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Dáil Éireann díospóireacht -
Thursday, 21 Apr 1994

Vol. 441 No. 7

Irish Horseracing Industry Bill, 1994: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time".

Although this Bill has been long awaited, it is a great disappointment to me and to many people who are involved in and who have the interest of horseracing and its associated and downstream activities at heart. The Bill purports to repeal the Racing Board Act, 1945 but, in effect, it re-enacts it giving many more powers to the racing board. It makes that board, under its new title of the Irish Horseracing Authority, the totally dominant feature in the control and in the organisation of Irish horseracing. It is inappropriate that a sport such as this should be nationalised. The degree of State and political control envisaged in the Bill will strangle, stultify and have a detrimental effect on this sport.

I repudiate the Minister's description of the Racing Board as a success. In recent years, particularly, its record has been abysmal. In any country, running a State-owned monopoly totalisator is regarded as a licence to print money. In this country, on the other hand, the Racing Board succeeds in losing money on the tote, a considerable achievement. The latest accounts available are for the year ended 31 December 1992 and while separate figures are not given for the tote — the published accounts are very inadequate, presumably for the purpose of concealing reality — nonetheless it is possible to extrapolate the position from the figures published. It is worth noting that although the accounts for the Racing Board for 1992 were finalised and signed by the directors on 23 April 1993, they were published only last week, approximately 12 months later. We still do not have accounts for 1993, but the figures quoted by the Minister this morning indicate that the abysmal position shown in the 1992 accounts deteriorated even further in 1993. This is further borne out by the fact that the Minister had to come to the Dáil last December for an emergency Vote of £1 million to fund some of the losses.

The figures shown in the Racing Board accounts for 1992 indicate a loss on the tote of £1,214,104, which has to be made up by Government grants funded by the taxpayer. Why a body that is so exceptionally unsuccessful as this is retained in place and given further and more extensive powers of control mystifies me. At least twice in his speech the Minister boasts about the State grant. He stated, "The State is making a major contribution to the financing of the racing industry and, as I have said earlier, it will continue to be a major contributor in the years to come". The Minister seems to take pleasure from the fact that he doles out sums of money each year to the racing industry. If this Bill is passed he will appoint 14 people to the Authority and he and his Department will be involved in all kinds of detailed matters relating to racing. My fundamental disagreement with him and the Government on this Bill relates to the fact that we are having more and more State control and interference in the regulation of an industry whose members would be well able to regulate themselves, as they do in many other countries, if they were left alone by the Government.

There would not be a need for Government grants to racing if a racing structure was set up that allowed the Authority to generate its own income. Classic examples of this can be seen in Australia and Hong Kong where the prize money is enormous, but where racing authorities are entitled to a percentage of the off-course betting revenue, are allowed to act independently and plan for the future, confident that they have a guaranteed income which they can increase if they are successful in expanding the industry. I am sure all Members are aware of the extraordinary case in recent months of the six-year-old gelding that travelled 12,000 miles into a different hemisphere, a totally opposite season, remained there a few days and won the big race for which the prize money was equivalent to IR£900,000. The quality of the racing and the horses in Australia must not be outstanding if an Irish six-year-old gelding can win against all the odds in such circumstances. Nonetheless, the racing industry there is enormous.

A few years ago I attended a race meeting in Sha Tin in Hong Kong. My hosts apologised for the fact that it was such a small meeting and said I must not find it as exciting as I should. They explained that because a big meeting was scheduled to take place in two or three days' time, the card was not very interesting and the crowd was small. A total of 50,000 people attended that meeting. The stand is 200 feet high and four furlongs long, and it was almost full, but the card was very dull. Every race was a handicap. Because of the poor quality of horses as a result of the climate they have no option, for betting purposes, but to run most races as handicaps. Yet they can generate enormous interest and give out huge prize money because they are allowed control and run meetings for the benefit of the racing industry. In contrast, the Minister wants the industry here to come to him, cap in hand, every year, begging for funds from the taxpayer who should not be liable to fund the industry, which is well capable of being self-supporting if it were left alone and the dead hand of the bureaucratic State removed from it.

Other than the reference to on-course levies, there is no reference in the Bill to revenue for the Authority. If the Authority is established in that form, racing will be dependent on the annual whim of the Minister. If, in the future, we have a Minister who is antagonistic towards racing or we have a Labour Minister, what will happen?

