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Betting Legislation

Dáil Éireann Debate, Thursday - 11 December 2014

Thursday, 11 December 2014

Questions (80)

Michael McGrath

Question:

80. Deputy Michael McGrath asked the Minister for Finance the reason for the delay in extending betting duty to online activity; and if he will make a statement on the matter. [47690/14]

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Written answers

The Betting (Amendment) Bill 2013 provides the regulatory framework for remote betting operators and when enacted will allow for the taxation of remote operators thus levelling the playing field with traditional bookmakers.

The Betting (Amendment) Bill 2013 has been the subject of a number of delays. The Bill was first published in July 2012 but further work was required around the area of prosecution and enforcement. The Bill was then republished in July 2013 given the resulting significant changes. On publication, the Bill entered a standstill period of 3 months under the EU Technical Standards Directive.

The Bill was amended at Committee Stage in the Dáil to allow the Revenue Commissioners to take on the functions ascribed to the Minister for Justice around compliance. The advice from the Attorney General's office was that these amendments constituted a substantial policy change and accordingly had to be notified under the EU Technical Standards Directive. This notification gave rise to a further standstill period of 3 months from June to September 2014.

At the end of this period, the Department received a Detailed Opinion from the Commission around "blocking" measures concerning provisions in the Bill that service providers will not provide services to unlicensed remote operators. The Commission's Detailed Opinion necessitated an extension of the standstill period of one month, up until end October 2014. Subsequently, an intervention by Malta under the EU Technical Services Directive has further extended the standstill period until 5th January 2015. Malta has expressed an opinion concerning the same "blocking" issue raised by the Commission and has also raised concerns at the prohibition on any person, who may be licensed by another jurisdiction, from offering betting services to persons within the Republic, unless they hold a licence issued by the competent authority in Ireland. Detailed responses has been provided to both these communications. 

As soon as the standstill period is completed, it is my intention to progress all remaining stages of the Bill through the Oireachtas. I share the Deputy's frustration at the delays involved in progressing the Bill, however, it is necessary to follow all relevant procedures set out under the EU Technical Standards Directive.

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