Written answers

Tuesday, 21 January 2014

Department of Justice and Equality

Gambling Legislation

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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499. To ask the Minister for Justice and Equality the measures he will put in place in the Gambling Control Bill to deal with illegal gambling operators; and if he will make a statement on the matter. [2397/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Bill will repeal much of the existing legislation on gambling and will represent a fresh start. As its title indicates, the aim of the new Bill is to establish a system within which gambling can take place openly, fairly and in accordance with terms and conditions, in other words, within a controlled environment. The Bill will operate on the basis that all gambling is illegal unless it is of a type permitted by law and, even if permitted, it may be carried on only if licensed and in compliance with any terms and conditions attached to the licence.

This approach ensures that all operators wishing to provide services to the public must make themselves known to the authorities. The authorities can then ensure the operators are suitable and are operating within the law. As a result, the risk of gambling being used for criminal activity will be greatly reduced and consumers will be afforded a high degree of protection.

The new controls will operate in several ways and at different stages. For example, to begin with, all applicants for licences must supply detailed information about themselves, their past records (whether in Ireland or abroad), and about their businesses. The information must include details of all convictions (in Ireland or elsewhere).

Where licences are granted, a dedicated inspectorate will ensure compliance by licence holders with the terms of their licence and with the new legislation generally. The legislation will provide that the inspectorate must include persons qualified in all the disciplines required for the inspection of gambling operations and venues. The inspectorate will be able to bring prosecutions or may impose administrative sanctions in appropriate cases.

There will be controls directed particularly at unlicensed operators, and in particular, at remote operators, many of whom will be based outside the State. The regulator will be able to apply for Court Orders to prevent, disrupt or obstruct receipt of the unlicensed service; these Orders will result in what is commonly referred to as "blocking" of the website. The Orders may also restrict publicity, including advertising that refers in any way to the service, as well as prohibiting banks from executing financial transactions with the unlicensed operator.

The Bill will facilitate enhanced cooperation arrangements at international level between regulators. These arrangements will enable exchanges of information between our authorities and their counterparts abroad. This will give the Irish authorities access to very wide and rich information on operators and it can be used to verify statements or claims made to the Irish authorities.

As can be seen, the Bill will provide a varied and comprehensive set of measures to address illegal gambling.

The Bill is being prepared by the Office of the Parliamentary Counsel and it is expected to be published in early 2015. Meanwhile, the general scheme of the Bill is available on my Department's website.

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