Dáil debates

Wednesday, 4 October 2006

Civil Law (Miscellaneous Provisions) Bill 2006: Second Stage (Resumed)

 

4:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)

The Green Party welcomes this Bill which is long overdue. It is about time that it saw the light of day. It is modernising legislation which, for the most part, empowers the consumer. Some of the most vulnerable in society feel they have not been adequately represented by the legal profession. I have met with victims of Irish solicitors. The tales they told me of their concerns about what legal professionals did with their land, moneys and lives make for harrowing listening. The appointment of a legal services ombudsman marks an important step forward because many of these individuals feel they did not receive satisfaction from the Law Society. They also feel the Bar Council was unable to deal with the substance of their concerns and, therefore, this Bill can only be a good thing.

In recent times, we have seen many examples of possible overcharging. There have been several high profile cases concerning victims of abuse whereby clients were concerned about the actions of their solicitors who sought compensation from the Residential Institutions Redress Board. These concerns about abuse survivors being doubly charged resulted in 12 firms of which I am aware being investigated by the tribunal appointed by the High Court. The amounts by which the survivors were allegedly overcharged may be as high as €10,000. It is not small change, as the Taoiseach and others know only too well. This despicable abuse of authority on the part of the solicitors involved must be severely sanctioned. Transparency and independent scrutiny are the keys to instilling public confidence in areas such as legal services, health services and the Garda Síochána. In the words of the Minister for Justice, Equality and Law Reform himself, legal services must achieve the highest standards of professional integrity for the protection of their clients.

In broad terms, the legislation goes along with what the legal costs working group recommended. The group's three main recommendations are dealt with in the substance of this legislation. I look forward to seeing the law operating in practice. Within a few short months we will know whether it is working as intended by getting to the heart of the malpractice that has been brought to my attention in several cases around the country.

I wish to dwell for a moment on section 55 which deals with amendments to section 14 of the Gaming and Lotteries Act 1956. Contained within the small print of this section is a massive hike in the stakes that can be gambled in slot machines. At one fell swoop it allows a sixpenny bet to go up to 50 cent, which is more than a 15-fold increase. It also allows a ten shilling maximum prize to rise to €30. It is a matter of real concern if we allow these stakes to be raised, whether by way of regulation or legislation. Slot machines and other gambling equipment that lie in the shadowy streets of Dublin and other towns around the country represent a dangerous draw, particularly for our young people. I am concerned about the age limit of 16 that will allow children to access gambling machines.

In the past, we have spoken about gateway drugs with regard to narcotics or types of alcohol but there is also such a thing as gateway gambling. I am worried that if we increase the stakes that can be gambled from a few pence to several euro, it will act as a greater draw to bring people into the shadowy world of gambling. It must be remembered these establishments operate in the shadows of our capital and elsewhere. Their owners are rarely in the public eye. Some of them live in the Isle of Man and some have been linked to some of the more shady land deals that occurred in County Dublin ten or 15 years ago. The victims of these slot machines are often children. Slot machines act as a gateway to bring people into gambling more serious sums on horses and card games at a later time. I am not convinced that enough safeguards are in place to make sure children are of an appropriate age to use these machines. I am not convinced we have enough transparency or visibility of what goes on in these places. Those who operate these companies and amusement arcades should publicly declare their income and their profit from these machines. It is crucial we see exactly what sums are being generated in the shadows. We should not allow, whether in this legislation or elsewhere, the sums that can be wagered to increase dramatically. I hope the Minister will look carefully at the changes he is proposing in this section and ensure children's vulnerabilities are not exposed through changes in the law.

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