The anxiety of the Minister to be the dominant factor and to interfere in every way possible is not confined to financial considerations, although his exercise of financial power gives him great control. In case he was not satisfied with that, he goes on to spell out in the Schedule to the Bill how he will appoint the majority of the members of the Authority. He goes through the charade of suggesting they will be nominated by particular organisations, but that will not be the case. The organisations will have to send him a list of three nominees from which in each case he will pick one and we can be sure the person selected in each case will be the most politically acceptable. It is a matter of great regret that something as important as the racing industry should be subjected to this kind of political payola.

It is already known in the industry that certain types of power brokers who hover on the periphery are boasting that they will be appointed to the Authority. Even after the appointment of the members of the Authority paragraphs 4 and 12 of the Schedule give the Minister the right to fire any of them at any time without reason. It is monstrous that the Minister should be empowered to dismiss without notice or reason the senior steward of the Turf Club or any other steward appointed. The manner in which the Turf Club has been treated under the Bill is not good enough. The obvious problems in Irish racing and the decline in betting and revenue are not the fault of the Turf Club. Whatever its perceived shortcomings no one can dispute that it has run Irish racing for more than 200 years with honesty and integrity. Now that it is pushed aside — irrespective of what the Minister may say — Irish racing and the respect which exists for it abroad must decline.

The Minister is making a belated attempt to undo some of the wrongs and retract some of the insults he has inflicted on the Turf Club and the Irish National Hunt Steeplechase Committee by way of his proposed amendments. However, minimum amendments will not cure the inherent and basic defects in the Bill. It is objectionable that the Turf Club's activities should be confined to what happens at a particular race meeting on a particular day. Under the terms of the Bill, it appears that trainers and jockeys in future will be licensed not by the Turf Club but by the Authority. That arises not because the Bill says so specifically but because it says that any power not given to the Turf Club or to the regulatory bodies will be exercised by the Authority. It is deplorable that people should be licensed in future and that many aspects of racing should be regulated by those whose primary interest, unfortunately in some cases, will be party political.

The proposal in section 44 that the Turf Club could not make or amend any rules of racing without consulting the Authority is indicative of the Minister's approach. The fact that he is now prepared to change this is, in some respects, only a detail. Unfortunately, his underlying hostility to the regulatory bodies is indicated by that provision and others of that kind.

We are now proposing to extend the powers of an existing semi-State body and to virtually take over the powers of a private regulatory association which has existed successfully, with some honour and dignity, for over 200 years. That form of nationalisation is particulary questionable. In principle, I am against most forms of nationalisation and would resort to them only in an emergency. The manner in which this measure is being implemented at a time when there is deregulation everywhere in the world, is especially regrettable. We should recall the position in respect of the State's involvement in sport and in industry of this type. In 1958 the greyhound racing industry was partly nationalised through Bord na gCon. The original intention was that the tracks would remain in private ownership, but that did not happen and they are virtually all owned by the board. Bord na gCon has run greyhound racing for 36 years, but it has not been successful. It is regrettable, but a fact of life, that greyhound racing is in a weaker position today than at any time during those 36 years or before the establishment of the board. This Bill proposes the creation of a macro Bord na gCon in respect of an industry which is more important than greyhound racing, ten to 15 times larger and has major international ramifications while the greyhound racing industry has limited overseas activities. We should consider if this proposal is wiser and the proper way to proceed. The position in Britain has improved in recent years although there are major difficulties there. The British Government does not want to become involved, but it seems our Government cannot have enough involvement. There is a huge difference in the attitude and approach of both Governments to the industry and in the most successful countries, even though they do not have the natural resources we enjoy in countries, such as Hong Kong which hardly has enough space for a racecourse, and Australia, where although the climate is not favourable, the industry is hugely successful.

Having read the Bill and listened to the Minister there are two sections about which I am not clear and he should clarify them further in his reply. I question the need for the section that deals with the proposal to give the Authority, acting through a wholly owned subsidiary, a bookmaking licence to enable it to engage in bookmaking. What is the point of that? There is no shortage of bookmakers who are reasonably innovative and can cater for most tastes and pockets. Why should the State become involved in bookmaking?

Another section states that the Authority or a subsidiary can be given a new totalisator licence under the 1929 Act and seems to suggest that the licence can be used in places other than racecourses. The Minister explained if the licence was used in other places the Authority would be relieved of its obligation to provide accommodation for bookmakers which exists under the 1929 Act. That suggests totalisator offices or shops will be located away from the racecourses, but it is not clear from the section. Such a proposal would be welcome because the strength of the industry in Australia derives from the number of outlets usually in post offices, on that continent. It has the advantage of three time zones and racing takes place over a long period each day. It is possible to place a bet in any town or village in Australia through a computer system and I do not see why such a system could not be provided here as it would be an admirable one. The Minister seems reticent about spelling out the position. A totalisator system will have to be provided and I do not see why the Authority should become involved in bookmaking. However, it would be advantageous if it opened totalisator shops, outlets or terminals. The tote in England has been successful in that regard. The Minister should stand back, establish a group to deal with this and leave it alone. They should be given the powers and not restricted as they are under section 27 and obliged to come to him every year cap in hand. They should be given an entitlement to a percentage of off-course revenue such as 2.5 per cent or 3 per cent. They would know their position, responsibility should rest with them and they should be allowed get on with the job. If they can increase the revenue by encouraging more off-course betting on Irish racing — on which there is not much — it would be to their advantage.

