Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased to make a contribution to this debate. As my colleague, the Minister of State, Deputy Stanton, pointed out earlier, the Government is not opposing the Private Members' Bill sponsored by Deputies Jim O'Callaghan, Jack Chambers and Ann Rabbitte. The proposed Bill is a replication of the general scheme of the Gambling Control Bill 2013. That scheme was an ambitious effort to introduce comprehensive reform of our antiquated gambling legislation. It was intended to replace all current gaming and betting legislation and to bring licensing and regulatory functions together in one place. The Minister of State, Deputy Stanton, who has special responsibility in the area of gambling policy and regulation, set out in some detail the work under way in the Department of justice to review and enhance the original Government proposals in the general scheme of the 2013 Bill.

I admit that progress has been somewhat slower than any of us would wish in advancing the Government's legislative proposals. Now, due to the passage of time and the rapid evolution of the gambling sector, there is a consequent need to ensure that proposed measures to ensure effective regulation and protection of the consumer and vulnerable persons are fit for purpose now and into the future. It is in this context that the Government, on 10 January, agreed to review the general scheme of the 2013 Bill and to make significant changes. By contrast, the Bill proposed this evening is simply a replication of the Government's earlier proposals, with no new elements or recognition of how fast the gambling industry has evolved over that period of time. However, I accept it as being an important contribution to the debate, and I thank Deputy Rabbitte and others for this positive and constructive contribution.

The critical element of the Government decision of 10 January is for the establishment of a gambling regulatory authority as an independent statutory body under the auspices of the Department of Justice and Equality. This approach is somewhat different to the original proposal to establish an office for gambling control, which would have featured more direct involvement from the Minister. Independent regulation is the normal situation in most EU member states. An independent regulator would offer assurance that decision making would be free from any potential undue influence. It would also provide greater assurance for both consumers and potential investors in gaming related activities that could bring employment and revenue benefits.

The Government has agreed that there is a need for the development of an appropriate licensing, monitoring, inspection, supervision and enforcement regime for land-based gaming machines, either in casinos or located elsewhere, that may be played for monetary reward. The general scheme of the 2013 Bill requires further development with regard to issues such as numbers, locations for machines and stake or prize amounts. The new regulatory authority would have the responsibility to develop the necessary terms and conditions. These conditions must be clear, fair, legitimate and transparent to all. There is evidence that the gambling industry is moving away from land-based gaming machines in favour of online versions. Any discriminatory licensing approaches to gaming machines might attract legal challenge by operators.

Another area that will require our further attention is the conditions that will attach to the licensing of casinos. We must introduce formal legislation to regulate casinos. In that context, there are almost 40 private members' clubs providing gaming facilities and services of the type that would be available in licensed casinos as proposed under the 2013 scheme. The current regulatory requirement on these clubs is that they register with my Department under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and to pay appropriate taxes to the Revenue Commissioners.

I have heard contributions from Deputies this evening which highlighted the issue of problem gambling and of gambling addiction. The media sometimes features the sad and unfortunate experiences of a number of persons whose addiction has lead them into dark places, with risks to their liberty, health and survival and which causes ongoing suffering for themselves and their families.

As public representatives, we have all heard very sad and disturbing stories. The Minister of State outlined earlier the efforts by various arms of Government to obtain reliable information and statistics in this regard.

What should be our response as legislators? The 2013 scheme contained a number of proposed responses. It enhanced consumer protection for participants in gambling activities. We will insist on fair play from the gambling companies in the shape of clear and reasonable terms and conditions and no hidden conditions regarding payouts and acceptance of bets from successful participants. I am very much of the view that our normal consumer protections must apply in this area. The very ancient prohibition on enforcement of gambling debts will be removed in respect of licensed activities.

Enhanced consumer protection can contribute to our attempts to better protect vulnerable persons who may be prone to problem gambling, but we will do more. The Minister of State and I will insist on a workable self-exclusion process with gambling operators. While I am conscious of possible data protection issues, we must ensure this protective measure as far as we can. I appreciate that it will be easier to apply to online accounts, but we will study what can be done in our traditional bookies' shops and other gambling establishments.

The final element has to be the development of a social fund. In this context, a new independent regulatory authority will be the critical factor in the operation of such a fund. I would envisage that this fund would operate with the support of those professional and expert organisations involved in the treatment of addicts. Levies on gambling operators will provide the appropriate resources for this fund. To progress the review and updating of the 2013 general scheme, the Government agreed that the Minister of State, Deputy Stanton, should chair a working group comprising all stakeholder Departments, appropriate officers and the Office of the Attorney General.

The group has considered new developments, not only in Ireland but also in other states in its work. In addition to our focus on developing the 2013 general scheme, my Department has been working to bring forward early proposals to update the antiquated Gaming and Lotteries Act 1956 in a number of areas. These proposals were agreed by the Government on 11 July last year for inclusion in the Courts and Civil Law (Miscellaneous Provisions) Bill. They will now be contained in a separate Gaming and Lotteries (Amendment) Bill. This is currently under preparation by the Office of the Parliamentary Counsel. I am expecting publication of the Gaming and Lotteries (Amendment) Bill during the autumns session of the Dáil. It will include setting the minimum age limit for participating in such activities at 18 years; procedures for the better promotion of minor local lotteries; streamlining the application process for permits and licences for the promotion of minor gaming and lotteries; and raising the current, unrealistic monetary limits on stakes and prizes for gaming machines licensed in relevant local authority areas. These amounts are set at currently 3 cent and 50 cent. It is proposed to raise the stake amount to €10 and the prize amounts to €750. There is a need for immediate reform in this area.

I need not remind members of this House how important locally run lotteries are to the financial well-being of many sports clubs and community groups throughout the country. Deputies will thus appreciate how important it is to update the law regarding the promotion of fundraising lottery activities at local level for charitable and philanthropic purposes, and to streamline the application process for permits and for licences.

The guiding principle of the 2013 scheme was that only gambling activities which were licensed and regulated would be lawful. Only the regulatory body might issue licences for such activities. The licensing principles would apply equally to both land-based and online services. I can assure the Deputies that this principle remains. New, modern gambling legislation, in conjunction with independent regulation, offers the best route to enhanced consumer protection, increased Exchequer revenue from the industry and development of a full range of treatments and mediation methods to address the problems of gambling, assisted by agencies competent in this field.

The Minister of State, Deputy Stanton, said earlier that he would be happy to receive realistic proposals from Deputies that can contribute to updating the 2013 general scheme. I very much support that position. It would be very useful to receive wisdom from all sides so that we can progress the development of modern and effective legislation. In this regard, I again acknowledge the contribution of Deputies Chambers and Rabbitte and others opposite.

Finally, I want to acknowledge the Minister of State's work within Government, across Departments and within my own Department. I acknowledge his commitment to introducing an ambitious package of legislation. The Minister of State, Deputy Stanton, takes a very collegiate and open approach to policy development. I would urge all Deputies to work with him to bring forward the best possible new laws as soon as possible.

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