David Stanton (Cork East, Fine Gael) | Oireachtas source

I will start by dealing with amendments Nos. 5 and 6, which, as the Chairman said, are related. They concern section 12, which substitutes section 28 of 1956 Act with a new section that sets out the application process for a lottery licensed by the District Court. This section maintains the current maximum prize amount of €30,000. However, it makes provision for a prize fund limit of €360,000 where a once-off annual lottery is promoted under a District Court licence.

The District Court grants a licence to an applicant where the applicant fulfils the conditions laid down in the new section 28. There are significant additional conditions for the prospective licensee to meet. I contend these are necessary and legitimate requirements to ensure the best promotion of the lottery to guard against fraudulent behaviour and to prevent potential criminal behaviour, including money laundering.

Any lottery licensee may appoint an agent or agents to help promote a lottery. This is permitted by the current law and confirmed by court judgment. This does not mean, however, that the licensee can abandon responsibility or control of the lottery to an agent. This would undermine the policy and legislative intention of modernising the provisions on the better promotion of lotteries.

The amendments proposed by Deputies O’Callaghan and Ó Laoghaire would have the effect of allowing the transfer of a lottery licence issued to an applicant by the District Court to an agent to conduct that lottery. No checks or controls on such an agent, as are imposed on the licensee, are proposed in the amendment. There are inherent dangers associated with such an approach. The proposed amendments would appear to arise from representations from some associations which purport to run commercial bingo by acting as agents of lottery licensees. I have also received those representations.

In my view, despite any assertions to the contrary, no pathway was provided in the 1956 Act for commercial bingo as a profit-driven business for agents or operators acting for licensees. I do not propose to accept the amendments along the lines proposed for the reasons I have outlined.