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Dáil Éireann díospóireacht -
Thursday, 20 Apr 1989

Vol. 388 No. 10

Ceisteanna—Questions. Oral Answers. - Gaming and Lotteries Acts.

14.

asked the Minister for Justice the number of cases of illegal gaming detected in the Dublin area in the past 12 months; the number of cases in which prosecutions were initiated; if his attention has been drawn to the additional cases of breaches of the gaming laws highlighted in articles (details supplied) since he last answered parliamentry questions on the matter; if he has requested the Garda to investigate this additional evidence with a view to prosecutions; and if he will make a statement on the matter.

34.

asked the Minister for Justice if he will make a statement on the existence of illegal gambling halls/casinos in the Dublin area; and the action the Garda propose to take to deal with this matter.

41.

asked the Minister for Justice if his Department is preparing legislation to update, amend or revise the Gaming and Lotteries Act, 1956; and if he will make a statement on the matter.

I propose to take Questions Nos. 14, 34 and 41 together.

There are two main points arising from the questions, viz. are the Garda enforcing the relevant legislation and is the legislation adequate.

I have had discussions with the Garda authorities and they have assured me that all allegations of breaches of the Gaming and Lotteries Acts, 1956-1986, that are brought to their attention are investigated in a through manner. The statistics for detections in the Dublin Metropolitan Area are indicative of that.

In the period of 12 months ended 30 December last — the latest period for which the figures are available — there were 307 detections, and prosecutions are being pursued in the ordinary way. The figure for 1988 is well up on that for 1987, which was nine. The small number of detections in 1987 was due to the fact that there were court proceedings in relation to a decision by Dublin City Council to rescind their previous adoption of Part III of the Gaming and Lotteries Act, 1956. While the matter was sub judice there was an amount of ambiguity in relation to the Gaming and Lotteries Acts, 1956. which in turn, inhibited Garda enforcement of the legislation. This ambiguity was removed, and with it the uncertainty on the part of the Garda, when the Supreme Court issued a decision in April 1988 upholding the city council's decision.

On the question of the adequacy of the present law I am not at this stage convinced that there is a case for amending legislation. However, Deputies will remember that I suggested, when answering questions on 22 February last, that a debate be initiated in Private Members' time. I wish to repeat that suggestion. On this point I should mention that a debate on the Gaming and Lotteries Acts commenced in the other House last night and will be continued next Wednesday. I will give careful consideration to the points emerging from the Seanad debate and to points made in any debate taking place in this House.

I have raised this matter on the Adjournment on a number of occasions. First I want to record my appreciation of the Evening Herald newspaper for highlighting the continued abuses particularly in the Dublin area. Is the Minister aware that in many Garda stations in the city the response given to people ringing in to complain about the daily abuses of the law in Dublin is that it is a matter for the citizens first to bring the evidence to the Garda and that this advice was conveyed in part to the author of the articles in the Evening Herald when he inquired whether the Garda would act upon the evidence clearly set out in the pages of the Evening Herald? Would the Minister accept that, if accurate, that would not be an encouraging approach by the Garda? Would the Minister ensure that they appreciate that it is their job in the first instance to see the law is enforced?

I have had a number of discussions with the Commissioner and the Assistant Commissioner in regard to this matter and I am satisfied that the Gaming and Lotteries Acts are being enforced by the Garda in an active and dedicated manner and that they will investigate in a thorough manner any alleged breaches of the law brought to their attention. It is important to stress that where illegal gaming is alleged all possible evidence should be made available to the Garda. In 1987, 127 breaches of the Act were detected. The provisional numbers of detection for 1988 are 420. The corresponding figures for the Dublin Metropolitan Area were nine in 1987 and 307 in 1988. The content of the question which Deputy McCartan has posed will be brought to the attention of the Garda authorities.

On 14 December 1988, on 22 February 1989, and again today, I am asking the Minister a question regarding the Talbot Amusement Centre. I know the Minister asked me to leave in details to his office on 22 February. I did that and I am sure the Minister has passed them on to the Garda Commissioner. It is acknowledged by the Garda who are based in Store Street, just around the corner from this centre, that this major arcade is operating illegally and making illegal payouts on a daily basis and they want it stopped. Children in my area, many of whom are on Government job creation schemes, training schemes and so forth, are spending their earnings in this establishment. Some young people are turning to crime as a result of their craving to involve themselves in gaming. This is one of the cases that the Evening Herald investigated and I, also, congratulate them on their very good investigative journalism. Why does this establishment still operate, even after the matter has been raised here on two previous occasions and the details have been conveyed to the Garda Commissioner?

We are having repetition. The Deputy has made his point adequately.

Finally, does the Minister agree that in cases such as this where there is extreme abuse fines are not enough and that people like this should be put out of business once and for all?

All allegations in this area were conveyed to the Garda Síochána and are being investigated fully by them. I accept that the situation exists. The Deputy surely understands that the purpose of these examinations is to provide evidence on which prosecutions may be based. The Garda can only go to court when they have such evidence and I am sure the Deputy understands that as well as everybody else.

In view of the Minister's saying that he is not yet convinced about the need to amend the law of 1956, is he aware that in rescinding the licences in Dublin city the city councillors called for the law to be amended. They were left with no choice except to rescind because the law was in such disrepute. Is the Minister also aware of the growth or existence of gaming machines not alone among those arcades that already operated before this rescinding but in all sorts of other premises since that rescinding? Obviously there is something wrong with a law that allows that.

