Ciarán Lynch (Cork South Central, Labour)
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Question 168: To ask the Tánaiste and Minister for Finance the legislation and regulation in place to protect children and adolescents from gambling at race tracks and betting shops; and if he will make a statement on the matter. [11425/08]

Brian Cowen (Laois-Offaly, Fianna Fail)
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Section 23 (1) of the Betting Act, 1931 prohibits licensed bookmakers from engaging in a betting transaction with a person under the age of eighteen years whether such person is acting on their own behalf or as an agent for another person. This law is applicable to race tracks and betting shops.

The Totalisator Act, 1929 provides that the Minister for Finance can grant licences to set up, maintain and work totalisators. Such licences have been granted to Horse Racing Ireland (HRI) and Bord na gCon.

Individuals under the age of eighteen are not prohibited from using the Tote under the Totalisator Act, 1929. However, HRI and Bord na gCon, which are agencies of the Department of Arts, Sport and Tourism, as operators of the Tote, have pointed out that the Tote primarily operates in the controlled environment of the racecourse, where children are typically accompanied by adults. Furthermore, they are not aware of any evidence to suggest that use of the Tote by people under the age of eighteen is problematic.