Written answers

Wednesday, 3 May 2023

Department of Justice and Equality

Legislative Measures

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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266. To ask the Tánaiste and Minister for Justice and Equality if the proposed legislation for the regulation of the gambling industry contains provision for holding companies to account in the event that they make unsolicited contact with previous patrons who experienced problem gambling; if so, what that provision is; and, if not, if a route for resolution for these occurrences will be considered in light of the traumatic impact they have on individuals. [20216/23]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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As the Deputy will be aware, the Gambling Regulation Bill 2022 was published on 2 December 2022. The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

The Bill completed Second Stage in the Dáil on Tuesday, 6 December 2022 and my Department is currently preparing amendments to the Bill for Committee Stage which is expected to take place in the coming months.

Section 44 of the Bill provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. A person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During their exclusionary period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any moneys held by a licensee must be refunded to that person within 7 days of entry on the Register.

Section 45 of the Bill prohibits licensees from –

  • allowing a person on the Register to gamble
  • accepting a payment for gambling from a person on the Register, or
  • communicating with a person on the Register in a manner that would encourage that person to gamble or that promotes gambling
A licensee that breaches such a prohibition shall be guilty of an offence and liable on conviction to up to 5 years imprisonment, a fine, or to both.

The Bill also contains restrictions on the advertisement of gambling activities.  Aside from a 5:30 am to 9pm ban on advertising on television, radio or an on-demand audio-visual media service, it also prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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267. To ask the Tánaiste and Minister for Justice and Equality whether he has consulted with county registrars in respect of the proposed amendment to section 35 of the Court Officers Act 1936 which is currently contained in section 96 of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022; and if he will make a statement on the matter. [20218/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Courts and Civil Law (Miscellaneous Provisions) Bill 2022, introduces important legislative reforms across a number of areas. It is part of a suite of measures the Department of Justice continues to introduce to improve access to justice and modernise the Courts system.

Section 96 provides for an amendment which outlines the circumstances in which a county registrar will cease to hold office and the circumstances in which Government may remove a county registrar from office. It also outlines the process for giving notice and an opportunity for a county registrar to respond before a decision is made.

This amendment, which was subject to legal advice from the Office of the Attorney General, seeks to ensure that a sufficiently clear, robust and fair legal process is in place for the removal of a county registrar from office and is in-line with similar modernised provisions for quasi-judicial roles.

Officials within my department engaged with the Courts Service and the County Registrars Association about this amendment on a number of occasions.

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