Vol. 402 No. 5
121 Mr. McCartan asked the Minister for Justice the position in relation to the operation of gaming machines in County Donegal despite the fact that Donegal County Council rescinded the relevant section of the Gaming and Lottery Act, 1956, in the area under their jurisdiction on 19 December, 1986, and that this decision was upheld at a subsequent Supreme Court hearing.
Donegal County Council, who administer all of County Donegal with the exception of the urban districts of Bundoran, Buncrana and Letterkenny and the area administered by Ballyshannon Town Commissioners, rescinded Part III of the Gaming and Lotteries Act 1956 on 19 December, 1986. On appeal to the Supreme Court this decision of the county council was held to be valid.
The position now is that the District Court is prohibited from issuing certificates for the operation of gaming machines in the administrative area of Donegal County Council and the operation of such machines in this area is illegal.
The urban district councils of Buncrana and Letterkenny rescinded Part III of the Gaming and Lotteries Act 1956 on 9 April 1986 and 13 November 1989 respectively. The validity of the decision by Buncrana UDC stands appealed to the High Court. The decisions of the District Court to refuse gaming certificates in the area of Letterkenny UDC stands appealed to the Circuit Court. Under the provisions of the Gaming and Lotteries Act 1956, section 18 (2) and (3), amusement arcades such as those in Buncrana and Letterkenny, which were licensed, may continue to operate pending the determination of the court proceedings.
Bundoran UDC and Ballyshannon Town Commissioners have not rescinded Part III of the Gaming and Lotteries Act 1956 which they both previously adopted and accordingly gaming certificates may be issued and amusement arcades may be legally operated in these two areas.
