knowledge 17 October 2024 |

Winner All Right - The Gambling Regulation Bill 2022 Passes The Finishing Post

On 16 October 2024, after almost two years since it was initially published and after many false dawns, the Gambling Regulation Bill (the “Bill”) was passed by the Irish Parliament.  The Bill once enacted will represent the most significant reform of gambling legislation since the establishment of the Irish State.  A copy of the statement from the Department of Justice on the passing of the Bill is available here.

Speaking on the Bill, Minister of State James Browne commented that “It provides for a new streamlined, simplified and coherent licensing framework - one that reflects the nature of gambling in modern society and addresses the proliferation of digital gambling activities and advertising in recent years … 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 CEO Designate of the soon to be established Gambling Regulatory Authority of Ireland (“GRAI”), Anne Marie Caulfield stated that “While we have a lot of preparatory work done, we will have a phased introduction of our functions, with a focus on licensing initially. As CEO designate of the new Authority, I am determined to ensure that licensees operate in accordance with the legislation while also fulfilling our mandate to establish safeguards to address problem gambling. We are also committed to engaging with stakeholders as we establish this new regulatory regime for Ireland’s gambling and gaming sector.”

Some of the key features of the Bill include:

  • New Gambling Authority: The establishment of the GRAI which will be responsible for the regulation of all forms of gambling in Ireland.  The CEO Designate has already been appointed with 11 other posts already sanctioned and filled.  Directors are in situ in the areas of Licencing, Corporate Services and ICT.  Further staff recruitment is taking place on a phased basis.
  • New Licencing Regime: The Bill will introduce a new licensing regime with three licence types being available.  The types of licences that will be available to retail and online operators will be:
    • Business to Consumer Licences;
    • Business to Business Licences; and
    • Charitable / Philanthropic Licences.
  • Player protection, advertising and inducements: A significant focus of the Bill has been the protection of minors and vulnerable individuals.  As noted by the Minister of State, at its core the Irish government see the bill as a public health measure with many of the measures introduced in the Bill aimed at player protection and protection of the vulnerable.  In this regard, a number of restrictions have been introduced to combat problematic gambling:
    • A prohibition on gambling advertising between the hours of 5.30 a.m. and 9.00 p.m. will apply to advertisements on tv or on an “audiovisual on-demand media service”, or an “on-demand sound services”;
    • A general prohibition on advertising which portrays gambling as attractive to children;
    • The Bill provides that advertisements on “audiovisual on-demand media services”, “on-demand sound services”, “social media services” and “video-sharing platform services” will not be permitted unless the intended recipient has an account with the platform;
    • The GRAI will also have the power to implement regulations prohibiting the inclusion of certain matters in advertisements, prescribing the times, places and events at which advertisements may be shown as well as limiting the frequency and duration of advertisements;
    • Targeted inducements (i.e. those aimed at a person or a specific group of people) are prohibited.  Examples of targeted inducements would include those aimed at individuals on the basis of gender, age, ethnicity or at supporters of a specific sports team; and
    • The Bill prohibits a licensee from accepting credit cards for gambling purposes.
  • Self-Exclusion Register: The Bill provides for the creation of a National Self Exclusion Register.  It will be a requirement for online operators to not accept bets from customers who have opted to self-exclude.
  • Social Impact Fund: A Social Impact Fund will be created to fund research, and initiatives aimed at reducing or eliminating problematic gambling.
  • Targeting of Black Market Operators: The Bill contains a suite of measures to address illegal or criminal gambling activity and includes explicit prohibitions on illegal activity or practices, some of which could result in significant custodial sentences.

In terms of next steps, the Bill is expected to be signed into law by the President in the coming weeks.  However, the Bill is subject to a commencement order which means it remains unclear as to when the new regime will formally take effect.  Transitional provisions have been included which provide that existing licences will remain in force until expiry and any current applications which are submitted prior to the enactment of the Bill and the revocation of the current gambling laws will also remain valid. 

In the coming weeks we will publish further information on the specifics of the Bill and what it means for those operating in the gambling sector.  If you have any questions on the Bill, please contact Alan Heuston or any member of our Betting and Gaming Group.

This document has been prepared by McCann FitzGerald LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.