I can confirm that the Department of Justice and Equality has been in receipt of representations from the person's legal representatives and these representations have received a response.
In accordance with the Betting Act 1931 (as amended), the sole sanction available to the Minister for Justice and Equality, in cases such as that highlighted, is revocation of an operator's licence. The view taken was that this sanction was not warranted in this particular instance.
The current law, in section 36 of the Gaming and Lotteries Act 1956 provides that gaming and wagering contracts are void and no action shall lie for the recovery of money alleged to have been won or lost. This is a long standing provision of public policy and has recently been upheld by our courts.
The General Scheme of the Gambling Control Bill in 2013 proposed the ending of the centuries old ban on legal enforcement of gambling debts.
However, I am of the view that this matter would bear significant further consideration both by the Government and by the Oireachtas. This consideration would have to include: the conditions on how gambling debts might be made enforceable by our courts, would it apply only to regulated and licensed forms of gambling and the potential impact of, for example, applying standard commercial practices, consumer protection or the provision of credit.
The General Scheme also contains provisions dealing with the imposition of administrative sanctions against gambling operators in appropriate circumstances.
It remains the intention to proceed with this legislation at the earliest possible opportunity.
