The Irish Minister for Justice, Equality and Law Reform announced earlier in August 2006 that he would establish a Committee to report to him on regulating casino operations in Ireland. On Friday, 25 August a general invitation was issued to make submissions to the Committee. Submissions must be directed by email to the Committee no later than Friday, 15 September 2006. This deadline is tight compared to those applicable to other Irish governmental consultation processes relating to new legislation.

By the end of October 2006 the Committee must report to the Minister regarding the possible legislative basis for the regulation of casino style operations in Ireland. These operations have been broadly defined in the documents published to date, and include internet casinos. Curiously the Committee's terms of reference not only refer to regulation but to "strict regulation" indicating, perhaps, the intentions of the Minister in this area. The Minister's original intention to ban casinos was well publicised in the Irish media.

It is interesting to note that the Committee comprises solely of representatives of public bodies, although it is chaired by an independent barrister. There are no private gaming or casino industry voices on the Committee. This highlights the need for those members of the industry who are interested in the Irish market to make submissions.

The terms of the invitation seeking submissions refer to:

1. the form of regulations;
   
   
2. the functions and powers of any regulatory body;
   
   
3. the licence system;
   
   
4. codes of practice;
   
   
5. investigation of complaints;
   
   
6. entry and inspection;
   
   
7. appeals against decisions;
   
   
8. nature and types of offences; and
   
   
9. internet gambling.

However these topics are not stated to be exhaustive. Persons submitting submissions should not feel limited to these subjects. Reference is also made to the role of local authorities and to the requirements of the Financial Action Task Force.

The Financial Action Task Force (FATF) is an inter-governmental body charged with the responsibility for developing and promoting national and international policies combating money laundering and terrorist financing. In a report dated 17 February, 2006 the FATF evaluated Ireland's performance in these areas. This report identified private gaming clubs operating casino-like facilities as creating money laundering and financial terrorism risks. The FAFT noted the legal loophole which allowed these private gaming clubs to operate these facilities. The FATF flagged the activity as a "matter of concern" for their reporting team.

Those submitting papers to the Committee would be advised to remember that this may be their only opportunity to comment on regulation of casinos in Ireland before new legislation comes into effect. The list of topics upon which the Committee will report indicates that the change in law may be introduced by way of regulations. Unlike change of law by way of statute, the general public does not always have the opportunity to comment on draft regulations.

Take the opportunity to have your say, while you can!

If you would like LK Shields Solicitors in Dublin to assist you in formulating a submission to the Committee on the Regulation of Casinos in Ireland, please contact Deirdre Kilroy or Aine Matthews or by telephone on +353 1 661 0866.

August 2006.