Mr. Brendan Gleeson:

On head 5, one of the reasons for this legislation is to try to clarify the respective roles of Horse Racing Ireland and the racing regulatory body. Indecon and Smith and Williamson both made recommendations on the streamlining of certain administrative functions. Two offices located within one mile of each other are performing similar functions and this gives rise to a cost for the industry and those who participate in it. The proposed new section 10(1)(a) to be inserted into the 1994 Act is simply an overarching statement of the functions of Horse Racing Ireland and quite straightforward.

The proposed new section 10(1)(b) is slightly more complex and makes provision for something new, namely, that the registration of both hunter certificates and participants in point to point steeplechases will be carried out by Horse Racing Ireland. These functions are currently carried out by the racing regulatory body. The reason we are proposing to transfer them to Horse Racing Ireland is it already carries out such registration functions in respect of horse racing. In short, it has the administrative structures in place to allow it to do this. It would be sensible to consolidate these registration functions in a single body. However, we are very conscious of the need to ensure local interest in point to point racing will not be diminished in any way and that what is proposed will not undermine the voluntary effort which makes point to point meetings possible. The issuing of hunter certificates, the acceptance of horse racing entries and declarations for point to point steeplechases have always been carried out by local hunt clubs. Under the provisions that have been drawn up, that will continue to be the case. There will be no change in the organisation of point to point racing. However, the registration functions will be carried out by Horse Racing Ireland.

The proposed new section 10(1)(b)(ii) refers to the processing of all charges and payments to participants in the horse racing industry, including charges relating to licensing, with the exception of the issuing of hunter certificates, the acceptance of horse racing entries and declarations for point to point steeplechases. We are creating a statutory basis to allow Horse Racing Ireland to carry out the processing of payments relating to the horse racing sector. This includes some functions currently performed by the racing regulatory body. We will deal with this matter later in our discussion on the general scheme but, essentially, it will involve payments being made to and processed by Horse Racing Ireland. Where such payments relate to functions carried out by the Turf Club, the money will have to be returned to the latter in order to protect its property rights. There is a potential issue in the context of prejudicing the property rights of the racing regulatory body, but we have explicitly provided - at a later point in the general scheme and on the advice of the Attorney General - for these funds to be given back to the Turf Club. This provision relates to administrative streamlining, simplicity and trying to reduce the cost burden on the industry and is sensible.