Seanad debates

Wednesday, 27 February 2019

Gambling Legislation: Motion

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I strongly support this motion in the name of the Independent Group of Senators. I want to acknowledge some basic truths. When I was Minister for Justice and Equality the Gaming and Lotteries Act 1956 came under pressure because poker clubs started being established in Dublin. Some were funded and owned by very rich and powerful people. It was clear to me that they were illegal, as unlawful gaming was defined under the Act. These commercial institutions masqueraded as members' clubs for a while but that was not a defence under the Gaming and Lotteries Act 1956. I convened a meeting of gardaí and a representative of the Office of the Director of Public Prosecution to see what should happen in this matter and I was told that the Gaming and Lotteries Act 1956 was inadequate and needed to be strengthened. I brought proposals to Government to amend and strengthen the Act and to knock out these casinos into which the poker clubs were rapidly developing because where poker came roulette tables and all the rest followed. These were right in the city centre. Very prominent and influential people were associated with them. When I got to Cabinet, the Department's and my proposals ran into huge opposition, that effectively we were being illiberal and unrealistic, that amending the law to suppress these institutions was wrong. Consequent on that, a study group was established under a barrister, Michael McGrath, to deal with the question of whether we could have one or two national casinos or whatever. As far as I recall, it reported. I do not know whether I was still in office when it reported but these institutions went unregulated and they went from poker to roulette, to gaming machines. They were all over the city of Dublin like a rash. What Senator Norris said about the fact of their being in clear breach of the Gaming and Lotteries Act went ignored because of the inability of the gardaí and the DPP to work out where they stood on the issue. Now we are in the situation that all of that is unregulated. In the meantime, and it is 12 years since I was a Minister, online gambling has increased massively. The legislative proposals we had at the time were going to be based on domestic activities under the Gaming and Lotteries Act but something broader is needed now.

Having explained my own part in all this, I think it has been a huge failure on the part of the Department of Justice and Equality, starting before my time, in my time, and up to now, that we have not taken this issue by the scruff of the neck with a view to dealing with it. All the social consequences, and I know of them, suicides, ruination, people's careers being destroyed and all the rest that flow from an unregulated gambling industry in this country are there for us all to see. Collectively, in these Houses, we really should have it on our conscience how imperfect our response has been. I know the Minister of State has consultative processes and that Deputy O'Callaghan has tabled a Bill, based on the Minister's heads of Bill, but we have to face up to it seriously and implement something because it is a stain on all our consciences that things have developed to the point they are at.

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