Written answers

Tuesday, 5 November 2013

Department of Finance

Betting Legislation

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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226. To ask the Minister for Finance the reason the Betting (Amendment) Bill 2012 was withdrawn and replaced by the Betting (Amendment) Bill 2012; the timeframe for when this 2013 Bill will be passed; and its relationship to the measures on the taxation on betting in the Finance Bill and Budget 2104. [46936/13]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The Betting (Amendment) Bill 2012 was designed to ensure a fair and equal treatment of all bookmakers and betting exchanges (betting intermediaries) offering services in Ireland and to bring into the licensing regime, for the first time, all remote bookmakers and betting intermediaries. The introduction of a licensing regime for remote bookmakers and betting intermediaries which, in the majority of cases, are based outside the jurisdiction poses significant challenges in terms of enforcement and compliance. Some significant changes were needed, therefore, to the Bill as published in July 2012 to strengthen controls as far as possible to ensure compliance with the new regulatory regime.

Officials from my Department worked closely with the Office of Parliamentary Counsel, the Office of the Attorney General, the Revenue Commissioners and the Department of Justice and Equality in this regard and this resulted in the publication of the Betting (Amendment) Bill 2013 in July last. This new Bill supersedes the Betting (Amendment) Bill 2012 hence the motion to withdraw that Bill.

The new licensing system for remote operators will serve the important public interest in preventing crime and protecting consumers against fraud and will ensure that all businesses offering betting services from Ireland or to persons in Ireland are regulated appropriately. The Betting (Amendment) Bill 2013 amends, for that purpose, the Betting Act of 1931 which contains the existing provision governing licensing of bookmakers.

Under the Technical Standards Directive, the EU Commission had to be consulted about the Bill following its publication and this led to a standstill period of a minimum of 3 months. Scheduling of the Bill through the Dáil is a matter for the Whips. Subject to this, it is my intention to progress the Bill in the current session.

Provision was made in the Finance Act 2011 for the taxation of remote bookmakers and betting exchanges, subject to a Ministerial Commencement Order. This order cannot be commenced until the Betting (Amendment) Bill 2013 has been enacted. Changes contained in Finance Bill (No. 2) 2013 are technical changes required to bring definitions and licensing periods in line with those contained in the Betting (Amendment) Bill 2013.

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