Written answers

Wednesday, 15 January 2014

Department of Justice and Equality

Gambling Legislation

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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576. To ask the Minister for Justice and Equality the conditions an applicant for a licence under the gambling control Bill will have to satisfy; and if findings of criminal infringements by the applicant in other jurisdictions will be considered relevant in the granting of a licence. [1192/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Gambling Control Bill, when enacted, will establish a single licensing authority for gambling, namely the Minister for Justice and Equality. It will also contain details of the procedures to be applied to the processing of applications for licences. I hope to publish the Bill in the autumn but meanwhile, details on the procedures and processes involved are already available in the general scheme of the Bill (which is available on my Department's website).

I will begin by setting out some general principles. Only those forms of gambling permitted by the new Act may be carried on. In addition, where the gambling is of a type that is permitted, it may be carried on only if conducted under and in conformity with a licence. Each licence will be accompanied by terms and conditions designed to protect consumers and to prevent criminal activity. The onus is on the applicants to fulfil the requirements of the legislation but the regulator will also be required to carry out extensive and detailed consideration of applications. Heads 29 to 39 contain all the major requirements to be met by applicants for licences. It is essential that the public has confidence in the licensing system and that it is satisfied about the integrity and bona fides of licence holders.

Head 4 reflects this requirement, it sets out the primary purposes to be served by the new Bill. Among them is the need to ensure gambling is not used by or for criminal purposes. Head 32 reflects the issues I have just mentioned. Each applicant for a licence must declare any convictions either in the State or elsewhere. Failure to disclose a conviction may lead to an application being refused. It may also result in the withdrawal of a licence issued to an applicant whose failure to disclose is established only after the licence has been granted. There will be provision for the Minister to specify certain offences that, due to their relevance and nature, must be declared in all cases where applications are being submitted.

All applicants must, of course, be treated fairly. I am sure the Deputy will agree that it would be unreasonable to provide that the mere fact of a conviction would debar anyone from ever holding a licence. Heads 32(4) and 34(3) therefore set criteria for the evaluation of convictions. The offence involved will be evaluated by its gravity and relevance to the preservation of the integrity of the licensing system.

Finally, I must draw attention to Head 12. It is of critical importance as it provides for enhanced cooperation arrangements at international level between regulators. These arrangements will facilitate contacts and exchanges of information (including records of convictions) between our authorities and their counterparts abroad. They will allow for independent verification of the applicant's status and of the information he / she has supplied or has failed to supply. I believe my proposals will serve the public interest and will contribute to the protection of consumers.

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