Written answers

Tuesday, 10 November 2020

Department of Justice and Equality

Gambling Sector

Photo of Thomas GouldThomas Gould (Cork North Central, Sinn Fein)
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605. To ask the Tánaiste and Minister for Justice and Equality the status of the gambling control Bill. [34834/20]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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The Government is committed to the modernisation of the licensing and regulatory environment for gambling in Ireland and this is reflected in the Programme for Government commitment to the establishment of a gambling regulator.

Work on the drafting of the General Scheme of a Bill to give effect to this commitment is underway in my Department and is expected to be completed during 2021.

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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606. To ask the Tánaiste and Minister for Justice and Equality if a clear distinction is drawn between online games and online gambling; the basis on which the distinction is drawn; and her views as to whether there is a concern that some games are developing the features of gambling. [34839/20]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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The Programme for Government commits to establishing a gambling regulator focused on public safety and wellbeing, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.

The only current legislation providing for online gambling is contained in the Betting (Amendment) Act 2015 which permits the licencing by the Revenue Commissioners of remote bookmakers and betting exchanges. The role of my Department is limited to the processing of certificates of fitness for applicants for such licences.

There is no current legislation with regard to online video gaming engaged in by individuals. However, I am aware that there has been some attention on issues arising in the context of video gaming. In particular, whether in-game purchases or micro-transactions, described as "loot boxes", "skins" etc., designed to improve the players’ chances of success in inter-active online games, might encourage gambling like behaviour.

I am also aware that there are activities with regard to online game play that may involve third party non-regulated actors which are not authorised by the game developer or under their control.

The issue is whether such micro-transactions constitute gambling or are a form of e-commerce. It is not clear that these offers fall within the current Irish legal definition of gambling or that purchases are essentially an e-commerce activity.

Different approaches have been adopted to the issue of whether and how "loot boxes" might be defined and regulated in the context of gambling activities in Europe, with no definitive outcomes.

This matter is one which my Department and ultimately the new Gambling Regulator will keep under review.

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