Terence Flanagan (Dublin North East, Fine Gael)
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Question 625: To ask the Minister for Justice and Equality if he will respond to a matter (details supplied) regarding casinos and private gambling clubs; and if he will make a statement on the matter. [22983/11]

Alan Shatter (Dublin South, Fine Gael)
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The general position is that the Gaming and Lotteries Act 1956 as amended, prohibits gaming except as permitted by that Act.

The position concerning casinos and private members clubs derives from section 4(1)(a) and (3) of that Act. Section 4(1)(a) states that " No person shall promote or assist in promoting or provide facilities for any kind of gaming: (a) in which by reason of the nature of the game, the chances of all players, including the banker, are not equal, ... ".

The effect of that provision is that casinos are not permitted. As a result, there is no provision for the licensing of casinos. However, section 4(3) states that "Gaming shall not be unlawful if no stake is hazarded by the players with the promoter or banker other than a charge for the right to take part in the game, provided that:-

(a) only one such charge is made in respect of the day on which the game is played, and

(b) the charge is of the same amount for all players, and

(c) the promoter derives no personal profit from the promotion of the game".

Section 4(3) is relied upon by the private clubs, with the result that they are operating despite having no licence. In April 2009, the Gardai were unsuccessful in a prosecution against a private club for unlawful gaming in breach of section 4. The defence relied, inter alia, on section 4(3). That case highlighted the difficulties in bringing a successful prosecution. It demonstrated beyond doubt the need for reform of the present law. The confused state of the law on private clubs is but one issue needing reform, I am also aware that the present law makes no provision for, for example, on-line gambling. I hope to be able to say more soon on my plans in this area.

Despite the difficulties outlined above, I want to emphasise that these clubs are subject to the general law on gaming, as set out in the 1956 Act, as well as to the public order and other relevant laws. The Garda Síochána monitor and visit these clubs as part of their general policing operations. In addition, persons directing private clubs offering casino games to members must comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. That Act requires private members' clubs at which gambling activities are carried on to register with my Department; my Department's anti money laundering unit follows up with inspection visits and other controls. It must be emphasised, however, that registration does not in any way convey any legitimacy on or regulation of the general gaming activities of these clubs.