SBC News Voice of the Sports Betting Industry
The Dáil of Ireland has resumed ‘committee stage’ discussions on the Gambling Bill of Ireland (GRB), which will implement a new regulatory framework for Irish gambling.
Sanctioned in November 2022, the passage of the GRB has been stuck in the committee stage of the Dáil since July 2023. The tri-party government has set no timeline for the GRB’s ascension into law, despite mounting pressure from Irish legal authorities to settle on its determination.
Led by James Browne (Fianna Fáil), Minister of State for the Department of Justice, a committee at Oireachtas resumed discussions on the GRB and the articles that will replace the near-century-old Betting Act of 1931.
Ministers probed Browne on the applicability and technical provisions of the GRB applied into law, as the mandate to modernise Irish gambling and its governance of all gambling disciplines (retail, online, horse racing, and lotteries).
No Exemptions on Licensing
On licensing, Minister Browne stated there are “no broad exemptions”, as all persons or business entities offering gambling services in Ireland, including commercial and charitable organisations, must gain a licence from the soon-to-be-established Gambling Regulatory Authority of Ireland (GRA).
The applicability of the GRB’s new licensing regime will extend to all existing licences in Ireland, including private clubs, casinos, sports clubs, and bingo halls.
Browne noted that the GRB licensing requirements on Irish businesses will mirror the regulations for alcohol licensing for leisure, hospitality and retail entities.
Though licensing will be required for non-gambling entities, the GRB maintains the articles of the Gaming and Lotteries Act 1956 to govern charities conducting lotteries as part of their fundraising activities.
As such, charities and sports clubs must comply with the new gambling legislation. However, Browne made it clear that charities and sports clubs will not be treated the same as commercial gambling operators under the terms of the GRB.
GRB to Close all loopholes on Criminality
Moving discussions onto enforcement and criminality, Browne emphasised the need for a stringent revision of the GRB’s articles, prior to it coming into law.
A thorough assessment is needed for the GRB’s determination to impose strict penalties on unlicensed gambling and to strengthen enforcement powers to tackle criminal activities linked to gambling.
Ireland’s new gambling regime must strengthen enforcement powers to tackle criminal activities linked to gambling, ensuring compliance with anti-money laundering laws to prevent the exploitation of gambling for criminal purposes.
Of significance, the government must close loopholes that could facilitate unregulated or illegal gambling and maintain transparency to prevent the abuse of gambling in charitable activities.
On further money laundering protections, Browne will table “amendments to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and a number of transitional arrangements in respect of that Act.”
The Department of Justice has been ordered to take a hard line on gambling criminality, with penalties for unlicensed gambling to face up to eight years’ imprisonment and significant fines for individuals or entities found guilty of misconduct. This measure is deemed necessary “to deter illegal gambling activities and protect consumers from unscrupulous operators.”
Regulatory amendments are needed to grant the GRA the authority to directly block financial transactions, prevent the disposal or removal of assets from the state, and issue cease-and-desist orders to halt illegal gambling activities—deemed as “enforcement tools crucial for tackling operators involved in illegal gambling and other forms of criminality.”
Impact Fund brings public approach to Gambling Harms
Beyond strict licensing and enforcement, Browne emphasised that the legislation is drafted with a public health perspective, focusing on preventing problem gambling and minimising its harmful effects from impacting Irish communities.
At the committee stage, further amendments and recommendations of the GRB will be evaluated on their effectiveness in protecting individuals, families, and society from the negative impacts of gambling.
Public welfare is prioritised by the launch of the GRB Social Impact Fund, to support and strengthen healthcare services treating gambling addiction and individual risks.
The fund will be used to support treatment services for gambling addiction, public awareness campaigns, and educational programmes aimed at reducing gambling-related harm. The fund will be primarily financed by contributions from gambling operators, “ensuring that the industry itself is responsible for contributing to the efforts to mitigate the harm it causes.”
Of significance, the fund will be supported by a new public healthcare approach on the treatment of gambling harms, recognised as a mental and social disorder impacting individuals and Irish families.
Browne stands against Advertising Ban
Minister Browne recognised the Committee’s concerns on the “proliferation of gambling advertising” as a regulatory criterion that is yet to be fully determined by the GRB.
Browne stands by the key provisions in the Bill, including its prohibition of gambling inducements, which prevent operators from offering specific incentives to individual players or groups.
All offers and promotions must be available to the general public, preventing targeted advertising that could exploit problem gamblers or vulnerable individuals, encouraging them to engage in excessive gambling.
Advertising conduct will be a key remit of the GRA, which will have the power to monitor and enforce rules, with penalties for non-compliance, “ensuring that advertising remains fair and does not contribute to gambling-related harm.”
The Committee continues to review advertising proposals, with the Labour Party advocating to “follow the example of Belgium and the Netherlands and ban gambling advertising 24/7.”
Gambling exposure across Irish media will be reviewed by the government and GRA as part of the Bill’s application into law.
Browne noted that concerns over the proliferation of gambling advertising will be reviewed against the effectiveness of the GRB’s primary measure of applying a 9pm watershed, ensuring that gambling advertising cannot be broadcast to the public before that time.
As such, Browne does not support an outright ban on advertising but seeks proposals to strengthen protections for gambling advertising on online platforms.
“As I have previously stated, I have concerns about adopting an absolute ban on advertising from the outset. Gambling is a lawful and legitimate activity, and the Bill, as amended by the Dáil, further empowers the authority to be able to react and regulate advertising accordingly.”
“An absolute prohibition would muddy the waters and lead to confusion as to who is licensed to be a legitimate operator and who is not. Our intention is to protect people participating in gambling and not to inadvertently facilitate unlicensed operators.”
