Oireachtas Joint and Select Committees

Wednesday, 9 October 2013

Joint Oireachtas Committee on Justice, Defence and Equality

Heads of the Gambling Control Bill 2013: Discussion

11:15 am

Mr. Barry Galvin:

A great difficulty in Ireland has been identified in that the ability to operate a gaming machine is a function of the local authorities and only 43 local authorities in Ireland have permitted gaming. That means in every other area where gaming is carried on, it is unlicensed by definition. First, it is a situation which is unacceptable in a rule of law country. Second, it creates significant inequality for those who pay the licence. Licensed persons pays €630 per premises and €505 per machine, and they are restricted to hours and other constraints.

It is a complex area of law. It will take time for the new Bill to come in. What is being suggested by the LGAI is that one would even the playing field in the meantime. One could not license those who are not licensed because that would be illegal but one could even the playing field by ensuring a mechanism is put in place by which they comply, for example, one could make arrangements to collect a fee for each machine to go to the Government because there is a loss of, according to one estimate, €9 million. If, when the Bill comes in, what will happen is that the local authority function will go out of it and there will be no prohibition on gaming per se but everyone who can show that gaming would be appropriate in a particular place would be licensed. Pending that there should be an interim task force to ensure that the Revenue VAT is paid on it, that the machines are in some way regulated and that a licence fee equivalent to that of the licensed persons would be collected for the State. It would require some small amendments to the existing legislation and would be very much an interim process. After that, the licensing process could take its course.