Written answers

Wednesday, 16 October 2013

Department of Justice and Equality

Gambling Legislation

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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107. To ask the Minister for Justice and Equality if he has looked at the Italian model in advance of the Gaming Control Bill; if he considers such a model to be a suitable method of eliminating revenue avoidance; and if he will make a statement on the matter. [43870/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Government approved my draft General Scheme for the Gambling Control Bill in July. In the course of preparing that Scheme, my Department examined relevant provisions in the laws of many other jurisdictions, including Italy, and, where appropriate, drew on those provisions in framing the proposals appropriate to this jurisdiction.

I note the Deputy's reference to "eliminating revenue avoidance". It is important to understand the role of the proposed Gambling Control Bill in relation to taxation and revenue matters. Although not concerned with taxation, the new legislation will, nevertheless, be of assistance to the Revenue Commissioners in identifying those liable to taxation in the gambling sector. This will come about because the new legislation will provide that only licensed operators may offer gambling services and it will also provide the means to ensure compliance with that requirement. The Revenue Commissioners can therefore rely on the licensing system to identify all those liable under the relevant taxation provisions.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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108. To ask the Minister for Justice and Equality if he will support a matter (details supplied) on Fixed Odds Betting Terminals in the Gaming Bill [43879/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The matter referred to by the Deputy arises from correspondence between an interested party and the Joint Oireachtas Committee on Justice, Defence and Equality and concerns that Committee's hearings on the General Scheme of the Gambling Control Bill. The Deputy will be aware that I, as Minister, have no role in relation to the conduct of business by Committees and it would not be appropriate for me to comment on the correspondence in question.

However, on the question of the Scheme's treatment of Fixed Odds Betting Terminals, I draw attention to Head 49, in particular to paragraphs (2) and (7) of that Head. Paragraph (7) provides for a ban on FOBT in this jurisdiction and gives effect to the Government's policy on FOBT. Paragraph (2) provides powers to 'prohibit or restrict' any device, game, etc. It is available to deal with as yet unknown risks, be they from new devices, games, etc that may emerge in the future or from existing devices, etc where new evidence demonstrates a serious risk of harm. As can be seen, Head 49 provides a mechanism that will ensure a high level of protection for consumers when the evidence supports the need for action.

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