[Oireachtas] Dáil Éireann debate. Questions 483 & 484 – Gambling sector [10222/24, 10223/24]. (05 Mar 2024)
External website: https://www.oireachtas.ie/en/debates/question/2024...
483. Deputy Bernard J. Durkan asked the Minister for Justice to outline the Gambling Regulation Bill’s proposed watershed ban on gambling advertisements, particularly considering the Bill’s aim to protect vulnerable persons and provide clarity and equity for the gambling industry; and if she will make a statement on the matter. [10222/24]
James Browne, Minister of State at the Department of Justice: Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department. The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
The Gambling Regulation Bill 2022 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 including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
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. My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors and 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.
Once enacted, the Bill will provide the Authority with the necessary enforcement powers for licensing and enable it to take appropriate and focused action where providers are failing to comply with the provisions of this Bill and with the Authority’s licensing terms, conditions and regulations.
In line with its public health focus, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included following a clear recommendation of the Joint Oireachtas Committee on Justice in their pre-legislative scrutiny report published in May 2022.
Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume/amount of advertisements that can be shown during commercial breaks, for example.
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Dáil Éireann debate. Question 484 – Gambling sector [10223/24]
484. Deputy Bernard J. Durkan asked the Minister for Justice the steps that will be taken in the context of the Gambling Regulation Bill to ensure the protection of vulnerable persons, with particular reference to the decision to exempt the National Lottery from the Bill’s inclusion of a prohibition on inducements; and if she will make a statement on the matter. [10223/24]
James Browne, Minister of State at the Department of Justice: Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department.
The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
The Gambling Regulation Bill 2022 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 including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
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. 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.
The Bill completed Committee Stage in Dáil Éireann on 11 July 2023 and my Department is currently preparing amendments to the Bill for Report Stage. I am hopeful that the Bill will be enacted in the coming months.
In line with its public health focus, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included following a clear recommendation of the Joint Oireachtas Committee on Justice in their pre-legislative scrutiny report published in May 2022.
Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the number of advertisements that can be shown during commercial breaks, for example.
The Bill also includes a number of protections and safeguards such as:
- a prohibition on the use of credit cards to pay for gambling and the offer or extension of credit (of any kind) or loans or similar facilities to people participating in gambling.
- providing the Authority with the ability to prohibit other forms of payment by regulations;
- providing the Authority with power to set limits on the amounts of money that may be lodged when gambling online and limits on the number of lodgements a person may make with licensees within in a particular timeframe;
- obligations on licensees to provide proper and transparent information to customers when opening an account and while participating in gambling activities;
- obligations on licensees to provide facilities to allow people to set limits on the amount of money that may be lodged to their account in a particular timeframe;
- specifying the information to be provided to people gambling online, while they are playing, to inform them of their winnings and losses; and
- obligations on licensees to train staff to be able to identify excessive and compulsive gambling behaviour according to standards set by the Authority.
Furthermore, the Bill provides for:
- the establishment of the National Gambling Exclusion Register to allow any person to register with the Authority to exclude themselves from gambling online with one or more licensed operators, or from specific gambling activities, for a specific or indefinite period of time. Where a person registers with the Authority a licensee may not:
- accept a payment for gambling from a person on the Register;
- or communicate with a person on the Register in a way that encourages or promotes gambling; and
- the establishment and management of a Social Impact Fund by the Authority, funded by mandatory contributions from the gambling industry, to finance research and related initiatives to reduce and eliminate compulsive and excessive gambling, to support awareness–raising and educational measures and to support problem gambling treatment activities.
As the Deputy will be aware, the National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform and not the Department of Justice.
While the National Lottery will not fall under the remit of the Gambling Regulatory Authority of Ireland, the operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is already regulated by its own dedicated regulator – the Regulator of the National Lottery.
F Concepts in psychology > Process / behavioural disorder (addiction) > Process disorder policy
F Concepts in psychology > Process / behavioural disorder (addiction) > Process disorder industry or business
MM-MO Crime and law > Social, health, criminal legislation (law)
VA Geographic area > Europe > Ireland
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