Michael McDowell (Independent) | Oireachtas source

Section 4 would insert a new section 9A in the 1956 Act and it is of some significance. It tidies up the circumstances through which a member of An Garda Síochána or superintendent can issue a permit for gaming. I say the following in the presence of the Minister of State and I hope my remarks are passed not merely to the Minister but to the Commissioner of An Garda Síochána. Around this city now there are gaming arcades, the business of all of which is being conducted unlawfully. As I see it, the amendments described by the Minister of State are in respect of the issuance of permits that under subsection 9A(6)(c) may not be used for promoting "gaming by means of a gaming machine."

If this is the case, this legislation has nothing to do with making lawful that which is manifestly unlawful. Dublin City Council, under the Gaming and Lotteries Act 1956, has not adopted a resolution to permit gaming by machines in this city. Vast sums are being made by the owners of arcades right under our noses. Automated teller machines are established in some of these premises. An Garda Síochána has the power to seize gaming machines being used in breach of the law. Amusement halls of these kinds are flagrantly in breach of criminal law in being operated without licences.

It is shocking that some members of the District Court - the Judiciary - were misled into believing that the existence of a Revenue licence for a machine, which is effectively an excise-raising matter, is somehow authority for the operation of amusement halls in this city. I would be glad for the Minister of State to confirm to me now that the running of those amusement halls in Dublin, Cork and other places where there is no resolution under the relevant part of the 1956 Act to run such an amusement hall with gaming machines in it is a criminal offence and unlawful, and makes them liable to search and seizure of the machines by members of An Garda Síochána. I want to hear this from a Minister as otherwise I will conclude that money is talking in our city and somehow the operators of these amusement halls in the city of Dublin are so powerful financially that nobody will touch them.

If this section, as amended, is adopted, it will have no entitlement contained in it for the operation of gaming machines in this city. The pre-existing law is unaffected by the amendments outlined to us by the Minister of State as being made by Dáil Éireann or the section to be inserted in the principal Act by this legislation.If it is the case that these huge emporia are operating in broad daylight and exploiting the weakest in our communities in flagrant disregard of the Gaming and Lotteries Act 1956, the Minister of State should indicate when an Garda Síochána is going to bring their operations to an end.