Dáil debates

Tuesday, 6 December 2022

Gambling Regulation Bill 2022: Second Stage

 

6:35 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

I thank the Minister of State for the opportunity to contribute to the debate on this important legislation. Despite the fact that this legislation is important and lengthy, the Government has decided, yet again, to publish it at the last minute. The general scheme was published more than a year ago and the Joint Committee on Justice, which I am a member of, launched its pre-legislative scrutiny report in May. The Government has no excuse for only publishing the final Bill, which is 170 pages long, in the past few days. I highlight that when legislation is published late, it not only affects Opposition scrutiny, but also scrutiny from outside organisations. We are missing important input from NGOs into how the legislation will affect those it is aimed at. Maybe that is what it is all about, unfortunately.

We are in the jaws of Christmas again. With the legislation being published now, I hope it will not be rushed through the House and finished before the end of next week, but it probably will be because that is what the Government is doing. The Minister of State is nodding to indicate that it will not be. Hopefully, that is the case. It is important to do justice to the legislation and for the Minister of State to do justice to himself and to allow Members to have an input into the legislation. Unfortunately, we have seen that the two weeks in the Christmas period and in July have been the peak time for legislation to come before the House and to be rushed through. I hope that is not the case and that time will be given for this legislation to be considered. It is significant, important legislation. It needs to be scrutinised.

I welcome the establishment of an independent gambling regulatory authority. The regulatory framework covering gambling activities is outdated and needs significant reform. The interdepartmental working group on future licensing and regulation of gambling rightly outlined that the existing framework is insufficient. It does not provide a regulated approach to all gambling activities and it does not adequately protect vulnerable persons such as minors.

The 2019 results of the European school survey project on alcohol and other drugs are concerning, since Irish respondents aged 15 and 16 reported higher rates of gambling, slot machine use, sports and animal betting, and participation in lotteries than their counterparts in 34 European states. Those are worrying results. The survey results suggest that existing safeguards are insufficient as minors are still finding ways to bet on sporting events.

The existing regulatory framework does not adequately address its application to online gambling, which has increased significantly in recent years and is one of the most harmful forms of gambling. A 2015 qualitative study conducted in Ireland found that of all gambling forms, the online environment was perceived by family and friends of recovering gamblers as being a gateway to hidden gambling that could involve multiple credit cards and gambling accounts. Smartphones are particularly convenient. They provide an opportunity to engage in gambling in any setting and can be used to hide excessive gambling. I could have sat here gambling while listening to the debate. Mobile phones and online gambling mean that gambling can be done anywhere at any time. That is worrying and difficult to manage. This legislation has a difficult task in policing that.

Online gambling can be especially prevalent in rural areas such as in my constituency in County Donegal where there is limited access to bookmakers. Years ago, people would come to the bookies on a Saturday and it would be a day out. There was some form of regulation and control of that but now with online gambling there is no regulation. Nobody needs to live anywhere near a bookies to engage in unlimited gambling. That is a problem that must be carefully examined and addressed. There is limited regulation of the licensing of remote betting operators for online gambling services. For online gaming services there is no licensing pathway available and no regulatory oversight of that sector either. I welcome that the Bill will address this significant gap and that it provides for safeguards and protections on problem gambling and for the protection of children to ensure public safety and well-being, and consumer protection.

I welcome also the establishment of the social impact fund for the purposes of financing research and information, education and awareness-raising measures and appropriately supporting problem gambling treatment activities by relevant health professionals. Research in this area has been lacking and it is important we are aware of the extent of the problem by funding the appropriate research, as well as adequately funding awareness campaigns in order that people fully understand the detrimental effects of gambling. Most importantly, it is essential those experiencing these effects are given the help they need as well. I am glad that following the justice committee's pre-legislative scrutiny, section 141 provides for a watershed prohibiting the broadcast of gambling advertising on television and radio between the hours of 5:30 a.m. and 9:00 p.m. In addition, section 139 prohibits advertising that portrays gambling as attractive to children, advertising that condones children participating in gambling and advertising that encourages or seeks to exhort a child to gamble.

I also welcome that section 157 provides for an explicit ban on the use of credit cards as a means of payment for gambling and that the legislation goes further and also prohibits the use of electronic payment methods funded by credit cards and the offer of credit card facilities to players as well. However, I am disappointed a provision to allow background checks to be carried out on applicants when they register for an online gambling website to ascertain whether he or she has any financial vulnerabilities and that a provision for operators to be liable where they know gamblers are making losses beyond their means have not been included. That is necessary because the only way gambling companies will behave responsibly is if they are penalised for ignoring the law or putting vulnerable people in a situation they cannot get out of.

I am also concerned section 44, which addresses a national gambling exclusion register, only allows people to self-exclude from operators they already hold an account with. That seems pointless and should be extended going forward. I am not exactly sure how that would be done but it should be done and must be looked at. If someone already has an account with a company and he or she is a problem gamble,r that is not the problem. If I am a problem gambler and a gambling company stops me from doing something, I will just open an account with somebody else. That is the reality.

People pay a high price when it comes to gambling. It was reported Irish gamblers lost approximately €1.36 billion in 2020. This amounts to approximately €300 per adult and makes the Irish the fourth-highest gamblers in the EU. In 2017, The Economist indicated Ireland ranked third worldwide in 2016 for average gambling losses per adult resident. That shows we have a major problem around gambling and gambling control. If €300 is gambled per adult then my €300 is divided around everybody else and that is true for many other people and, therefore, a lot of people are losing an awful lot of money. That is why, unfortunately, we have gambling companies set up here. Some of the biggest companies in the world are based here and some are from here too.

I welcome the introduction of this Bill. It is needed because we must control this. I welcome a new regulatory framework to address the many issues I have detailed. We must do more as well and that should be teased out and looked at during the progress of the legislation.

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