Written answers

Tuesday, 4 October 2011

Department of Justice, Equality and Defence

Proposed Legislation

8:00 pm

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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Question 471: To ask the Minister for Justice and Equality if he is planning an update of the Gaming and Lotteries Acts; if regulations exist setting out the guidelines relating to the winding up of a lottery organised by a community group; and if he will make a statement on the matter. [27272/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Lotteries (other than the National Lottery) are regulated under Part IV of the Gaming and Lotteries Acts 1956 to 2003. Various types of lottery are catered for, two of which require, in the case of section 27, a permit from a Garda Superintendent or, in the case of section 28, a licence from the district court. The remainder, in sections 23, 24 and 25, are subject to the provisions in those sections and to Part IV generally but do not require permits or licences. The Act specifies certain matters to be satisfied in relation to each lottery, including matters of good character. In addition, Section 50 provides for regulations on the keeping of accounts for lotteries and related issues. Two sets of regulations have been made, SI No. 212 / 1961 and SI No. 32 / 1966. The regulations do not address, nor are they required to, the issue raised by the Deputy, namely the winding up of a lottery organised by a community group.

I think it appropriate to distinguish between a lottery, which must be conducted in accordance with the 1956 Act, and the internal arrangements of the organisation organising it, including arrangements about the winding up of the organisation. Those arrangements are more likely to be dealt with in the organisation's Rules or similar instrument or by consensus among the membership.

On the question of updating the current law on gaming, including lotteries, the Deputy may be aware that I recently announced my intention to prepare new legislation to modernise our laws on gambling; that term covers both gaming and betting. I hope to be in a position to present a full draft of the legislation to the Government in the Spring of 2012, for its approval.

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