Dáil Éireann Debate, Monday - 11 September 2023
1149. Deputy Fergus O'Dowd asked the Minister for Justice to respond to concerns raised by a person (details supplied ) in respect of the potential impact the Gambling Regulation Bill 2022 may have on not just charities but also local sporting organisations; and if she will make a statement on the matter. [38211/23]
View answerThe 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, and for the regulation of gambling advertising, websites and apps.
The Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes such as charities, local sports clubs and for other good causes.
However, from the outset, it is important to emphasise that charities and other causes, including local sports clubs, that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956. The Gambling Regulation Bill is a direct continuation of this policy, and the measures, albeit modernised, provided for in the 1956 Act. The exclusion of the charity sector and sporting organisations would result in a removal of safeguards and protections that those sectors have complied with for close to the past 70 years.
The Government recognises and appreciates the hard work of, and services provided by, charities in the State and fully supports the huge role that sports clubs play in our local communities, not least from a social and health perspective.
In particular, section 87(4)(v) of the Bill provides that the advancement and promotion of sport shall be considered a charitable or philanthropic cause under the Bill, and this provision was specifically included to ensure that local GAA, football and other sporting clubs would be eligible to apply for a gambling licence for charitable and philanthropic purposes.
Stakeholder engagement is an important aspect of informing and developing new legislation and hearing the views of all stakeholders in respect of legislative proposals that will affect them is a key aspect of a robust, transparent and democratic legislative process.
I have had wide-ranging engagement with the charity sector and have listened to their concerns. In that context, I met with 14 individual organisations from the charity sector, as well as with the Charities Institute Ireland in late February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill.
The Government is not equating the charity/philanthropy sector with commercial gambling operators. In that regard, the Gambling Regulation Bill contains specific provisions tailored to meet the needs of charitable and philanthropic organisations. It is important to note, the prohibition on sponsorship of events will only apply to commercial gambling companies. Those holding a licence for a charitable or philanthropic purpose under the Bill will not be affected by the prohibition. There will be no bar to charities sponsoring events. Regarding the sponsorship of charitable events by gambling companies, this will depend on the event and whether it appeals to children or not. I will revisit this issue again at Report Stage to ensure that the position is clear.
The Deputy will also be interested to note that at Committee Stage I removed the maximum relevant payment limits from the Bill as originally published where gambling activities are provided under a licence for a charitable or philanthropic purpose. I did so in order to support charities, local sports clubs and other good causes.
Furthermore, charities and local sporting clubs may continue to advertise and promote their work in all fora without hindrance. The advertising watershed will only apply to such organisations when advertising gambling activities. Charities and sporting clubs may also continue to issue merchandise in the name of that organisation and will not be precluded from receiving donations from commercial entities in the usual fashion.
It is essential that any charitable or philanthropic causes that provide gambling activities not only continue to be well regulated, but are also seen to be well regulated to ensure public confidence in them and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity, as a sports club or other good causes.
Insofar as the reference to the National Lottery is concerned, the National Lottery is subject to regulatory oversight and governance under the provisions of the National Lottery Act 2013, including its own dedicated regulator: the Regulator of the National Lottery.
