Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 536: To ask the Minister for Justice, Equality and Law Reform the extent to which foreign lotteries are operating here; the number of prosecutions under the Gaming and Lotteries Act,1979 over the past ten years in this regard; and if he has proposals to warn the public about fraudulent operators contacting people on the basis of bogus lottery wins with a view to obtaining their bank account numbers. [24923/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The Gaming and Lotteries Act, 1956, as amended, covers gaming and lotteries other than the National Lottery, which is governed by the National Lottery Act 1986. In addition, the Betting Act, 1931 governs matters relating to betting. In general, all forms of gaming are illegal in this jurisdiction except where specifically permitted by law.

Sections 21, 26 and 34 of the 1956 Gaming and Lotteries Act disallow the promotion and purchase in this country of tickets for a foreign lottery. This restriction applies to all lotteries in any country outside of the Irish State.

I have asked the Garda authorities to provide details of prosecutions under the Act, over the past ten years, and I will forward these to the Deputy once they have been provided to me. However, in relation to the supervision and monitoring of the operation of foreign lotteries, I have been informed by an Garda Síochána, when information is received by them concerning the running of illegal lotteries in this jurisdiction enquiries are conducted by an Garda Bureau of Fraud Investigation and any evidence found in support of such allegations is acted upon.

The National Consumer Agency contains information on how to avoid being taken in by lottery scams, and it recently issued a public warning following complaints about a fraudulent multi-million euro Spanish Lottery scam. The website of the National Consumer Agency is: www.consumerconnect.ie.

I am informed that An Garda Síochána has received a number of complaints from members of the public relating to fraudulent withdrawals from their bank accounts. The offences are committed using a technique known as "phishing" — i.e. the theft or attempted theft of personal information using e-mail and "bogus" web-sites. It is a relatively recent phenomenon. The act of "phishing" constitutes a number of offences contained in the Criminal Justice (Theft and Fraud Offences) Act 2001.

I am informed that a number of persons have been prosecuted on charges of theft offences relating to "phishing" incidents where the proceeds of fraudulent withdrawals have been transferred to an apparently legitimate account which has been used to facilitate the withdrawal of the stolen funds. An Garda Síochána is working with the Banking industry to counteract this phenomenon. A High-Tech Crime forum has been established with all relevant stakeholders including An Garda Síochána and the Financial Services Industry including the banking sector. This forum facilitates the rapid dissemination of information related to "phishing" and other methods being used in an attempt to compromise banking services.

I am also informed that The Irish Bankers Federation participates in the MakeITSecure campaign, a national information campaign aimed at educating consumers on how to use IT securely, particularly in relation to financial transactions. MakeITSecure is a coalition of partners including from the private sector led by the Department of Communications, Energy and Natural Resources. The campaign was launched in November 2005 and focused on four areas — identity theft, "phishing", spyware and child safety on-line. MakeITSecure aims to help individuals, families and businesses protect themselves by showing the main risks and offering some solutions to make their internet experience more secure.

I am also informed that the Financial Regulator issues press releases on the topic from time to time. Consumers are advised how to protect themselves from fraud and scams on the Financial Regulator's website site at www.ifsra.ie. The Irish Payment Services Organisation is also very active in raising awareness of such issues. I understand that most financial institutions publish warnings on their own website when they are the subject of such activities. Victims of "phishing" attacks are advised by An Garda Síochána and the industry to report any such attack immediately to An Garda Síochána for investigation.

An Garda Síochána's primary function relates to the investigation of the criminal conduct through which the monies have been lost by the injured parties as opposed to the recovery of funds. However criminal courts may make orders restoring funds which have been identified as the proceeds of crime following conviction of the offender. I am confident that every assistance is given by An Garda Síochána to injured parties and their representatives in their effort to recover monies. If a consumer is a victim of this crime, he or she should report the matter to the Gardaí and to their bank. The best line of defence against this type of fraud is to educate consumers so they are aware that they should not disclose their personal financial information to anyone.