James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Labour Party and, in particular, Senators Wall, Sherlock, Moynihan, Hoey, and former Senator, now Deputy, Bacik for bringing forward this Bill. The Government fully understands the concerns Members have about problem gambling and in particular the impact that gambling and its advertising may have on children. Senator Wall’s passion for this issue has been clear since his election to the Seanad and has been matched with reasoned proposals from the very beginning. This Bill is an important contribution and keeps that focus on the issue of problem gambling. We have not had full and substantive reform of our gambling legislation since the 1950s. That said, I acknowledge the very important work done by Deputy David Stanton, both in the legislation he brought forward himself and in the foundational work he did on the legislation I have brought forward.

The personal stories we have heard today from all Senators bring home the impact problem gambling has had on our society and the very real consequences and devastation to families. That includes financial devastation, devastation to people’s relationships and often very serious consequences for individuals who find themselves in difficult situations. Recently, there have been increasingly blurred lines with gambling advertising made to look like gaming and fun activities. That sense of allurement and pulling people in has been referred to several times.

With regard to the gaming industry, Senator Pauline O’Reilly referred to loot boxes and similar activities that condition young people towards gambling. We have to be aware that society is changing rapidly. We all remember the hullabaloo 12 years ago about a physical casino being set up in Tipperary and how that might impact and promote gambling. Now every 12-year-old is going around with a casino in their back pocket. That is the reality of it. There are issues around augmented reality, artificial intelligence, algorithms, the blurred lines to which I referred and the mass advertising that is happening. Senators Wall and Cassels also rightly pointed out the greater role of gambling meshing in with sport and how it is almost impossible to participate in and enjoy sport without gambling being front and centre.

A long time has passed since we had extensive gambling reform - way too long. The reform being brought forward now by the Government is critical and is very much informed by the work of Senator Wall. It will protect vulnerable people and set out the dangers and risks around gambling, which are becoming ever more pervasive. We also know of the good work that has been done by Senator Joe O’Reilly for a long time in keeping gambling on the agenda. He referred to the work done by Professor O’Gara on this matter.

I again thank the Labour Party and its Senators. The Government is fully supportive of the important public policy objectives motivating this Bill. For this reason, and as the Government is progressing its own comprehensive legislation on gambling regulation that will address many of these issues, It has decided not to oppose Second Stage of this Bill and will support it. As Members will be aware, the Government has committed in the programme for Government to comprehensively reforming the licensing and regulation of gambling activities. The debate on reforming gambling has been going on for a long time. It is time to bring that debate to a conclusion over the coming months and pass legislation that will address this core issue. As public representatives, we are all too aware of the great difficulties that many people, their families and communities have suffered as a result of gambling addiction and problem gambling in general. It is an issue that must be addressed for the well-being of our society and, with the support of the Oireachtas, the Government intends to put in place a comprehensive framework that will safeguard and address problem gambling, including advertising, at its core. I am very aware of the proliferation of gambling advertising and this Bill is widely welcomed.

Last October, the Government published the general scheme of the gambling regulation Bill. As I said then, the publication of the Bill marked an important milestone towards the effective regulation of gambling in Ireland under a new, independent statutory body, the gambling regulatory authority of Ireland. One of the key objectives of the authority will be to set safeguards to address problem gambling, including in respect of gambling advertising. In addition, the authority will provide a clear and comprehensive legislative framework which will make it easier to hold companies to account, as well as measures to prevent gambling being a source of support to crime. While I certainly appreciate the aims of this Private Member's Bill, it only address one important element of the many objectives addressed in the Government's Bill. Further consideration of unforeseen implications and consequence of today's Bill is required and I look forward ti further engagement with Senator Wall on that. That is the rationale for the Government's support of this Bill on Second Stage. The Government legislation is a comprehensive piece of reform to bring about gambling regulation and coherent licensing and will address gambling advertising, along with appropriate safeguards for customers. I again thank Senator Wall and acknowledge his positive contributions in that respect.

