Dáil Éireann Debate, Tuesday - 2 April 2019
139. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform the gambling regulations which apply to the national lottery; if this is the same regulation that applies to other forms of gambling; if not, the reason for the difference; and if he will make a statement on the matter. [15064/19]
View answerThe National Lottery Act 1986 allowed for the creation of a National Lottery in Ireland, and since its launch in 1987 over €5 billion has been raised for use by good causes in communities and organisations across the country.
From its inception until February 2014, the National Lottery was operated under licence by the An Post National Lottery Company, which was 80% owned by An Post and 20% owned by the Minister for Public Expenditure and Reform.
In April 2012, the Government agreed that there would be a competitive process for the award of the next National Lottery licence. Further to this process, Premier Lotteries Ireland (PLI) was awarded a 20 year licence in February 2014, which raised €405 m for use by job rich projects such as the Wild Atlantic Way and the National Sports Campus.
The National Lottery Act 2013 was passed to provide new governing arrangements for the National Lottery, which included the establishment of a National Lottery Regulator.
The functions of the Regulator are described in the Act, and include the following:
- To procure the holding of the National Lottery.
- To monitor the operation of the National Lottery and to monitor and enforce compliance with the Act and the Licence to operate the National Lottery.
- To consider for approval certain matters relating to the National Lottery (including schemes for National Lottery games).
- Manage and control the National Lottery Fund.
The regulator must exercise these functions with the objectives of ensuring the probity and long-term sustainability of the National Lottery, that the interests of participants are protected, and, subject to those objectives being met, maximise returns for good causes.
The Regulator monitors the activities of the Operator in accordance with her statutory objectives and in order to ensure compliance with the Act and Licence. The 118 page Licence to operate the National Lottery covers a very wide range of aspects which relate to the operation and regulation of the National Lottery including: payments to the National Lottery Fund, testing of draw equipment, use of trademarks, and the Operator's obligations at the end of the Licence period.
There are also four Codes of Practice in place, including a Sales Code of Practice, a Participants' Code of Practice, an Advertising and Promotion Code of Practice and a Vetting Procedures Code of Practice. Further detail regarding these Codes, and the National Lottery Licence (subject to a small number of redactions) is available on the Office of the National Lottery Regulator's website (www.rnl.ie).
The elements of the Licence and its Codes that apply to the regulation of the sale of National Lottery products include rules in relation to:
- The content of advertising and promotion of National Lottery games.
- Responsible gaming.
- Seeking approval for new games or amendments to existing games.
- Prohibited games.
- Registration for interactive channels.
- Preventing the sale of National Lottery games to minors.
- Standards to be observed by Retailers and their staff or employees.
- Monitoring of retailers.
While this type of regulation is in place to monitor and ensure compliance with the National Lottery Act 2013, the licence to operate the National Lottery and to manage and control the National Lottery Fund, Minister of State with special responsibility for gambling regulation, David Stanton TD, recently announced that the Government has approved plans to establish an Irish gambling regulatory authority.
This decision is part of two initiatives agreed at cabinet in relation to the future regulation of gambling in Ireland. The Department of Justice and Equality will now draft the necessary heads of legislation. In parallel, work will be advanced on scoping the resources needed to establish an effective regulatory regime.
