James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for his contribution. He has long been an advocate for gambling reform. The Bill provides that any person who provides a gambling activity whether for a commercial, charitable or philanthropic purpose must have a licence from the authority. There are no exemptions, save for the few very specific circumstances set out in sections 89 and 90. Commercial operators operating from a premises could describe themselves as a casino, private members' club, sports club, sportsbook or bingo hall. Irrespective of what they call themselves, they will need an appropriate in-person gambling licence from the authority to offer gambling activities from a premises. Similarly, unincorporated bodies will need a licence to offer gambling activities. This is similar to alcohol licensing in the State if it is a GAA or soccer club, for example. Being an unincorporated body or describing itself as a club, however, is no exemption from holding a licence that is required to provide for any regulated activity and gambling is no exception. As Senators will have seen, the Bill includes a number of provisions to address operating without a licence. Section 65 provides that any person who provides a gambling activity in this State without a licence shall be guilty of an offence and may face penalties of up to eight years' imprisonment, a fine, or both. In addition, section 73 provides the authority with the ability to seek orders to deal with unlicensed operators. These include orders to cease any unlicensed activities, block financial transactions by unlicensed operators and block the disposal, removal from the State or reduction of assets below a certain level by unlicensed operators.

Senators will have seen the amendment I intend to table on this Stage which contains consequential amendments to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and a number of transitional arrangements in respect of that Act. Any person providing gambling activities pursuant to a licence under the 1929, 1931 and 1956 Acts must provide a certificate of fitness for the purposes of compliance with any money laundering obligations and is still required to hold a licence to do so under those Acts. Once the authority starts issuing its own licences, those issued licences under previous Acts may continue to do so for a transitional period. If you offer a gambling activity in this State, irrespective of how you describe yourself, you will be required to hold a licence from the authority. Those who attempt to circumvent this requirement will face severe consequences. I agree with the Senators' intention but we are satisfied that current legislation as drafted will cover those organisations currently describe themselves as members' clubs.