The figures the Minister quoted this morning in respect of on-course betting are frightening. Bookmaker betting is declining at the rate of £10 million a year, a startling trend. If this continues we will have to pack up altogether. The overall amount spent on gambling is increasing all the time. One has only to look at the national lottery to realise that is so. That lottery has an effect on racing, which is a great pity. It should be spelled out in the Bill that racing should have a definite percentage share of revenue. Its percentage in respect of on course levies is spelled out in the Bill. Equally why is its percentage in respect of off course revenue not spelled out?

From listening to the Minister's speech I get the impression that he welcomes, as do many Ministers, the fact that a decision must be made every year as to whether £5 million, £6 million or £7 million will be provided in this area. They believe they should receive a medal if they provide a greater sum than that allocated by the previous Minister. This Minister is mature enough to realise that such an approach is wrong. The way to approach this matter is to set a fixed percentage of identifiable revenue from off course racing. This should extend not only to revenue from betting on racing but to revenue from betting generally. The position may have been complicated by the national lottery, and it is very unfair to charitable lotteries, but we can do nothing about that. Some percentage — 2.5 per cent seems reasonable — should be set down and thereafter the matter left up to the industry.

A great many things can be done with racecourses. A different approach should be taken to their utilisation. One change that was needed is the small change in the Bill about liquor licensing, but there are many more things that can be done and they should be included in the Bill. There should be a general attitude of giving freedom to whatever new Authority is set up. In particular we should not downgrade and grind into the ground the regulatory Authority that has existed since the middle of the 18th century and which did Irish racing proud. While sometimes people may complain it was a stick in the mud, it could never be described as dishonest or dishonourable. The function to sell racing in recent years was very much more a function of the Racing Board than of the Turf Club. It is wrong to seek to do away with a body that has stood us well and to introduce through the Bill an element into the control of racing, a nod and wink activity, that we have too much of in Ireland. Racing was able to stay above that approach when other activities could not do so and that position should remain.

If the Bill passes Second Stage, the Minister should consider this matter before Committee Stage. Minor amendments of the kind he mentioned this morning, while welcome, do not go to the root of the problem. A more fundamental rethink is necessary. While the Minister said that consultation took place, with three committees being set up, the only effective consultation was with the Turf Club and the Racecourse Owners' Association. A person such as Lord Killanin who has dealt with this matter in great detail and knows this area so well should be brought in and asked to change the thrust, not the detail, of the Bill so that we get it right. In his letter which I quoted earlier he said this is a great natural industry of Ireland. We always complain that we import foreign investment and foreign technology, but this is an industry that has existed since time immemorial, in which we have all the natural advantages, and we should not throw it away. We should get matters right, even if it takes another three or four months. Unhappily, the Bill before us does not get it right.

It is seven years since publication of the report of the Commission on Enquiry into the Thoroughbred Horse Breeding Industry, which was chaired by Lord Killanin. This Bill has been a long time in gestation. It took Lord Killanin four years to reach a conclusion on his report and therefore the preamble to this Bill has taken approximately 11 years. For that reason it is surprising the Bill has the hallmarks of a rushed job. The Minister mentioned a couple of amendments he will be bringing forward.

The first point I wish to refer to is the question of securing the financial basis for Irish horseracing. There was no proper consultation with interests other than those already firmly entrenched in the industry, and that is of concern. The most disappointing feature of the Bill is that it lacks an understanding of how to develop a market-led industry that is able to thrive in an era of multiple choice entertainment and sport. The competition is getting very tough and the changing tastes of the populace generally are not to be under-estimated.

A new racing board Authority is being established under the Bill and I have no problem with that. It will have representatives of the Turf Club, the National Hunt Steeplechase Committee, racecourse owners, horse breeders, trainers, bookmakers, employees and, last but not least, the four ministerial or political appointees. That is a laudable proposal but it is also very revealing about the thinking of the Minister and the Department of Agriculture, Food and Forestry. The obvious omission from the Bill is the key player without whom horseracing would not exist, the racegoer, the punter, the consumer, the customer. Why is that element of the equation excluded formally from the Bill? I know the Minister made commitments in this area, but there is no mention in the Bill of this key player.

