The Legal Framework
As part of the UK, Northern Ireland follows many of the laws passed through the UK parliament in Westminster. However, following the devolution of power to the nation in 1999, the country’s leaders can make decisions on how the country is run independent of Westminster’s laws and legislations.
One such area where Northern Irish ministers have chosen to exercise their rights involves the regulation of gambling. While in the rest of the UK, gambling activities are regulated by the Gambling Act 2005, Northern Ireland’s gambling laws are still based upon the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985. And while the 2005 parliamentary act has significantly updated the UK’s gambling laws to keep up with the ever-evolving gambling landscape, allowing for the expansion and casinos and other gaming activities, the same can’t be said for Northern Ireland.
The 1985 order imposes strict regulations on all forms of gambling in the country, notably prohibiting the development of casinos. It is illegal to offer prizes to individuals in competitions if there is a component of luck involved, essentially limiting any form of casino activities. There are exemptions to the rule with lotteries perfectly legal, while betting shops are also permitted under the act. Furthermore, as there is no specific law prohibiting online platforms, the emergence of digital spaces in recent years has offered new options for casinos, with players now able to access a wide range of new casinos to play.
Cultural and Religious Influences
Such stringent gambling regulations can only truly be understood by looking further into the complex cultural and religious foundations of Northern Ireland as it is today. From the late 1960s up until the Good Friday Agreement in 1998, the country faced an internal conflict colloquially known as the Troubles. Fought between Unionists, who were largely Protestant and the mainly Catholic Irish republicans, the conflict concerned the status of Northern Ireland with the two groups disagreeing over whether Northern Ireland should be part of the UK.
Although the difficult days of the Troubles remain largely in the past, the country remains highly religious, especially when compared to the rest of the UK. While 56% of British people consider themselves Christian, this figure is closer to 84% in Northern Ireland. And when it comes to gambling, both Catholic and Protestant communities hold traditional, conservative views with many religious leaders strictly opposed to gambling activities. These views have influenced public opinion and with it the regions legislative approach to controlling gambling. With the country becoming increasingly secular in recent years however, public opinion could soon start to shift.
Political Stalemate in Stormont
Devolved power is shared in Northern Ireland. Following on from the 1998 agreement, unionist parties and nationalist parties share power in the Northern Ireland Assembly ensuring that all people in the country are fairly represented. While this has proven a good method for ensuring equal representation, the political landscape of Northern Ireland is characterised by division and sensitivity with the parties sharing power often fundamentally disagreeing on many issues – including gambling. In fact, suspensions of parliament, political stand-offs and controversial resignations have meant that the Northern Irish Assembly has only had a functioning government for a third of its lifespan.
Attempts to reform outdated legislation, such as the 1985 gambling laws, have therefore been slow to progress. While there have been some attempts over the years to update gambling legislation, they have been sporadic and due to political challenges, unsuccessful. In a promising turn of events, the devolved government was finally restored earlier this year after a two-year hiatus. Maybe some legislative reform is on the horizon.
A Bright Future for Casinos in Northern Ireland?
A combination of the cultural shift towards a more secular society, with a quieter voice from religious institutions, and an increased acceptance by policymakers that gambling reform should be higher up the agenda, could mean that soon we may see a change to the legal standing of casinos in Northern Ireland. Following the re-engagement of parliament at Stormont this year, the proposed Betting Gaming Lotteries and Amusements (Amendment) Bill, which was passed into law in 2022 will be put into action. While this law deals only with the activities of lotteries and bookmakers, most notably allowing them to operate on Sundays, it represents a significant step in the overhaul of the country’s gambling policy. Overcoming such strong cultural and political objections to casinos remains a difficult hurdle to jump over, however, and it may be a while longer before more reforms are passed into law.
The prohibition of casinos in Northern Ireland continues to represent the diverging pathways of the country’s laws from its British counterparts as a result of its difficult modern history. It reflects the effects of social conservatism on restricting the modernisation of outdated laws while highlighting the need for governments to commit to tackling key issues. On the other hand, Northern Ireland’s positive trajectory since the millennium should not be ignored, with the country gradually making amendments to their laws, not just in gambling but in all aspects of life. The question still remains as to whether Belfast will one day have a casino of its own. Only time will tell.