I am not convinced that the law needs to be amended but I am not closing the door on it and am open to be convinced. I have no hang-up about coming into this House to look for the processing of laws as quickly as possible. In fact, Deputy Colley in particular could allow us to go ahead with one or two other Bills at present in relation to video nasties and things like that on which she is digging in and which have been kicked around now for nearly 12 months.

At the invitation of the Minister.

I wish we could get it on the Statute Book. The Garda Síochána, who have responsibility for investigating the allegations we are talking about here, are very much aware of the position. They are investigating all these allegations and others in an effort to find evidence to bring people who are involved in illegal gambling activities before the courts, and they have my full support, as Minister for Justice, in doing that.

But their hands are tied by the legislation.

As a lawyer, Deputy Colley knows that one cannot go to court until such time as there is a case to present to the court.

Therefore amend the legislation.

We have discussed this on numerous occasions and I would be only too pleased to assist in any way I could in bringing forward constructive proposals, but it has all been done. The Gaming and Lotteries Act, 1956, is completely out of date, not just in respect of gaming machines but in many other respects. What is needed here is an amendment of this Act. I detest these slot machines, but if we are not going to ban them totally surely we can have a gaming board which would make it particularly difficult for people to operate unless they do it on a proper legal footing. If we can have certificates issued by Bord Fáilte in respect of special restaurant licences, sure we can have certificates issued by a gaming board before somebody can apply for a licence to trade under this Act.

This idea of a gaming board has been floated to me on a number of occasions, not just within the last couple of months since this matter has come up as a major item for discussion but in the last couple of years and indeed during my previous term as Minister for Justice. The idea of a gaming board has been put to me by those who are involved in gambling activities and those who are involved in the trade, if I might use that word. I have not accepted that principle and I still do not accept it. That is my personal view but it would be a matter for the Government to decide. Certainly, having examined the matter not in an indepth fashion but from my knowledge of gambling boards in other jurisdictions, I do not think they have been the success that people make them out to be. The buck should stop on the desk of the Minister for Justice of the day, whether it be the Deputy himself or anybody else, who has answerability to this Parliament in such areas. I am open to be convinced that the gambling laws need to be strengthened. If I get that recommendation from the Garda Síochána whose function it is to enforce the law and if they feel the law as it is framed is not helpful to them, then I will very gladly do something about it.

I have discussed this matter in great detail, even as late as last Friday, with Commissioner Crowley, with the Assistant Commissioner in charge of the Dublin Metropolitan Area, and also with some legal advisers who say that the matter is being actively considered with a view to preventing illegal gambling taking place. Part of the problem is that quite a number of the allegations that have been made have not stood up when investigated. I am not taking away from what any Deputy says in this House or from any newspaper or television programme that gives voice to allegations of this sort. An allegation is one thing but having evidence to present the case to the court is another, I am advised that in some instances a lot of the machines that we are talking about in these centres are not gaming machines as such but are amusement machines — I am investigating that further — and that they are highly sophisticated machines that may not be readily classified as gambling machines. That is part of the problem. Another part of the problem, having regard to some of the allegations that have been made and investigated, is that we can get nobody to give evidence on them.

I am giving this detail to, for once and for all, put to bed the insinuations that the Garda are not actively looking at this particular area. That would be a very false and misleading suggestion to make, even if their station is only around the corner from the Talbot Street centre mentioned by Deputy Gregory. The Garda are aware of the concern of this House, as they should be. They are thoroughly investigating the matter at present, reviewing the legislation and having discussions with the Attorney General and with the senior legal advisers of my Department to see how best all our resources can be pooled together to deal with this matter which none of us has time for and, I will go further and say, which we are determined to put on the sideline.

A final question, Deputy Pat McCartan. I have dwelt overlong on this question, I think the House will agree.

I welcome the Minister's final remarks. I would ask him to consider two aspects. He told us there have been 307 detections in 1988. There has been one prosecution to date in 1989 in the Dublin area and that was yesterday.Could the Minister seek, through the clerks of the courts, to give priority to bringing forward prosecutions that are in the pipeline so that the courts can deal quickly with these matters. Secondly, could he convey to the Garda the view of this House that their powers under the 1956 Act to seize, in the first instance, offending machines should be more widely utilised?

In reply to the first part of Deputy McCartan's question, I will examine that area and also the question of giving priority to one prosecution over another. That would have to be examined in order to deal with the matter as it should be dealt with because it was put forward in a positive and helpful way. With regard to the second part of the question, I saw this matter being highlighted on a recent television programme in which I was unable to participate despite a very gracious invitation from the kind lady who chaired that programme.I would love to have been there.

I was not invited.

She said on the programme that I was invited but she did not say why I could not attend. I thought the whole idea of the empty chair in RTE was no longer in operation. I remember a time, a Cheann Comhairle, when if you and I were invited to a particular programme there was an empty chair, a chair for the Ceann Comhairle and a chair for the Minister but I thought that had gone by the way.

The Minister does not appear too often on "Today Tonight".

If I did the Deputy would be grousing. In regard to the second part of the Deputy's question, part of the problem with seizing these machines, as I have said, is that they are basically amusement machines and not gambling machines. I am sure the Deputy knows how they operate. You buy so many credits and when you finish operating the machine you make your request for payment.It is not the machine that is illegal; it is what happens after you have played the machine that makes it gambling rather than amusement. As I have said, it is a very difficult matter but we are using all our resources to try to come to grips with it.

Those machines were not around in 1956 and that is why we need to amend the Act.

No. 15. Deputy Donal Carey has been waiting anxiously for his questions to be answered. I am calling No. 15 now.

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