Charles Flanagan (Laois, Fine Gael) | Oireachtas source

These amendments transpose part of Article 47, paragraph 2, of the fourth directive. That requires that managers as well beneficial providers of gambling services are persons who are regarded as fit or proper persons. Amendment No. 11 inserts five new sections, requiring anybody who is a person directing a private members' gambling club or who is a beneficial owner of such a club must hold certificate of fitness and, if they do not, it will be an offence for any person to engage in activities or business without holding it. The rest of the provisions set out the procedure that will be in place to apply for this certificate of fitness. The application will be made to An Garda Síochána. If the person does not live within the State, it is made to the Minister. A certificate may be refused if a person has been convicted of certain offences. The certificate will last for three years. There is a provision for an appeal to the District Court in respect of a refusal to grant a certificate.

Amendments Nos. 7 and 8 are consequential amendments to the numbering of a different section. The House will be aware of the wider work on gambling that the Government is undertaking. We have approved the setting up of an independent gambling regulator. My colleague, the Minister of State, Deputy Stanton, has chaired a working group on reforms in this area which has recently completed its work. While those broader proposals are being developed, the provisions here now will allow us to ensure that persons involved in this sector are persons who can be regarded as fit, proper and appropriate. We do that in respect of our national legislation and so that our EU obligations are complied with and met.

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