Debate resumed on amendment No. 33:

In page 56, between lines 26 and 27, to insert the following:

“Prohibition of advertising

67. (1) A person shall not advertise gambling, or cause gambling to be advertised.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable—

(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding six months, or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding three years, or both.”.

- (Deputy Aodhán Ó Ríordáin)

Amendment put and declared lost.

Minister of State at the Department of Justice (Deputy James Browne):

I move amendment No. 34:

In page 56, to delete lines 27 to 38, and in page 57, to delete lines 1 to 8.

Amendment agreed to.

Deputy James Browne:

I move amendment No. 35:

In page 58, to delete lines 35 to 38, and in page 59, to delete lines 1 to 22 and substitute the following:

“Cheating at relevant gambling activity

73. (1) A person who cheats at a relevant gambling activity is guilty of an offence and is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

(2) For the purposes of subsection (1), it is immaterial whether the person who cheats—

(a) makes a gain, or

(b) improves his or her chances of making a gain.

(3) Without prejudice to the generality of subsection (1), a person cheats where he or she interferes with or manipulates—

(a) the process by which a relevant gambling activity is provided,

(b) a relevant gambling product or relevant gambling related service being used for a relevant gambling activity,

(c) an event to which a relevant gambling activity relates, or

(d) the outcome of a relevant gambling activity.”.

Amendment agreed to.

An Ceann Comhairle:

Amendments Nos. 36 and 38 to 41, inclusive, are related and can be taken together.

Deputy James Browne:

I move amendment No. 36:

In page 59, lines 28 to 32, to delete all words from and including “(1) Where” in line 28 down to and including line 32 and substitute the following:

“(1) Where the Authority has reasonable grounds for believing that a person (in this section referred to as a “relevant person”) is providing a gambling activity in contravention of Chapter 1 or is advertising a gambling activity (in this section referred to as a “prohibited gambling activity”), the Authority may apply to the Court for either or both of the following:

(a) an order directing the relevant person to cease the prohibited gambling activity;”.

Deputies will recall on Committee Stage of the Bill that I signalled my intention to amend and clarify the provisions of the Bill governing advertising gambling activities. This is the first substantive amendment to that effect. Section 74 of the Bill provides the authority with robust powers by way of application for court orders to address persons providing gambling activities in contravention or breach of Chapter 1 of this Part, namely, where a person operates without an appropriate gambling licence.

The various court orders provided for in this section include blocking Internet service provision of a prohibited gambling activity; blocking financial payments to unlicensed operators; blocking the disposal of assets by such an unlicensed operator or reducing assets below a certain level; and compelling the surrender of any gambling products used in the provision of a prohibited gambling service. These provisions are a key element of the authority's regulatory armoury and seek to ensure there is an efficient methodology for addressing activity by unlicensed gambling operators.

As I have previously stated, two of the key objectives of the Bill are to ensure that people are protected when they choose to gamble and that licensees are reassured that they can operate in a properly regulated environment. Both these objectives relate to addressing the issue of unlicensed or black market operators. The section as currently drafted allows the authority to seek a coherent order to block access to gambling activities where they are provided by unlicensed operators. It does not, however, address an unlicensed operator advertising gambling in the State. This matter needs to be addressed to protect people participating in gambling by ensuring they interact with a properly licensed and regulated operator rather than potentially with a black market operator.

The purpose of this group of amendments, Nos. 36 and 38 to 41, inclusive, is to provide that where an unlicensed operator is advertising unlicensed gambling activities, from either inside or outside the State, the authority may seek orders compelling the unlicensed person to stop providing those activities and services or to block any advertising of such activities or services.

As I have already told the House, these amendments are crucial in protecting people from gambling with black market and unlicensed operators and ensuring that people participating in gambling are protected by the new authority.

Amendment agreed to.

[Click here to read the full debate]