Written answers

Tuesday, 19 January 2010

Department of Justice, Equality and Law Reform

Crime Prevention

9:00 pm

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Question 553: To ask the Minister for Justice, Equality and Law Reform if he plans to include private members' gaming clubs and casinos within the scope of the Criminal Justice (Money Laundering & Terrorist Financing) Bill 2009; and if he will make a statement on the matter. [48611/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 which is currently before Dáil Éireann, will give effect to the 3rd EU Money Laundering Directive and related Implementing Directive.

Section 25(1) of the Bill defines the meaning of the term 'designated person' as "..any person, acting in the State in the course of business carried on by the person in the State, who or that is - ..". A list of bodies and persons is specified to which the provisions apply. Included in this list is 'a person who effectively directs a private members' club at which gambling activities are carried on, but only in respect of those gambling activities.' Therefore, such private members' clubs will be subject to the relevant obligations in the Bill and will be monitored for compliance by officials of the Department on my behalf. In addition, section 109 of the Bill contains provisions in relation to registration of such clubs with the Minister and provides that it is an offence for such a club which falls within the definition of a designated person in section 25 not to register. This registration is not to effect a type of authorisation for such clubs and does not alter the status of these clubs in relation to our gaming laws.

The position in relation to casinos is that they are already prescribed as a 'designated person' under the existing legislation dealing with money laundering and are also included in section 25 of the current Bill. However, under current law, casinos per se, are not permitted. The Deputy will be aware that I have initiated a wide-ranging review of gambling which deals with a range of issues, including the issue of the regulation of casinos. If following that review, and subject to the will of the Oireachtas, casinos were to be licensed in the State, casinos would also be made subject to the provisions of the Criminal Justice (Money Laundering and Terrorist Financing) legislation.

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