Illegal gaming enforcement and detections
Members asked about illegal gaming in Dublin and possible legislative changes. The Minister said Gardaí investigate reported breaches and cited detection figures, stressing that evidence is needed for prosecutions.
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.
Comment on this
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.
Comment on this
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.
Comment on this
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.
Comment on this
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?
Comment on this
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.