We talk about being modern in our approach to developing opportunities in Ireland. We are exhorted to become self-reliant and market-led — that is the magic word used by everybody nowadays. If we are to become self-reliant and market-led we will have to know something about the market. We need to know what the consumer wants, but we will never know that unless we give a central position to the consumer. There is an organisation made up of consumers who could easily put forward a representative for this new Authority.

The Minister produced a Bill that is the product of the old-fashioned mindset when he should have presented a new initiative that matches the demands of today's world. If this is the thinking on the horseracing Bill, I dread to think what the Bill to establish An Bord Bia will be like. Will the consumer be sidelined in that case also? Is a Department that is so dominated by the interests of producers capable of taking the new direction needed?

The establishment of a new racing Authority is welcome. I do not share the concerns of other speakers about the Minister nationalising the industry, but for Irish horseracing to maximise potential the industry must be placed on a sound financial footing. It should reflect to a greater extent the attitudes and interests of the consumers. There is no doubt Irish racing is the weaker branch of the bloodstock industry and racecourse facilities must be rationalised and upgraded. Prize money allocations must be increased for middle quality races.

To consider horseracing as we would any industrial sector means posing the basic question, how do we organise ourselves in such a way as to sustain top class internationally competitive performance in an area of such good potential? Nobody doubts that that potential exists but we must modernise and rationalise. The Turf Club and the INHS have run racing for more than 200 years in Ireland. Nobody doubts their integrity and honesty but the approach is antiquated.

The example that speaks for itself is the fact that it is only in the past few years that the Turf Club published its accounts. Nobody questions its honesty and integrity but questions must be asked about its success, particularly when it enjoyed a virtual monopoly in this area. Sentiment has no place in a modern industry that is of such enormous importance to us. That is not in any way to denigrate the role, the honesty or the integrity of the Turf Club but we must be realistic and look forward.

The Irish thoroughbred industry is a substantial indigenous enterprise. It employs many thousands of people directly and many more thousands in part-time and indirect supplier businesses. Many of these jobs are in remote areas where alternative enterprises are unlikely to be available. It is an important industry and it must be managed in a competent and progressive manner.

Both the racing and breeding sectors of the industry have experienced deteriorating fortunes in the years since the Killanin report and any progress made over the past 20 years will be jeopardised unless the slide is reversed. What we are talking about is how to move forward. There is a great tradition here of following horseracing and we have more racecourses per head than Britain but the problem is that there are not enough followers of the racing game to go around all the racecourses. Attendances have been falling and, meanwhile, the age profile attending meetings is going up. Many of the small rural race tracks are in need of major development if they are ever to attract business again.

The horse industry has tremendous potential for growth and there is a need for an Authority of the type proposed. It has been sought for a long time and similar moves, with or without input from Government, have taken place in Britain and elsewhere. I am concerned, however, about the role of the Minister regarding this Authority. Much lip service is paid in the Bill to development and representation but the Minister will continue to have enormous discretion and the lack of independence of the Authority from the Minister may well prove to be its achilles heel.

There is a reference in the Bill to the confidentiality of members of the Authority. It is important that the principle of confidentiality is applied sparingly and only when absolutely necessary. Otherwise, it will simply become a gag on members of the Authority. Communication has been absent in many areas of the horseracing industry and it is time we opened up channels of communication rather than closing them down.

I realise it has been hard to extract information from the Racing Board, for example. If a member of the public, or indeed a member of a relevant organisation tried to determine from the Racing Board how it spent its money in detail, they often could not obtain an answer. Any details of breakdown of money spent, allocations for racecourses, etc., or the purpose for which money was spent was hard if not impossible to obtain. That must change; that is not the way to encourage business, development or interest in the whole area of horseracing.

I welcome the provision to allow on-course betting offices but I wonder if that will happen. A successful betting office was opened in Leopardstown but it was stymied. I note the Minister will leave it to the Authority to deal with such matter but I wonder will this be allowed to happen or will it be prevented.

The key question is how to place the racing industry on a better financial footing. Some of the income generated from off-course betting should be reinvested in the industry. Ireland is one of the few countries that does not have such a system and it is unfortunate that there is no indication from the Government that it is considering this. I presume the Department of Finance is holding the reins on this but that augurs poorly for an Authority such as is proposed and it should be challenged in order to set it on the right financial footing. We all welcome extra money for the Racing Board — nobody would complain about that — but that is not the issue. The issue is the way encouragement can be given to the Authority to develop and modernise the horse racing industry. It must become more attractive, otherwise it will continue to shrink.

