Written answers

Thursday, 11 May 2017

Department of Justice and Equality

Gambling Legislation

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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46. To ask the Tánaiste and Minister for Justice and Equality the steps she has taken in relation to strengthening the Fraud Act 2001 with regard to gambling on sporting events; and if she will make a statement on the matter. [22541/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Part 2 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (as amended) deals with theft and related offences. For instance, section 6 of the Act provides that a person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence. A person guilty of an offence under section 6 is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both. While I do not have any plans at present to amend the legislation in question, I will continue to keep the matter under review.

I might add that, as has been recently conveyed to the House, it remains the intention to proceed with gambling legislation at the earliest opportunity. The preparation of a Gambling Control Bill continues on that basis. However, it should be acknowledged that it will require some significant updating to take account of developments since 2013, when the General Scheme of the Gambling Control Bill was published. The preparation of the legislation will be a major and complex undertaking.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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47. To ask the Tánaiste and Minister for Justice and Equality the position regarding the Gambling Control Bill; and if she will make a statement on the matter. [22542/17]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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As I have previously conveyed to the House, it remains the intention to proceed with gambling legislation at the earliest opportunity including under the powers of the Minister for Justice and Equality under the gaming and lotteries legislation which have been delegated to me as Minister of State. The preparation of a Gambling Control Bill, and of a number of related early measures for inclusion in the General Scheme of the forthcoming Courts and Civil Law (Miscellaneous Provisions) Bill, continues on that basis. I intend to move forward as quickly as possible with the appropriate measures on both of these fronts. I can also confirm that it remains my intention to bring forward the main Gambling Control Bill for government approval and publication later this year.

Work on the preparation of the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill is at an advanced stage in my Department. The General Scheme for this Bill will contain a range of provisions, many of them technical in nature, that are expected to relate to such matters as electronic courts services and some early amendments, as previously signalled, to gaming legislation. In that regard, we expect to bring forward a number of useful modernisation and clarification measures to the outdated Gaming and Lotteries Act 1956. In particular, it is hoped to address issues concerning minimum age for gambling activities, realistic stake and prize amounts and a clearer setting out of the circumstances for the conduct of certain activities. It is anticipated that the General Scheme of the Civil Law and Courts (Miscellaneous Provisions) Bill will be brought to Government by the Tánaiste soon for approval both to publish it and to submit it for pre-legislative scrutiny and for detailed drafting to the Office of the Parliamentary Counsel.

In parallel to these imminent measures, work also continues in bringing forward the main Gambling Control Bill building on the General Scheme that was published in 2013. The preparation of legislation providing for the regulation of a large, multi-million euro economic activity, with significant cross-border and electronic on-line operations, will be a major and complex undertaking.

In support of this work, I published, on 23 February 2017, a study by University College Dublin under Dr. Crystal Fulton which I had commissioned at the end of 2016. The aims of the study, entitled "Developments in the Gambling Area - Emerging trends and issues supporting the development of policy and legislation in Ireland", were to identify developments in the area of gambling, inclusive of all aspects of gambling such as technological innovation and international legislation, and, to identify new or emerging legislative and policy issues in the area of gambling not currently represented in the original General Scheme and which may need to be addressed in new legislation. The study can be accessed through the internet link .

Along with officials of my Department, I am continuing to consult with relevant stake-holders. In that spirit, I look forward to discussing quite soon the gambling measures that will be contained in the General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill and, after that, to discussing the main Gambling Control Bill when it, in turn, is approved by Government for publication.

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