James Browne (Wexford, Fianna Fail) | Oireachtas source

Briefly, on amendment No. 1, this is simply a technical amendment. On amendments Nos. 2 and 107 to 109, inclusive, I thank the Senator for his amendments but I cannot accept them. His amendments seek to introduce a provision that is similar to sections 12 and 13 of the Gaming and Lotteries Act 1956, and for related matters. Those sections require a local authority to adopt a resolution to permit gambling in its relevant area. Unfortunately, local authorities are not exercising this power in a consistent manner, as pointed out by the Senator himself, and do not co-ordinate with each other when they do so. This has led to a significant degree of inconsistency, where loose resolutions have been adopted in some areas and not others.To address this issue, section 96 provides that the authority must consult local authorities when determining whether a premises is suitable to provide gambling activities. It must also consider the proximity of any premises to schools. I intend to amend section 96 to strengthen this provision to provide that this consultation shall be a function of the local authority and, separately, that the authority must consult the relevant fire safety authority when considering the suitability of a premises. In this context, there will be a reciprocal obligation enshrined in the Bill to ensure consultation and co-operation between the authority and local authorities concerning the location of premises and whether gambling may take place in a particular area.

The local authorities have been really inconsistent in this regard throughout the country and even within their own local authority areas. My own town, Enniscorthy, used to have its own independent town council which did not adopt the 1956 Act. Town councils were regrettably abolished, which was another step in undermining local democracy and something with which I certainly did not agree. I agree with all the comments about how our councillors have been undermined in the past 20 years and more. Subsequently, a small casino, or whatever you want to call it, opened in the town and went out of business quickly thereafter. The argument, however, was that because the town council was abolished, the resolution no longer applied. I disagreed; the geographic area was still there. That was the case.

This leads on to the issue that every ten-year-old is going around with one-arm bandits and casinos in his or her back pocket now. That is the problem. The situation has gone way beyond whether a particular premises is opening to provide those services because they are literally everywhere. We are trying to bring in a consistency whereby every premises that offers such a service will have to apply for a licence. There are strict criteria within this legislation if someone is to get a licence.

Credit card gambling was mentioned. Credit card gambling will be abolished under this legislation. Places will be very much controlled, such as the times and locations of where they are going to be. Private members’ clubs will have to be licensed under this legislation now as well. We are very clear on that. I have always been acutely aware of the Senators’ views on getting licensed those private members’ clubs which provide anything like that.

The whole area around local authorities trying to govern this area has failed miserably throughout the country. We want to put in strict controls consistently throughout the country. This will help to prevent and control gambling offline and online. The online demand services will be covered. Senator Tim Lombard raised the issue of his eight-year-old child hearing gambling advertisements while listening to Spotify playlists early in the morning. That is something that has to be stopped and this legislation will help to stop it all. Gambling is a risky activity.

I welcome the Senators’ comments who are supporting this legislation. There has been an extraordinary amount of lobbying to try to water down this legislation. Nearly every letter that comes in starts off by stating that they fully agree with what I am doing except the piece that applies to them. We have stayed steadfast, however. We have also listened to people where amendments need to be made. There is a small amendment to help the bingo because, in fairness, it would have been unfairly caught by a previous definition of gambling. The amendment allows that situation to be able to continue.

This overall Bill is very important. I will address the issue of advertisements later when we discuss amendment No. 38. While I hear the Senator’s concerns, I feel that ship has sailed in this country in terms of local authorities and their inconsistency but also the fact that every ten-year-old and every person who is susceptible to gambling are going around with it in their back pocket. We must have a better way of addressing gambling in this country in all its forms rather than simply depending on a local authority and the planning department of a local authority to enforce its interpretation of legislation.