James Browne (Wexford, Fianna Fail)
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The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 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 provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes such as local sports clubs, good causes, etc.

The Government recognises and appreciates the hard work of, and services provided by, charities in the State. Stakeholder engagement is an important aspect of informing and developing new legislation and hearing the views of all stakeholders in respect of legislative proposals that will affect them is a key aspect of a robust, transparent and democratic legislative process.

I have had wide-ranging engagement with the charity sector and have listened to their concerns. In that context, I met with 14 individual organisations from the charity sector, as well as with the Charities Institute Ireland in late February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill.

The Government is not equating the charity sector with commercial gambling operators. In that regard, the Gambling Regulation Bill contains specific provisions tailored to meet the needs of charitable and philanthropic organisations. It is important to note, the prohibition on sponsorship of events will only apply to commercial gambling companies. Those holding a charitable licence under the Bill will not be affected by the prohibition. There will be no bar to charities sponsoring events. Regarding the sponsorship of charitable events by gambling companies, this will depend on the event, and whether it appeals to children or not. I will revisit this issue again at Report Stage to ensure that the position is clear.

The maximum relevant payment limits where gambling activities are provided by a licensee of a licence for a charitable and philanthropic purpose are also being removed.

Charities that provide gambling activities must be properly regulated in that regard. It is important to note that charities that operate and promote lotteries as part of their fundraising model are already subject to regulation via the Gaming and Lotteries Act 1956. The Gambling Regulation Bill is a direct continuation of this policy, and the measures, albeit modernised, provided for in the 1956 Act. The exclusion of the charity sector would result in a removal of safeguards and protections that the charity sector have complied with for close to the past 70 years.

It is essential that charities and their activities are well regulated, but are also seen to be well regulated to ensure public confidence in them and that is what the Bill provides for. It is also imperative to ensure that someone cannot operate and offer gambling activities under the guise of a charity.

To exclude the charity sector from the scope of the legislation would remove important protective legislative safeguards for legitimate organisations, and create a scenario where anyone could apply for a charitable or philanthropic licence to circumvent being subject to regulation, scope and accountability contained in the Bill. It is important to ensure that proper controls are in place to prevent those that would masquerade as genuine charities and would damage the whole sector.