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

I thank Deputy Martin Kenny for tabling these amendments. My response will be similar to that which I gave on Committee Stage. I have responded to the various numerous representations I received from those involved in private members' clubs. I have made the point repeatedly that the operation of such clubs enjoy a constitutional protection, that of free association. Those clubs are not governed in the context of gaming activities by the Gaming and Lotteries Act 1956, by this Bill or any other enactment or law.

This position is supported by the advice I have received from the Office of the Attorney General. I went there to be sure and to get that advice.

I expressed my concern on proposals similar to amendments Nos. 1 and 2 to representatives of private members' clubs when I met them that they would risk confusion and even invite legal challenge. To the best of my knowledge, many of these establishments are not member-based clubs in the same way as we might understand sports clubs, for example. The membership is frequently not a stable feature and it may vary considerably from night to night. Many of these establishments seem to hold themselves to be casinos and I am not in favour of any measure that would facilitate commercial casino operations by the back door at this time. I am sure colleagues agree with me on that. If we went down that road now, these establishments would not be subject to any form of licensing terms and conditions in respect of gaming.

In future, we will have to address, honestly and openly, the issue of how we might license and regulate casinos in the context of the work under way to reform and modernise our gambling laws comprehensively. It is the appropriate place to deal with the matter and I have been advised that these amendments could open the way to all kinds of unintended consequences. I ask the Deputy to consider withdrawing them on that basis. My advice is that this Bill has no impact whatever on the matters in question and they are not mentioned in any other legislation either.

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