Dáil debates

Friday, 16 December 2016

11:20 am

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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16. To ask the Minister for Justice and Equality her plans to amend the law on the advertising of gambling; and if she will make a statement on the matter. [40307/16]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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What plans does the Minister for Justice and Equality have to amend the law on the advertising of gambling? I ask for a statement in that regard.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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The general scheme of the gambling control Bill was published in July 2013 following approval by the Government and is currently being drafted by the Office of the Parliamentary Counsel. The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the national lottery. It will provide for the licensing of all forms of online gambling.

The gambling control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The scheme includes measures that will require licenceholders to act in a socially responsible way. These measures will include controls on advertising, promotions and sponsorship.

The Deputy may wish to note that the Advertising Standards Authority of Ireland included in its most recent code, published in 2015, specific provisions relating to the advertising of gambling products. It is also worth noting that the Broadcasting Authority of Ireland recently engaged in a consultation exercise regarding a revision of its general commercial communications code. It is envisaged that the code will also include specific provisions for gambling operators.

The 2013 general scheme provides for the conferring of responsibility for all regulatory matters in this area on the Minister for Justice and Equality, including licensing, inspections and prosecutions, and envisages that these functions will be carried out by a body located within the Department of Justice and Equality. The general scheme also provides for a dedicated inspectorate to ensure compliance by licenceholders with the terms of their licences and with the new legislation generally. It is intended to proceed with the legislation at the earliest feasible opportunity and, in support of these efforts, the Government has delegated the powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State. I have requested departmental officials to commission a review of the scheme as published in 2013 to take account of intervening developments and technologies in the gaming sector, of which there have been quite a number. The review will help to update policy in this area. The review process is ongoing and scheduled for completion by the end of this year.

Pending the bringing forward of the main Bill, which is a major undertaking, my Department is examining whether there are any individual areas of pressing concern intended to be dealt with in the Bill which could be dealt with sooner in the new year by way of separate legislative measures. This is being actively considered. This consideration will be augmented by the completion of the more complex work on the main Bill for Government approval and publication later during 2017.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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I thank the Minister of State for his response. I welcome that he is looking at the Bill and is prepared to take parts out of it. One of my concerns is advertising having regard to age. Unfortunately, given the nature of the Internet, one of the ways the industry is advertising is to under-age persons online. It is promoting the opportunities for children and seeking to make it very appealing to them through advertising to engage in gambling. My questions arise on foot of the "Claire Byrne Live" on which a constituent of mine, Davy Glennon, explained how he fell ill as a result of gambling. On reviewing the issue myself, I saw that there had been very little action since 2013. I ask the Minister of State to be forthright in addressing gambling and different aspects of it in order that we can support the youth and the most vulnerable. Will the Minister of State expand on how exactly we are going to deal with advertising in 2017?

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Advertising will only be permitted where the service or product is available to persons in the State where the operator has a licence for the service or product in question. If the service or product is not available to persons in the State but is available in another state, including an EU member state, advertising will only be permitted where the operator holds a licence in that other state for that service or product and where the advertisement makes it clear that the service or product is not available or licensed in the State. The proposed regulator will, at the request of the Minister, develop a set of rules to govern the advertising of gambling. The scheme sets out a number of key principles that should inform the drafting of the rules which will be given effect by order of the Minister. The Minister may in respect of broadcasting events make orders providing that advertising on radio and television featuring or identifying specific categories of gambling service providers should not be permitted before the commonly accepted watershed time or, where permitted, that such terms and conditions as the Minister deems appropriate shall be observed. Where a sporting event is being broadcast before the watershed time, advertising relating to holders of a category 1 licence may be permitted during the intervals of said broadcasts provided that they relate specifically to that event.

The Deputy is right to say that this is a very serious matter. I am taking it seriously and we are moving on with it as quickly as we can.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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I acknowledge that the Minister of State is taking it very seriously. My biggest concern is not radio or television, to be honest, but is around the Internet which children can access with their telephones. Just this week, I attended the ISPCC conference and that is what people were mainly concerned about. It was the iPad, iPhone or any other phone whereby a child has the opportunity to gamble at the flick of a switch. A child can see the quick fix, hit or reward. Children are starting at such an early age that they are gambling on their own hurling, rugby or soccer games. That is the industry I want the Minister of State to engage with. It is the Facebooks and Googles of this world. I do not mention them per se; I mean all of them. They are the people I would like to see the Department engage with as to how to protect the youth.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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The Deputy is correct on this matter. That is why we commissioned research in the area which will be available at the end of the month. Since the initial publication of the general scheme, technology has moved on. I have come across issues of grooming of children for gambling at a young age. Fantasy gambling and other things like that are going on and it is a very complex issue. The Bill will repeal extant betting and gaming legislation on its enactment and cover both under the term "gambling" to deal with online and terrestrial versions. The Bill will also license and regulate casinos, lotteries, bingo, amusements and the tote. There are two fundamental concepts underlining the general scheme. These are that all gambling is illegal unless licensed and anyone providing a gambling service in Ireland must have a licence. As provided for in the general scheme, all licensing will come under the remit of a single national authority, who will be the Minister, and a regulatory office will be established in the Department.

Question No. 17 replied to with Written Answers.