Seanad debates

Tuesday, 25 September 2018

Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2018: Second Stage

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

No. It will in the main be in a domestic context and may well have an international dimension but it is the domestic gambling regime we need to address in the first instance.

Senator Ó Donnghaile mentioned the importance of ensuring that our laws are updated in this regard. A risk assessment was carried out recently of the gambling industry in Ireland. A statutory instrument is now being prepared, which will apply anti-money laundering laws to many providers of gambling services, including those engaged in online gambling and those involved in the bookmaking industry. Those who were deemed to be of lower category or lower risk, for example, bingo operators and smaller lotteries, will be exempt. There is an issue in that regard, however, and I am very keen that we would proceed, in tandem with this legislation, to have that statutory instrument fully completed and brought into practice.

I also intend to bring an amendment to the Bill in this House on verifying the probity and fitness or otherwise of those involved in the many private members' gaming clubs that are appearing. The 2010 Act applies to private members' gaming clubs but those clubs are obliged to take all the anti-money laundering measures in the Act, including the obligation to at all times carry out due diligence in the matter of their customers as they engage with them. The directive requires member states to apply anti-money laundering legislation to all providers of gambling services unless a member state can show that a particular sector is low. As I said, we carried out a risk assessment. That was carried out by an anti-money laundering steering committee. A risk assessment was carried out by an interdepartmental anti-money laundering steering committee.Its report was published recently by the Department of Finance. The assessment concluded that the risk associated with bookmaking and the online gaming sector was medium to low, but nevertheless there are issues raised by the Senator that I would be anxious to ensure are taken into consideration. I acknowledge the work that the Minister of State, Deputy Stanton, is doing in that area with his team of officials. A Bill which will introduce some reforms in the area is being drafted. The broader gambling control Bill, which I am sure has been debated in this House on many occasions in the past, will also be developed but I do not have a timeline on that. A working group has been set up to progress the review and updating of what was the general scheme of the gambling control Bill which was published in 2013. It is a matter to which we will return in the context of this legislation and of other debates.

Senator Ó Donnghaile asked about the beneficial ownership register, which is being dealt with by the Minister for Finance. I am informed that access to the register will be largely in line with the fifth money laundering directive. That directive will be a matter for the Minister for Finance but I will be in a position to update Senators on the work in that Department as we commence Committee Stage of this legislation. I will be happy to update Members at that point, although the matter is primarily under the remit of the Department of Finance.

Senator Lawlor mentioned the important issue of the resources of the Central Bank. Again, although this is primarily a matter for the Department of Finance, it is fair to say that the Central Bank is well resourced. It is not an issue that has been raised with me or my officials. I am sure that the Minister for Finance, Deputy Donohoe, will confirm to Members of this House the position regarding the resources made available to the Central Bank.

In respect of the resources of the fraud investigation unit of An Garda Síochána, we are in the midst of budget preparations and allocations. The current Vote for An Garda Síochána is in the order of €1.6 billion. This money is provided by the Government to An Garda Síochána to run the service. Senators will be aware of recent statements by the new Garda Commissioner in respect of managing the Garda budget and ensuring that the finances of the organisation are applied in a way that gives best value for money to the taxpayer and the people of this State. I assure the House and Senator Lawlor in particular that I will continue to work with An Garda Síochána to ensure that the police service is adequately resourced. I acknowledge the importance of the fraud investigation unit and will work to ensure that any obligations under this Act will be considered in the context of the availability of adequate resources.

This is detailed and technical legislation. It reflects the complexity of the measures that we must introduce in accordance with our international obligations as well as domestic requirements to ensure that we are in a position to respond satisfactorily to the ever more sophisticated nature of the criminality involved in money laundering and terrorist financing. I intend to table a number of amendments on Committee Stage, some of which are technical and some of which are more substantive in nature. I would also be anxious to tease out further on Committee Stage some of the issues raised by Senators in this debate. I am confident that with the co-operation of the House, we will quickly progress this Bill to its enactment to meet our obligations.

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