Ireland.

When the national lottery was launched in 1987, it was evident that it was having a negative impact on the voluntary sector. Six years have passed since then and the matter has now reached crisis proportions. Some 16 of Ireland's leading charities who depended on lotteries as a means of fund raising made a submission to the then Taoiseach in June 1991 to increase the prize fund. These charities included the Alzheimers Society of Ireland, the Central Remedial Clinic, The Cheshire Foundation in Ireland, Clashganna Mills, Galway Association for Mentally Handicapped Children, the Mater Foundation, Multiple Sclerosis Care Foundation, The Multiple Sclerosis Society of Ireland, Cerebral Palsy Ireland, Our Lady's Hospital for Sick Children Research, The Polio Fellowship of Ireland, the Rehabilitation Institute, St. Michael's House, St. Patrick's Hospital in Cork, St. Vincent's Hospital Educational Trust, and Special Olympics Ireland.

While the charitable lotteries would like to see the prize fund based on a percentage of the lottery income rather than on a finite sum, in the long term they would like the Minister for Justice, Deputy Geoghegan-Quinn, to increase the prize fund limit from £10,000 to £250,000 in the interim. This could be done immediately by statutory order, as the Minister knows. This would allow the charitable lotteries to give other large prizes as well as a top prize of £100,000.

It is worth making the point that the British Government increased the top prize money in their charitable lotteries from £12,500 to £100,000 when drafting their new national lottery legislation. The British Government made this decision after studying the negative effect which the national lottery in Ireland had on our charities.

There is no need for me to remind the Minister that if the voluntary sector did not exist, the funding for the services would have to be provided by the Exchequer. Consequently, direct support from the public to these charities is a substitute for Exchequer funding in the same way as the national lottery supports art, culture, the health services and so on.

This is an important problem and the Irish charitable lotteries, which have only a small share of the lottery in Ireland — it is only 6 per cent — should be helped immediately so that its existing share is not further eroded. Otherwise, its fund raising money will be negligible. This would be a great Christmas present for the charities. I ask the Minister to give it favourable consideration.

I forgot to ask if I could share my time with Senator Belton?

Is that agreed? Agreed.

I want to add my voice to the call made this evening by Senator Henry to increase the prize funds for charitable lotteries to £250,000. The charitable organisations referred to are different groups who cater for needs in many areas. I want to specifically mention the Rehabilitation Institute. Recently, I had the opportunity to visit one of their centres. I want to put on the record of the House the areas which this centre deals with, including courses in agriculture, horticulture, upholstery, industrial skills, confectionery skills and professional cookery and catering courses. This is a voluntary organisation which is catering for the needs of special individuals. It is one of the charitable organisations referred to this evening. As Senator Henry mentioned, the Rehabilitation Institute has taken over a State responsibility. However, the State has a responsibility to support the institute's fund-raising activities.

This request is a reasonable one, especially when one considers that someone could have won £2 million this evening in the national lottery. I do not know the numbers yet, but I hope I have won it. However, someone could have won £2 million for £1. The full prize fund per week in other lotteries is £10,000. One must agree that this is not a fair balance. If this happened in the trading world, many people would be annoyed. Therefore, we ask the Minister for Justice to raise the prize fund to £250,000 and allow these charitable organisations to give an opportunity to young people and people in need.

I thank Senator Henry and Senator Belton for raising this matter. I apologise for the absence of the Minister for Justice, who has asked me to reply on her behalf. As Senator Belton said, I would also like to win the £2 million tonight, but I would be prepared to share it.

The Minister for Justice is conversant with the request received from the Rehabilitation Institute and a number of other charitable organisations for an increase in the value of prizes which may be awarded in a lottery licence under the Gaming and Lotteries Act, 1956. She had a meeting with representatives of the Rehabilitation Institute in relation to this issue. Under a provision introduced in the National Lottery Act, 1986, the Minister for Justice is empowered to make a statutory order fixing the total value of prizes in lotteries under the 1956 Act. Such lotteries are confined to charitable and philanthropic organisations. The limits originally fixed under the 1956 Act remained unaltered until 1987 when, at the time of the launch of the national lottery, the charitable lottery prize limits were substantially increased by an order of the then Minister for Justice. The Senator already mentioned this.

The operation of charitable lotteries was inter alia considered by a committee under the chairmanship of Mr. Justice Declan Costello which reported to the Minister for Justice in 1990. Senators will also recall that the Programme for a Partnership Government contains a commitment to introduce tighter controls on charities and street collections in line with the recommendations of the Costello report. Work on the preparation of the requisite legislation is proceeding in the Department of Justice. The Minister's proposals will be announced in the usual way in due course.

The Senator has contrasted the position of charitable lotteries with the national lottery. It must be borne in mind, however, that the purpose of the National Lottery Act, 1986, was to establish one national lottery whereas the intention of the Gaming and Lotteries Act, 1956, was to allow for the operation of local private charitable lotteries. It is accepted, however, that many charitable lotteries are now operating on a nationwide basis on foot of High Court decisions over the years brought to challenge the validity of provisions in the 1956 Act. This aspect will be considered in formulating the controlling and regulating mechanisms which are to apply in the future.

The Senator's motion mentions an increased prize fund of £250,000. The Minister will be carefully reviewing the various submissions and representations she has received on the matter before making her decision on new prize limits and her decision will be announced in due course. Further matters which the Minister will examine, and to which reference was made, are the difficulties encountered by charitable organisations in complying with Garda administrative regulations which set out the accounting and other records that a lottery licensee must keep and the returns which must be submitted to the relevant Garda superintendent who licences the lottery. Since charitable lotteries are now generally run on a nationwide rather than a local basis, compliance with the current regulations imposes a considerable burden on that particular organisation.

The Minister accepts that the regulations, which were drawn up over 30 years ago by the Commissioner of the Garda Síochána with the consent of the Minister for Justice, are outdated. The Minister proposes accordingly to contact the Commissioner of the Garda Síochána with a view to revising the regulations. In view of what has been said this evening, with much of which I agree, I will bring those representations to the attention of the Minister.

I hope "in due course" is not even longer than "shortly". This is most urgent and the charities are badly in need of money. The administration costs of running lotteries are high.

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