Senators will be aware of the complexity of the modern offerings of the gambling industry and the speed with which innovations are introduced. It is important that we take as comprehensive an approach as possible to this area and that we future-proof any measures so they are adaptable to changing circumstances. By providing a coherent licensing and regulation environment, including a powerful independent regulator, the Government legislation will allow for agile responses to any new issues of concern or new areas requiring regulation. The State needs a powerful and responsive authority that can keep pace with a fast-moving industry. In January, the Government approved the gambling regulation Bill for priority drafting and publication and the drafting of the Bill in the Office of the Attorney General, in co-operation with my Department's officials is progressing. Furthermore, the Joint Committee on Justice has commenced its pre-legislative scrutiny process on the Government's gambling regulation Bill. The committee has held two pre-legislative scrutiny sessions, which I followed with interest. Witnesses invited to address the committee included support groups working with those who have suffered from gambling addiction. Among a range of issues, they expressed their concerns around advertising, particularly advertising that may be seen by under 18s. I look forward to receiving the report of the committee, which will inform the further development of the Bill.

I have also listened with interest to the contributions made today and I, along with my officials, will consider them in the context of our ongoing work on the Bill. The Government's work has been informed by the report of the interdepartmental working group on the future of licensing and regulation of gambling, approved by the Government on 20 March 2019. The Bill has also drawn on analysis of the regulatory approaches in other jurisdictions and the nature of gambling within this State. Following extensive consideration and consultation, the Government has proposed the establishment of a gambling regulator focused on public safety and well-being. In its regulation of the industry, the new gambling regulatory authority will have a focus on the impacts of harmful and problem gambling. The Government's Bill will empower the independent gambling regulator to develop regulations, codes of conduct and codes of practice on various issues relating to gambling including advertising.

The impact of gambling advertising has been a key element of consideration in the development of the Bill. A key focus of the gambling regulatory authority will be appropriate standards for advertising and customer protection by gambling operators. The authority will examine advertising in the context of the full range of activities of the gambling operators and it will be essential for operators to comply if they are to maintain their licence. The authority will have the power to impose fines where codes of conducts and regulations are not being complied with, and to remove a licence or block the various sites if they are in breach of the regulations and guidelines. It is the Government's intention that the authority be empowered sufficiently to perform its role with efficiency and fairness, and that it will be sufficiently resourced to allow it to ground its decisions in a thorough understanding of the industry. We are all aware that the technology in the gambling sector is constantly developing. To effectively protect customers and communities, the authority must be able to respond with agility to any new developments.Under the current arrangements, responsibility for monitoring gambling advertising is shared by a variety of authorities including the Department of Environment, Climate and Communications, the Advertising Standards Authority of Ireland and the Broadcasting Authority of Ireland. While these ensure that advertisements must meet the basic requirements of being truthful and not mislead any potential customers, it is clear that there are other matters at play that require further regulation in the area of gambling advertising.

As recognised by the interdepartmental working group on the future of licensing and regulation of gambling, there are various issues involved in developing an effective approach to advertising on gambling products. My Department is examining these issues and working with the Office of the Attorney General to ensure there are no unforeseen consequence in the new legislation, including with due regard to the latest developments in the UK and elsewhere. In developing the new legislation, my objective is to provide enhanced consumer protection for players and to limit harmful effects on young people and those susceptible to addiction. We must ensure that gambling will be safe, fair and crime-free. The legislation will be comprehensive. The gambling regulatory authority will be suitably empowered and oversight of the regulation of gambling advertising will be an important facet of his or her work.

The Bill also provides for the establishment of a 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. I believe that the research funded under this arrangement will greatly assist the authority in the development of an effective approach in the area of advertising.

A recruitment process for a CEO-designate of the gambling regulator is currently under way and there is a clear path towards the regulator being operational by 2023. I appreciate the opportunity today for further discussion today with Seanad Members on this important area. The Government's Bill will seek to address the widespread concern over the lack of robust regulation of gambling advertising and the negative consequences that this is having on our society. I agree with Senator Wall that this is not about ending gambling or about stopping people from having fun. It is about protecting vulnerable people in our society.