Thursday, October 17, 2024

Landmark gambling law clears Oireachtas

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Landmark legislation on gambling has been approved by the Oireachtas.

The Gambling Regulation Bill 2022 provides for a streamlined approach to licensed gambling activities to replace the currently fragmented regime between the Totalisator Act 1929, the Betting Act 1931 and the Gaming and Lottery Act 1956

It sets out the framework and legislative basis for the establishment of a new, independent statutory body — Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland (GRAI) — and for a modern and robust licencing and regulatory framework for both in-person and online gambling.

The bill provides for the establishment and operation of the National Gambling Exclusion Register and introduces tight restrictions on the advertisement of gambling activities.

It also provides for the creation of a Social Impact Fund to support awareness-raising and educational measures and to support problem gambling treatment activities.

With regard to 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.

James Browne, minister of state at the Department of Justice with responsibility for law reform, said: “I am truly delighted to welcome the passage of this long-awaited legislation, which is the result of many years of hard work by myself and a team of dedicated Departmental officials.

“It provides for a new streamlined, simplified and coherent licensing framework — one that reflects the nature of gambling in modern society and addresses the proliferation of digital gambling activities and advertising in recent years.

“At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities.

“When established, the Gambling Regulatory Authority of Ireland will have the necessary enforcement powers to enable it to take appropriate and focused action where providers are failing to comply with the provisions of the Authority’s licensing terms, conditions and regulations. 

“My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.

“We have worked hard to get this right and the position taken in the proposed legislation has been robustly reinforced by the findings of a comprehensive ESRI study on problem gambling, gambling behaviours and the perception of gambling in Ireland.”

Anne Marie Caulfield, CEO designate of the new regulator, said: “The passage of the Gambling Regulation Bill is an important milestone towards the establishment of the Gambling Regulatory Authority of Ireland which will ensure a well-regulated gambling sector while protecting the public from gambling harms.

“While we have a lot of preparatory work done, we will have a phased introduction of our functions, with a focus on licensing initially.

“As CEO designate of the new authority, I am determined to ensure that licensees operate in accordance with the legislation while also fulfilling our mandate to establish safeguards to address problem gambling. We are also committed to engaging with stakeholders as we establish this new regulatory regime for Ireland’s gambling and gaming sector.

“The bill introduces a number of additional measures to protect people who participate in gambling and provides for the creation of a Social Impact Fund, which will be used to finance research and related initiatives to address problem gambling behaviours, to support awareness–raising and educational measures and to support problem gambling treatment activities.”

Budget 2025 provides €9.1 million for GRAI in 2025, including €4m of ICT capital investment.

Mr Browne added: “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.

“I congratulate Ms Caulfield for her ongoing preparatory work which ran in parallel with the passage of the Gambling Regulation Bill.”

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