266. Deputy Eoin Ó Broin asked the Minister for Justice if the proposed legislation for the regulation of the gambling industry contains provision for holding companies to account in the event that they make unsolicited contact with previous patrons who experienced problem gambling; if so, what that provision is; and, if not, if a route for resolution for these occurrences will be considered in light of the traumatic impact they have on individuals. [20216/23]

Minister of State at the Department of Justice: James Browne: As the Deputy will be aware, the Gambling Regulation Bill 2022 was published on 2 December 2022. The Bill 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 – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

The Bill completed Second Stage in the Dáil on Tuesday, 6 December 2022 and my Department is currently preparing amendments to the Bill for Committee Stage which is expected to take place in the coming months.

Section 44 of the Bill provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. A person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During their exclusionary period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any moneys held by a licensee must be refunded to that person within 7 days of entry on the Register.

Section 45 of the Bill prohibits licensees from –

• allowing a person on the Register to gamble
• accepting a payment for gambling from a person on the Register, or
• communicating with a person on the Register in a manner that would encourage that person to gamble or that promotes gambling

A licensee that breaches such a prohibition shall be guilty of an offence and liable on conviction to up to 5 years imprisonment, a fine, or to both.

The Bill also contains restrictions on the advertisement of gambling activities.  Aside from a 5:30 am to 9pm ban on advertising on television, radio or an on-demand audio-visual media service, it also prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.