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Legislative Measures

Dáil Éireann Debate, Thursday - 3 December 2020

Thursday, 3 December 2020

Ceisteanna (304, 305, 306)

Noel Grealish

Ceist:

304. Deputy Noel Grealish asked the Minister for Justice if consultation will take place with stakeholders before the commencement date of the Gaming and Lotteries (Amendment) Act 2019; and if she will make a statement on the matter. [40835/20]

Amharc ar fhreagra

Noel Grealish

Ceist:

305. Deputy Noel Grealish asked the Minister for Justice the way in which section 4(1) in conjunction with section 9 of the Gaming and Lotteries (Amendment) Act 2019 will operate for both land-based and online providers of gaming services; and if she will make a statement on the matter. [40836/20]

Amharc ar fhreagra

Noel Grealish

Ceist:

306. Deputy Noel Grealish asked the Minister for Justice the progress of the Gambling Control Bill 2013; when it is likely to come before Dáil Éireann for debate; and if she will make a statement on the matter. [40837/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 304, 305 and 306 together.

The Gaming and Lotteries (Amendment) Act 2019 was commenced on 1 December 2020, with all sections coming into effect.

As the Deputy will recall, there was extensive debate on this Act during its passage through the Oireachtas. The then Minister of State received many representations from a range of stakeholders at the time and these were extensively discussed and publicised.

The 2019 Act is an interim reform measure pending the comprehensive reform of gambling. It modernises the Gaming and Lotteries Act 1956 and will help the better promotion of local gaming and lottery activity held primarily for charitable and philanthropic purposes, and which are an important source of funding to sporting clubs and community organisations across the country.

The Deputy, if I understand correctly, asks about the interaction of amended section 4(1) of the Principal Act of 1956 – inserted by section 3 of the Act of 2019 - which restates the prohibition on gaming without a permit or licence and new section 9A of the Principal Act of 1956 Act, as inserted by section 4 of the Act of 2019.

New section 9A provides for a modernised system of gaming permits, without distinction on any particular location or type of gaming (e.g. card games, pool, darts, etc.). Permits would be issued by the Garda Superintendent for the relevant district and have a maximum validity of 12 months. In any one game, the maximum stake is €10 and maximum prize €3,000. This updates the previous 1956 limits of 3 cent and 50 cent for gaming at carnivals, circuses, etc. The gaming may be promoted for charitable or philanthropic benefit, or for the personal benefit of the promoter.

The Gaming and Lotteries Act is essentially concerned with physical forms of gaming taking place at a premises. However, the provisions of the Act make no reference to the online or remote promotion of gaming (where participation in the game is possible), or a mixture of both physical and online promotion and participation. Such online promotion might involve, for example, some form of card games, quizzes, etc. that might not strictly require a physical presence. However, the suitability of the premises from which the gaming is being promoted would be subject to consideration by the Garda Superintendent to whom the application for a Gaming Permit is made.

The Government has made a major commitment in the Programme for Government to the modernisation of our licensing and regulatory environment for all gambling activities. The development of modern gambling legislation is a priority. This reform includes a new independent gambling regulator to enforce necessary and appropriate licensing and regulatory measures in respect of all gambling activities, including online.

Work is underway in my Department on the drafting of a General Scheme of a new Bill to provide for the modern licensing and regulatory provisions for the gambling industry. That work will involve a major updating of the proposals of the General Scheme of the Gambling Control Bill 2013. I hope to be in a position to bring proposals in that regard to Government next year.

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