I repeat the point made by other Deputies and by Lord Killanin in his recent letter. It is significant that someone in his position who has spent so much time producing his report should write to a paper and make these statements. I am not too long a Member but I cannot remember a similar situation where there was such an outright clash between an expert who held such a senior role in this area and the Minister. He said that this Bill was "hopelessly flawed". That is a very serious comment. He wonders how it is possible that in all its 42 pages there is not one mention of the off-track betting industry. He said that without a marriage to the betting outlets in the main streets, racing in Ireland will continue its downward trajectory.

I do not believe the Minister wants to encourage the racing industry in Ireland to continue its downward trajectory but will he ensure in this Bill that matters will improve or is he simply working on a cosmetic level? That fear is certainly being expressed about this Bill. The amount of money from betting that goes to the Exchequer is ten times what is given in grants to the Racing Board. It is a lucrative business and in the past five years the percentage of off-course betting has increased by approximately 40 per cent, while on-course betting has decreased by approximately 28 per cent. That is the direction in which it is moving and it has serious implications for horse racing generally.

Lord Killanin and the Commission on Taxation recommended that off-course betting duty should be reduced below the UK rate. I would be interested to hear the Minister's comments on that. The last time there was a reduction, there was actually a greater revenue return to the Government but the key issue is not reducing the overall rate but that a percentage of off-course betting revenue should go towards boosting the resources of the racing authorities. Racecourses should receive a portion of the on-course betting turnover. This all acts as an incentive to improve performance and betting turnover and to create facilities in tune with the market and what the customer wants.

The question of promoting racing as a tourist attraction has been raised in a number of reports. I understand the role of the board is included in the whole question of promotion. For example thousands of Irish punters attend Cheltenham every year and, according to media reports, they provide the entertainment, the atmosphere and the craic. It is time for us to return the compliment and organise a similar event to Cheltenham to specifically attract British punters.

They are coming to Punchestown next week.

There is no harm in attracting more punters. I am talking about literally returning the compliment to Cheltenham. It would be a good way of encouraging the overseas movement and we all know that racegoers will do anything to get to a meeting when they are really hooked on the sport.

Just as we are prepared to attend meetings overseas we should organise an event which would draw the international community here. In order to know the product we need to listen to the punter. The Bill does not do that and it is flawed in that respect. It demonstrates a thinking that the consumer will not be central to any development, be it the horse or food industry. If we do not initiate a change, the industry will be run for the benefit of the producer to the detriment of the consumer. Breeders, owners, trainers, bookmakers and employees will have members of the authority from their representative bodies but the punter will not. I hope the Minister will accept amendments to change that.

The Minister is on record as saying that he will appoint a person to represent the interests of racegoers and punters from his four discretionary nominees who "shall be chosen by the Minister after consultation with such persons as he sees appropriate who are engaged in horseracing or the promotion or development of the horseracing industry...." We all know what that means. It would be more sensible if the Minister had one representative of consumers. It would not shift the balance within the authority. We saw what one memeber of the expert body looking at the food industry was able to do when Mr. Fergal Quinn produced his minority report and set the debate on a realistic basis.

A matter which is not directly related to the Bill but about which I am concerned is the training of young people in the horse industry. A number of bodies now offer courses in equine studies. We all know about the centre for equine studies at Limerick University but there are other courses available. There are no proper training guidelines. Many courses are run by the vocational education committees in conjunction with private stables. The courses are structured so that students may spend one and a half to two days each week on study in the relevant college and the rest of the time is spent at the riding school. A certain amount of work is undertaken by trainees in return for the cost of such time as they spend in training or instruction. The amount of time spent labouring must be proportionate to the value or cost of training or instruction and be appropriate to the capability of the young people involved.

Many schools are responsible and I have no quibble with them but some are not and exact more labour from their trainees than is justified. In one case an additional 35 to 40 hours per week labouring is demanded. This is worth far more than the £650 for the whole year's course. I am concerned at the physical effect on the young trainees and the extent of their exploitation. I could not find any Department or agency responsible for regulating this aspect of the industry. The trainees are not workers and do not have EU directives and legislation to protect them. They are not students because of the work they do. The European Union do not appear to have any regulations or legislation relating to the matter. This loophole needs to be closed. The Department of Education do not see that have a direct role to play. The Department of Agriculture, Food and Forestry has a responsibility to ensure that an industry which historically has such a poor record in industrial relations improves its standards and protects young trainees.

Debate adjourned.
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