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.

At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities.

The Government recognises and appreciates the hard work of, and services provided by, not-for-profit and voluntary organisations, including the many charitable organisations in this country. In that regard, the Bill provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes, including charities, sporting organisations and local sports clubs.

Neither the Government nor I want to prevent charities from fundraising via lotteries, raffles and other gambling activities. I have had wide-ranging engagement with the charity sector and have listened to their concerns. My officials and I met with 14 individual organisations from the sector in February 2023 to hear their views on the Bill. In addition, my Department has corresponded with over 40 charities in relation to the Bill. A further meeting between Department officials and representatives from the Charities Institute Ireland took place in August 2023.

As the Deputy will be aware, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included on the recommendation of the Joint Oireachtas Committee on Justice’s pre-legislative scrutiny report (May 2022). In line with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media. Additionally, the Deputy may also like to note that the watershed provision does not apply to advertising online via social media.

The Bill does not equate the charity and not-for-profit sectors with commercial gambling operators. Charities may continue to advertise and promote their work in all fora without hindrance. The advertising watershed will only apply to charitable / philanthropic licence holders when advertising gambling activities, and not advertising generally.

It is important to note that charities and other organisations 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 existing policy, and the measures, albeit modernised, provided for in the 1956 Act and the exclusion of the charity sector from the provisions of the Bill would result in a removal of safeguards and protections that that sector has complied with for close to the past 70 years.

It is essential that charities, not-for-profit and voluntary organisations of all kinds and their activities continue to be well regulated, and 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, charitable cause or as a sports club. To exclude these organisations from the scope of the legislation, or to reduce its application, 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 the regulation, scope or accountability contained in the Bill.

As I noted at Committee Stage, and following engagement with stakeholders, I intend to bring a number of amendments to the Bill during Report Stage to provide clarification to the advertising provisions and related matters.