Dáil Éireann Debate, Tuesday - 4 July 2006
549 Mr. Kenny asked the Minister for Justice, Equality and Law Reform his views on the extent of internet gambling here; his assessment of the impact of the extent of this increasing trend; and if he will comment on the estimated number of persons who gamble by internet and the estimated extent of such gambling on an annual basis. [26168/06]
View answerThe Internet is an international and world-wide phenomenon. It has no borders and no single organisation controls it. Measures to combat illegal materials and activities on the Internet are therefore hampered by a multiplicity of jurisdictions, differing legal systems, and differing societal norms. Furthermore, new developments in communications technologies allowing for Internet access by new means are a regular occurrence. These are largely positive developments but also bring particular challenges for those charged with protecting against its downsides.
Combating illegal use of the Internet requires responses at national, EU and international levels. In terms of enforcement, as the Deputy will be aware, in Ireland, as well as in most jurisdictions, what is illegal off-line is considered illegal on-line. In Ireland the Gaming and Lotteries Acts, 1956-86, cover gaming and lotteries other than the National Lottery, which is covered by the National Lotteries Act 1986, with the Betting Act 1931 governing all matters relating to betting. These Acts govern activities whether online or offline. In general, all forms of gaming are illegal in this jurisdiction except where specifically permitted.
An Interdepartmental Review Group, tasked to examine the Gaming and Lotteries Acts 1956-1986 noted that "liability issues in the internet gambling area are likely to be as complex as in other areas of Internet activity. For example, in an internet environment, special consideration would have to be given to both the liability and protection of the player. With Internet operations, the provider may not be within the jurisdiction and may be providing a service which may be legal where the service is being hosted, but illegal where the service is being accessed. This is not an unusual phenomenon in Internet services. The logistical (not to speak of legal) difficulties of dealing with this situation and of enforcing the law at player level are enormous. Attempts to fix liability at Internet Service Provider Level are also fraught with difficulties." At the time of the Review in early 2000, industry sources estimated the number of on-line (internet) casinos at around 1,200 and growing.
The Review Group at the time felt unable to make specific recommendations with regard to the regulatory environment which should apply to any future Internet gaming and lottery activities, other than to point out that any such activity should be in conformity with national legislation.
Under a Code of Practice and Ethics agreed by the Irish Internet Service Provider Industry in 2002, material or services that are illegal under Irish law will not be carried on Irish servers, and if such is found they will be removed immediately under agreed protocols. Unlike child pornography, however, where there is almost universal agreement, online gaming/gambling is not illegal in many jurisdictions, and these services can be accessed via the internet from this jurisdiction.
I can further inform the Deputy that, the range of illegal uses of the Internet and the enforcement difficulties associated with such use was also examined in the first report of the Working Group on the Illegal & harmful Use of the Internet published in 1998. While that report did not examine the specific problems associated with gambling on the internet, many of the conclusions reached in the report are valid for the gambling area.
No evaluation of the number of persons who gamble on the internet or of the estimated extent of such gambling on an annual basis has been attempted to date.
