Seanad debates

Wednesday, 24 September 2014

Betting (Amendment) Bill 2013: Second Stage

 

2:35 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael) | Oireachtas source

I welcome the Minister and I welcome the Betting (Amendment) Bill 2013, which will provide a regulatory system for betting exchanges offering betting services in Ireland regardless of their location. The measures in the Bill are long overdue. For far too long, there was not a level playing field and, hopefully, the Bill will provide fair and equal treatment for all bookmakers in Ireland, traditional and remote, as well as betting exchanges offering services in Ireland.

As the Minister stated, the Bill brings all remote bookmakers and betting intermediaries into the licensing and taxation regime which operates in this country. It is important that the new licensing system comes into operation as soon as possible, as it will assist in preventing crime and protecting consumers against fraud. It will also ensure all businesses offering betting services from Ireland or to a person in Ireland are treated equally and regulated appropriately, which has not been the case for many years. The fact that the Bill is to amend the Betting Act 1931 highlights how out of date the current betting laws are. I presume any objections or outstanding complaints from individuals against any company seeking a licence to operate will be thoroughly investigated by the appropriate authorities before a licence is granted. It is important that the voices of customers who may have disputes with operators are listened to.

If this does not happen, licences to operate in Ireland should not be granted.

The criteria relating to certificates of personal fitness to hold a licence should also be very stringent. I am satisfied that, in the context of the powers of the Garda, the Minister and the Revenue Commissioners, the provisions contained in the Bill deal adequately with this issue. I am of the view, however, that the position should be monitored on a regular basis. The current system of inspecting premises operated by the Revenue Commissioners or whomever is less than satisfactory. On previous occasions I have referred to the fact that some bookmakers have gaming machines installed on their premises, a practice which I believe to be illegal. I am of the view that the law in this area is being openly and brazenly flouted by some betting chains. I hope that the practice of turning a blind eye that appears to obtain at present will be brought to an end as a matter of urgency. The machines to which I refer are highly addictive and we have all witnessed the damage they can cause. No one - whether it be the Garda, the Revenue Commissioners or local authorities - is assuming responsibility in respect of this flagrant abuse of the law. This matter has been allowed to fall between a number of stools and there is a need for the Minister or his appropriate colleague in Cabinet to act. Regardless of whether responsibility lies with the Department of Finance, the Department of Justice and Equality or the Department of the Environment, Community and Local Government, the current situation should not be allowed to continue.

I have grave concerns with regard to section 25 of the Bill, under which provision is made to allow bookmakers to open their premises from 7 a.m. to 10 p.m. all year round. That is a disgrace. An opening time of 9 a.m. or 10 a.m. would be sufficient and I certainly have a problem with one of 7 a.m. What is wrong with closing betting shops when the last horse race held in Ireland or the UK on a particular day has concluded? Extending closing time to 10 p.m. all year round is wrong, and I am concerned about this development. Consideration must be given to the views of staff, who in the main are, I understand, completely opposed to these new proposals. Will the all-year-round provision mean that shops may open on Good Friday? As the previous speaker mentioned, the ban on betting shops opening on Easter Sunday is being lifted, and I agree with this change.

The Bill does not deal with the rate of duty imposed in respect of betting services. I urge the Minister to begin with a minimum levy of no less than 2% on turnover. It has been suggested that the levy might be as low as 1%, which would be derisory as far as I am concerned. That is a matter for another day, however, and, as the Minister indicated, it is probably more appropriate to deal with it in the context of the finance Bill.

The use of credit cards to place bets should be monitored and the amount of money a person can wager via his or her credit card each day should be limited. People who use online betting exchanges should be aware that their accounts are monitored by the banks and that some individuals have been refused approval for mortgages and loans as a result of their betting activities.

There is an anomaly in the existing law whereby children can openly bet on the State-sponsored tote. One must be over 18 years of age in order to place a bet with an on-course bookmaker, enter a bookie's office or buy a lottery ticket, but we still allow children to bet on the tote. We must grasp the nettle and address this anomaly. The significant contradiction whereby people must be over 18 in order to place bets with bookmakers while children continue to be allowed to bet on the tote cannot be allowed to remain. This is obviously a matter to be dealt with in the context of the gambling control Bill, but that will not stop me continuing to mention it in the House. I have corresponded with the Minister for Justice and Equality on this issue. Horse Racing Ireland and, in particular, Bord na gCon would resist such a change because they believe in bringing young people into the system as soon as possible. I am aware of many cases in which an early introduction to gambling has led to addiction and all of the horrendous and well-documented problems associated therewith. As already stated, this matter is probably more appropriate to the gambling control Bill. However, I feel passionately about it and introduced a Private Member's Bill in respect of it when in opposition.

I welcome the Bill, which is long overdue. I compliment Deputy Stanton and the committee he chairs for the time they devoted to considering the Bill. I am of the view that the legislation was improved as it passed through the Lower House. This is another good example of how well the Oireachtas committee system can work. I wish the Minister well in his work. I understand the European Commission has some further observations to make on the Bill and its provisions before the House proceeds to Committee Stage, which will probably happen at the end of next month. I hope that any problems can be resolved without undue delay and that we can implement the provisions, particularly those relating to online betting, at the earliest possible opportunity.

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