330. Deputy Verona Murphy asked the Minister for Finance if it is the practice of the Revenue Commissioners to issue remote betting licences to entities offering remote betting products to Irish consumers that are also offering from the same websites or apps, games and lotteries by remote means which are illegal to offer remotely in Ireland; if any such practice should change; and if he will make a statement on the matter. [39826/22]

Minister for Finance: Policy on gambling regulation mainly falls within the remit of my colleague, the Minster for Justice. Gambling regulation is currently provided for, in particular, by the Betting Act 1931 (as amended) and the Gaming and Lotteries Act 1956 (as amended). These acts provide for the licensing and operation of bookmakers, and for the control and regulation of gaming and lottery activities.

The operational aspects of gambling regulation are dealt with by a number of State bodies including An Garda Síochána, the Courts and Revenue. Revenue has specific statutory responsibilities in relation to the issuing of excise licences for certain specified betting activities and also, of course, in relation to the collection of tax and duty.

All bookmakers, remote bookmakers, and remote betting intermediaries are required to hold a valid excise licence. Such licences are issued by Revenue, in accordance with legislative provisions, and registers of all licences issued are published on Revenue’s website.

The statutory provisions on the authorisation of remote bookmaking services are contained in the Betting Act 1931, as amended. The provisions assign specific functions to An Garda Síochána, the Minister for Justice, the Courts and Revenue. In line with section 7B of the Betting Act 1931 (as amended), Revenue is required to issue a remote bookmaker’s licence on foot of:

• confirmation that the applicant for a licence has a Certificate of Personal Fitness as provided for in section 5 of the Betting Act 1931 (as amended)
• payment of the relevant excise licence fee
• confirmation of tax clearance status by the applicant for a licence.

Therefore, Revenue can only issue a remote bookmaker’s licence if the relevant operator has obtained a Certificate of Personal Fitness from either An Garda Síochána or the Minister for Justice indicating that the operator is a fit and proper person to hold a remote bookmaker’s licence. A Certificate of Personal Fitness is obtained from An Garda Síochána for operators located in the State, or the Minister for Justice for operators located outside of the State.

Furthermore, section 7B (3) of the Betting Act 1931 ensures that once all the requirements as set out above have been met, Revenue does not have discretion to refuse the issuing of a Remote Bookmaker’s Licence on any other grounds.

I am informed by Revenue that it does not have any role in the regulation of online websites or apps that offer games and lotteries.

The Deputy will recall that, in a reply to one of her questions last month, my colleague, the Minister of State at the Department of Justice, outlined to the House that “gaming” as understood by the Gaming and Lotteries Act 1956 does not include the provision of games and lotteries by remote means, such as online or via apps. In that context, the Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. As the Deputy will be aware from my colleague’s recent reply, the Government has approved the Gambling Regulation Bill for priority drafting and publication, and drafting is under way under the policy direction of the Department of Justice.