I thank Senator Sherlock for giving me an opportunity to speak to the House and to inform it about the situation relating to the criteria for the granting of lottery licences. I am replying on behalf of the Minister for Justice, Deputy Owen, who apologises that she could not be here today as she is attending to other urgent business.
The Minister is aware of the case which has led the Senator to raise this issue. She has obtained a report from the Garda about this particular case and I know the matter is being looked at closely. I acknowledge that this is a matter of concern to Senator Sherlock, particularly as the case in question occurred in his home town.
Let me say at the outset that the role of the Minister for Justice is in relation to the regulation of the particular type of lotteries which have been operated for many years. The Minister has no role in regard to the national lottery and the Adjournment Matter debated here today is not concerned in any way with the selling of tickets for the national lottery or national lottery scratch cards. The primary legislation governing local lotteries is contained in the Gaming and Lotteries Act, 1956. Under section 28 of that Act, the District Court is the authority empowered to grant a licence for the promotion of a periodical lottery. A periodical lottery is one which is conducted over a continuing period, generally at intervals of one week. The procedural requirements are set out in the Periodical Lottery Regulations, 1961.
In the particular case referred to by the Senator, the District Court granted a licence on condition that all of the existing regulations will be adhered to in future and it is understood that the applicant has given a commitment that this will happen.
In making a decision on any case, the courts are subject only to the Constitution and the law and they are, therefore, independent in the exercise of their functions. It is not open to the Minister to comment or to intervene in any way in the conduct or outcome of any particular court case, whether it is a criminal case or any one of the various types of licensing applications which come before the courts.
However, the Minister is aware that during the court hearing concerning this case, various factors were commented on and the District Court judge, having taken all the factors of the case into account, decided to grant the application for the periodical lottery licence. The Senator will appreciate that the granting of lottery licences in individual cases is solely a matter for the court and the Minister for Justice is not empowered by the legislation to interfere in any way.
In raising this topic, Senator Sherlock asked if the Minister is satisfied with the criteria that apply to the granting of lottery licences. The House will be aware there is a commitment in the Government policy agreement to reform the law relating to the administration and regulation of charities along the lines of the report of the committee on fund raising activities for charitable and other purposes. The report, known as the Costello report, includes recommendations relating to the law on lottery licences.
The committee, under the chairmanship of His Honour, Judge Declan Costello, concluded that more efficient controls are required over lotteries and made recommendations. Occasional lotteries should be better regulated by requiring greater details at the time of application for a permit, controlling the maximum level of expenses, regulating sales, requiring returns and accounts to be submitted and ensuring the public are able to ascertain the outcome of the lottery. A periodical lottery licence should operate only in the District Court district in which it was granted and, in addition, there should be provision for nationwide periodical lotteries by means of a scheme, approved by a central body which would set out details surrounding the conduct of such a lottery.
More efficient controls are required over periodic lotteries and these should include: notice of intention to apply for a licence to be published in a newspaper; controlling the level of permitted expenses; only certain types of bodies could apply for such licences and the licence holder would prepare professionally audited accounts. Organisations required to submit accounts following the promotion of a lottery should make them available at their local registered office for public inspection. The House will appreciate that the report also contained a wide range of recommendations about other aspects of charities legislation.
In June of this year the Minister of State at the Department of Justice, Deputy Burton, chaired a seminar which was attended by a wide range of interested bodies as part of the process of examining what legislative changes are needed in this area. The Department is now examining written submissions which were received following the seminar, and consultations with representatives of fund raising and charitable groups are continuing.
I can inform the House that the Department of Justice is working to reform the law relating to the administration of charities along the lines of the report of the committee on fund raising activities for charitable and other purposes and it is the Minister's intention that proposals for amending legislation on these issues will be brought before Government as soon as possible. In this context, I assure the House that I will arrange that the points made by Senator Sherlock will be brought to the attention of the Minister for Justice and taken into account as part of the process of bringing forward legislative proposals in this area.