Premier Jennifer Smith yesterday hit back at claims that Government had a "vague'' stance over gaming machine laws and said legislation should speak for itself.

Opposition MPs yesterday demanded to know what course of action Government would take on private homes that operated the machines and called on Government to "come clean'' on the matter.

The United Bermuda Party's tabled questions in the House of Assembly after The Royal Gazette reported that businessman Neil Inchcup was operating a private club in his home which was equipped with gaming machines, poker tables and one-armed bandits.

Mr. Inchcup and his lawyers stressed the "proper legal channels'' were followed and he was "operating within the confines of the law''.

Yesterday Shadow Minister for the Environment Gary Pitman questioned the legality of operating the machines in a private home and Ms Smith told him Government's view was consistent with section 155 of the Criminal Code Act of 1907.

"The Minister is well aware of the Criminal Code, but I'm saying this for members of the public who may not be so familiar.'' She said: "Any person who keeps a common gaming house is guilty of a misdemeanour and is liable to 12 months imprisonment and on conviction on indictment to imprisonment for two years.'' When asked if she knew how many gaming machines operated in the Island, Premier Smith said there were 268 machines operating in licensed premises.

However she could not specify how many were operating in private homes.

And Ms Smith advised the public to contact the Police if they were concerned about gaming machines and potential illegal activity.

Ms Smith said any criminal proceedings concerning the issue constitutionally did not fall under the Government and its Ministries.

Instead, inquiries should be put to the Governor, she said.

"Whenever I have an issue I need answers to, I go to the Governor,'' she told The Royal Gazette . "If you don't get any answers from the Police concerning the matter, and if they're not doing their job, then you go to the Governor.'' According to the current legislation passed last December 10, no new gaming machines or their spare parts are allowed to be imported into the Island.

Ms Smith continued there were moves afoot to bring a second phase to the amendments of the 1999 Act and she reminded the House that her Government was the first to take a serious stance in banning the machines.

The Premier said: "I have already stated the position of this Government concerning the laws. The Government has made clear its indication to phase out gaming machines.

"Under the previous Government these machines were allowed. We are the first Bermuda Government to take a stand on gaming in the House.'' Mr. Pitman said he was not satisfied with the Government's official position and hoped that new amendments concerning the Act would come soon.

"I was disappointed in the answers to the questions tabled,'' he said. "They didn't come out one way or the other, instead they hid behind the Criminal Code.'' Mr. Pitman also insisted that it was the Government's job to ensure that the proper prosecution avenues were set into place.

"I basically feel the Government must be sure that the Department of Public Prosecutions (DPP) are doing their job. The proper steps need to be in place so that the DPP's office are made aware of this situation.'' When Police were contacted yesterday as to the status of Mr. Inchcup's business, they said there was an ongoing investigation.

Premier Jennifer Smith