Some legislation governing public lotto in a historical context with focus on present-day Malta

Abstract

In the words of one lottery director: "Lotteries are different from any other gaming product. Lottery players risk a small amount of money against very long odds to win a large prize, with the net proceeds going to the public good." Prior to 1922 Malta did not have a Public Lotto owing to the fact that the Maltese participated in the Sicilian Lotto. This meant that there was a considerable outflow of money from the country. The Public Lottery Department was created in 1923, some eighty odd years ago. It was a government Monopoly under the control of the Ministry of Finance. The Government introduced the system by the enactment of the Public Lotto Ordinance on the 30th October 1922. It was a foregone conclusion that it would be based on the Italian system given that the Maltese were familiar with the Continental system. The government resorted to the enactment of the Ordinance in order to protect the general public. By deviating the outflow of money going to Sicily and other foreign countries into the local coffers and exploit it for local social purposes. This thesis focuses on the history behind the process of the legislation governing the Public Lotto and its subsequent ramifications, and therefore, gaming in general. The relevant legislation, from its origin beginning 1922 onwards is treated. The legislations giving rise to the Public Lotto Ordinance are also treated.

The thesis and the period researched begins with a brief history of gaming which was referred to as "Gambling", in which the Maltese indulged, and ends with the transformation and privatisation of the Public Lotto and the Public Lotto Department in Malta. The first chapter mentions the aims of the thesis, the sources tapped into and the method used. Next, the second chapter, deals with the history of gaming in general and also specifically in Malta under the Hospitallers. The third Chapter focuses on the history and issues, governing the basis of the construction of the legislation governing the Public Lotto. The fourth Chapter gives an insight into the laws that went into the regulation of the Public Lotto and Gaming in Malta. The fifth Chapter takes a look at present day enactments as a direct result of the current social trends. A number of the contemporary laws and regulations are meant to prevent Money Laundering. Even though the Public Lotto and Gaming in general are not directly related to the laws on Money Laundering, the want and the necessity of stricter rules are seen in those Laws governing gaming especially when referring to Online Gaming and Gambling. The sixth Chapter outlines the future trends of the gaming world and need for all the responsibility that should be shown when playing. It also gives insight into the position taken by the European Union. The Conclusion makes a brief recapitulation of the leitmotif of the thesis.