8 Nov 2013, 10:09
Consideration needs to be given to a requirement to have in place, as part of the licencing regime for the gambling industry, a system to monitor funds in on-line accounts, deposits and unclaimed winnings, according to a report on the Heads of Gambling Control Bill by the Joint Committee on Justice, Defence and Equality.
Clarity is required on the proposed licencing regime, the report says, adding that a wider consultative approach may be necessary comprising industry experts and the general public prior to the Minister introducing formal Codes or Orders, particularly considering some proposed changes in licensing.
Greater specificity on the social gambling fund may be necessary, according to the report.
The contribution to be made to the fund should be based on an operator’s turnover from the previous year and should be payable at the time of the licence application.
The purposes of the fund, in the first instance, should be to help prevent and alleviate gambling addiction through public education/social awareness and rehabilitation, but where possible, any surplus in the fund should also be used in a broader community context.
Among the report’s other conclusions are:
• The issue of enabling charitable self-funding through lotteries requires attention considering recent developments in the area (in particular, the phasing out of the Charitable Lotteries Fund). Maintaining the cap on the amount charities can raise through lotteries (as proposed in Head 19) in this regard may merit closer scrutiny.
• A more in-depth assessment of the advantages/disadvantages of adopting an independent regulatory regime may merit consideration, in particular the role of the Minister, the Department of Justice and Equality and the proposed Office for Gambling Control, Ireland (OGCI).
• Careful analysis is required to avoid potentially regressive definitions and interpretations which may negatively impact the industry.
• The structure of the self-exclusion register, particularly in relation to the obligation on operators to liaise with the regulator and monitor at-risk players, needs to be formalised to maximise its effectiveness. Consideration should also be given to identifying best practices with regard to what supports are provided to those who self-exclude and whether a national/EU standard could be utilised.
• Further consideration needs to be given to the limitations, under the General Scheme, on Ministerial powers regarding exemptions including for inter alia large-scale developments (e.g. resort casinos).
• The treatment of any form of gambling involving „virtual events? (such as virtual Roulette, Racing and Poker Machines etc.) merits closer scrutiny in future iterations of the General Scheme and the Committee proposes serious consideration be given to an outright ban of this form of gambling.
Committee Chairman David Stanton TD said: “The General Scheme of the Bill contains proposals for the licensing and regulation of gambling in Ireland. It proposes a new and comprehensive framework for the regulation, including licensing, of gambling in Ireland. Following the publication of the General Scheme of the Gambling Control Bill, the Joint Committee on Justice, Defence and Equality was invited to review and consider the General Scheme, and report back to the Minister with any observations arising from a consultation process. The Committee received 29 submissions on the Heads of Bill and held public hearings on 2nd and 9th October 2013.
This Report summarises issues relating to the General Scheme which have been brought to the attention of the Joint Committee. In particular, the Report attempts to summarise and set in context some of the points made in stakeholder submissions and subsequent presentations to the Joint Committee at public hearings.
It should be borne in mind that, the Heads of the Bill have no legal effect and what is published is only the General Scheme of Heads of a Bill which will require further work before they will be published.
On behalf of myself and the members of the Committee, I wish to thank all those who participated in this process either by way of written submission and/oral presentation to the Committee.”
Access report here: bit.ly/18a38L9
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Committee Membership
Deputies: Niall Collins (FF); Marcella Corcoran Kennedy (FG); Alan Farrell (FG); Anne Ferris (LAB) [Vice-Chairman]; Seán Kenny (LAB); Pádraig Mac Lochlainn (SF); Finian McGrath (IND); John Paul Phelan (FG); David Stanton (FG) [Chairman]
Senators: Ivana Bacik (LAB); Martin Conway (FG); Rónán Mullen (IND); Denis O’Donovan (FF); Katherine Zappone (IND); Tony Mulcahy (FG).