Gerald Nash (Louth, Labour)
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288. To ask the Minister for Public Expenditure and Reform when the Government plans to prohibit bookmaking firms from operating bets on the National Lottery; and if he will make a statement on the matter. [50005/22]

Michael McGrath (Cork South Central, Fianna Fail)
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Since its inception in 1987, through good times and bad, the national lottery has continually provided a steady stream of funding for good causes in the areas of the arts and culture, sport and recreation and various voluntary, community and local activities.

Therefore, to help sustain the contribution of the National Lottery into the future, I commissioned Indecon to carry out a report on the current allocation of national lottery funding to and its utilisation by Departments. Among other things, Indecon was asked to: examine best practice in other jurisdictions; develop policy options to enhance the connection between national lottery sales and the allocation of funding to good causes; monitor and report on the impact of funding allocated; and identify new areas for funding allocations.

I believe that work on finalising and submitting the report is close to completion and I understand that the report will be available for my consideration in the near future. I will bring the Report to Government and publish it thereafter.

Full consideration of the report will provide a useful basis for the consideration of any legislative initiatives regarding the National Lottery.

Any legislation such as that at issue in the question would need to be compatible with EU law. Specifically, there is the challenge of addressing the issue of proportionality in justifying a complete ban on a previously legitimate and legal business activity that has been in place for years. There would be a need to show overriding reasons to justify a complete ban as a non-discriminatory and proportionate means of achieving legitimate objectives in the public interest. It seems likely that some very considerable work would be necessary to mitigate and manage any legal risks that could arise in respect of any such legislation.

The European courts seem to have been very strong in their view that raising public funds does not by itself constitute a legitimate reason for governments to take actions in regard to the rights of lottery competitors to trade. This is no small issue that would have to inform the drafting of any legislation along the lines of that suggested in the question.

The issue of any legislation that had the effect of prohibiting bookmaking firms operating betting on the National Lottery therefore needs careful assessment and analysis and will require consultation with the Attorney General.