Dáil debates

Wednesday, 25 February 2009

Other Questions

Legislative Programme.

1:00 pm

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 45: To ask the Minister for Justice, Equality and Law Reform when the third EU anti-money laundering directive will be transposed into law here; and if he will make a statement on the matter. [7714/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Legislation to give effect in Irish law to the third EU money laundering directive and the related implementing directive is being drafted and is at an advanced stage. This legislation also takes into account relevant recommendations arising from the Financial Action Task Force, FATF, third mutual evaluation report 2006 on Ireland's measures to combat money laundering and the financing of terrorism. I expect to be in a position to publish the legislation, following Government approval, in the first half of this year and my intention is that it will be considered by both Houses of the Oireachtas as soon as possible after that date.

As the Deputy no doubt will be aware this legislation is relevant to, and affects, a wide variety of stakeholders and sectors, including not just the financial sector, but also the legal profession, accountants and a variety of other groups. For this reason, following Government approval last year to the drafting of this legislation, the proposals were published on my Department's website and my Department, in conjunction with the Department of Finance, conducted an extensive consultation process with interested groups. This proved successful in identifying and clarifying a number of complex issues and was, I believe, an important part of developing the legislation in this case.

Ireland already has effective anti-money laundering and anti-terrorist financing legislation in place. However, I look forward to building further on and strengthening this foundation through the provisions which will be contained in this legislation.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Could I explore with the Minister the reasons for the inordinate delay in bringing forward this important legislation, which is of considerable significance having regard to the current banking and financial crisis? We are out of sync with our EU partners by not having ratified and enshrined in law the third EU anti-money laundering directive.

In view of the heads of the Bill that were published, this Bill includes not merely the financial services industry, but also the gaming and casino industry. Is there good reason to suggest that the Minister's friends in the gaming industry are being protected by the delay in bringing forward this legislation and this is in some way linked to the fact that there is no movement on casino or gaming regulation? Why is there such a delay in bringing forward this legislation?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have no friends in the gaming industry, unlike some members of Deputy Flanagan's party.

The reason for the delay in proceeding with the issue of the casinos and gaming legislation is well known to Deputy Flanagan. I wrote to his party leader, as I did to the Labour Party leader, to try to follow on from the understanding I inherited. I understood that there would be a cross-party arrangement to look at that report but, because of the negative response from the Labour Party and prevarication on Deputy Flanagan's party's behalf, and some dissent within his party as to how——

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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My question is about the Bill.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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——to address the issue, I have decided to proceed. In view of this I have now asked my officials to proceed to include in this anti-money laundering legislation the regulation of gaming clubs. It will be included, as will other professions such as law, accountancy and the banking sector, in the anti-money laundering legislation. For the first time, gaming clubs will be regulated and will have to apply for authorisation to proceed under this legislation and they will be vetted. I would not let the message go out from this House that we do not have strong anti-money laundering legislation; the 2006 FATF review stated that Ireland has a high standard of legislation to combat money laundering.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Will the Minister withdraw the slur he cast on Members on this side of the House? I do not expect that he will withdraw it but I would like it to be recorded that he did not do so.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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This is being treated as a priority by the Department and by the Office of the Attorney General.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I would like it to be recorded that the Minister cast a slur on Members on this side of the House.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Deputy slurred me. I have no friends in the gaming industry.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Neither does anyone on this side of the House.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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It is like Fine Gael's evidence about the ten, it is made up.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Minister of State will try to be orderly in the House.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Like other Ministers of State, the Minister of State should have fallen on his sword.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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I preface my remarks by saying that I entirely accept the Minister would never have visited a casino in all of his life, or done anything like the things the rest of us might have done from time to time. I accept that he is a paragon of virtue.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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We will use that in the leaflets.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I know Deputy Rabbitte holds me in the highest esteem.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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I do. Did the Minister meet the people from the casino sector who are seeking regulation? They say a substantial number is employed in the casino sector and that they want to be regulated. They have been intervening with the Department for some considerable time for legislative reform in this area.

The Minister might focus on my question now that I have given him complete absolution.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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He is telling me about his sins.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The Minister of State, like myself, would have some sins but we are different from the Minister, who does not sin.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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We have been to the odd casino or two.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Has the Minister met these people or will he meet them? When might legislation come before the House to regulate the sector?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I decided to proceed in the short term to include a mechanism whereby the private gaming clubs that have mushroomed in this country would have to apply for authorisation. Under the anti-money laundering legislation which will come forward quickly, if those clubs are to go ahead, they must sign up to it so there will be an element of regulation. We plan to introduce legislation for the long-term regulation of casinos and gaming based on the report that issued some time back. We are looking at the legislation that was passed in Britain, which took some time but is a good template we can work from.

I have received Government approval in the last two months to accept that the cross-party committee is dead.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Is the Minister confirming that there is a direct link between the delay in processing this legislation and his own prevarication in respect of casino regulation? What response did the Government give to Commissioner McCreevy, when he wrote to the Government in July 2008 indicating the importance of enshrining this legislation in our laws? On the review, there was an advertisement for submissions last year. How many written submissions did the Department receive?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I do not have that information but the Commission has raised the implementation of this directive in a number of countries — France, Spain, Belgium, Sweden, Poland and Finland have not fully transposed it yet. We will transpose it in the next couple of months with the help of the House.