Landmark legislation to regulate gambling has finally been passed by the Oireachtas after 17 years of planning and the involvement of six successive ministers in trying to progress it.
The Gambling Regulation Bill, championed since 2020 by Minister of State James Browne is the first comprehensive legislation to regulate the gambling industry since 1956, in a sector that is estimated to be worth between €6 billion and €8 billion annually.
Published in 2022, the Bill confirms the establishment of a seven-member Gambling Regulatory Authority with its chief executive designate, Anne Marie Caulfied, already in place. The regulator will have strong powers on mandatory licensing and in setting down conditions for licences.
Its remit will also cover advertising, sponsorship, protecting problem gamblers, and ensuring children are not exposed in any way to the industry. The Bill introduces a social impact fund, paid for by the industry to support educational measures and problem gambling treatment activities.
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It prohibits related advertising from 5.30am to 9pm and provides for prison sentences of up to eight years on those who fail to protect children from gambling.
Mr Browne told the Dáil on Wednesday night that “an extraordinary amount of work has gone into an extremely complex piece of legislation”. He said the Bill “will not simply regulate a massive industry that has largely gone unregulated but coming from a public health perspective, ensures that the relevant sections to protect the public” are in place.
He added that there are strong provisions in the Act, which will allow the regulator to make recommendations to the Minister “to change regulations to move as the industry moves and changes in how they may target people”.
The legislation moved back to the Dáil last night after the Minister introduced amendments in the Seanad to address the potential impact on charities and sports clubs advertising fundraisers, following extensive lobbying by representatives of the groups.
Inducements such as “free bets”, VIP treatment, free credit and free hospitality are all banned under the legislation. Adults will have to actively opt in to receive betting advertisements online and the legislation also provides for a ban on social media advertising.
Sinn Féin finance spokesman Pearse Doherty warned however that there was a significant loophole in the legislation where companies could have competitions whether for “10 Oasis tickets and two nights in Dublin” or for a new car or even a new house.
He said that “as long as you have opted in and they have your mobile phone number they can advertise as much as they want” through text messaging.
But the Minister said there is a dedicated section in the legislation on advertising and if anybody is in a situation where they have consented to be included “they would always be able to draw consent at any time”.
On black market operators, the Bill “contains a suite of measures to address illegal or criminal gambling activity and includes explicit prohibitions on illegal activity or practices, some of which could result in significant custodial sentences”.
The gambling regulator will receive €9.1 million in 2025.
The Minister said: “I am conscious that many people have strong views on the issue of gambling, and I believe that this Bill is designed to meet the challenges of gambling responsibly in 21st century Ireland.
“The Bill takes a responsible approach to balancing the freedom to gamble with the safeguards to protect people from falling prey to addiction. This Bill provides a clear framework for operators and for consumers.”
The legislation now goes to President Michael D Higgins for consideration and signing into law.
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