Gambling Control Bill 2013

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Mon, Jul 15, 2013, 11:43 Updated: Mon, Jul 15, 2013, 12:16. A fund to help treatment for problem gamblers is also contained in the general scheme of the Gambling Control Bill, which has been. The Gambling Control Bill, first published in 2013, is currently being amended to incorporate a series of recommendations by an inter-departmental working group published in March this year. At the time, Stanton committed to adopting these recommendations, including the establishment of a regulatory authority for the industry, as well as an.

  1. Gambling Control Bill 2013 Series
  2. Gambling Control Bill 2013 Ireland
  3. Gambling Control Bill 2013 Star
  4. Gambling Control Bill 2013 Worth

Minister for Justice and Equality, Alan Shatter TD, announced on 15 July 2013 that the Government had approved the General Scheme of the Gambling Control Bill 2013 which concerns the licensing and regulation of gambling in Ireland. The Scheme has been published and will form the basis of a Bill. Drafting of the actual Bill is to begin right away and it is likely that it will be published in 2014.

If the Gambling Control Bill becomes law, Ireland's existing and outdated legislation for gaming and betting will be replaced with legislation that takes into account the numerous and significant developments in the industry since the current laws were enacted in 1931 and 1956.

Principal Aspects of the Scheme

  1. The Scheme defines “gambling” as meaning 'gaming; betting; participating in a lottery; participating in a bingo; and amusements'; “gaming” as meaning “playing for a stake a game of chance for a monetary prize or other form of reward, and includes the playing of games available in casinos; and 'remote gambling” as meaning “gambling in which persons participate by the use of remote communication”. “Remote communication” means “communication using the internet, telephone, television, radio or any other kind of electronic or other technology for facilitating communication”.
  2. The Government plans a unified national regulatory system for gambling and gaming in Ireland.
  3. A new licensing system will be introduced covering land-based betting and gaming, as before, but it will also extend to casinos and remote gambling.
  4. A new body called the “Office for Gambling Control, Ireland” (OGCI) will be established. It will issue all new licences and carry out compliance and enforcement activities. The Minister’s executive regulatory functions will be discharged by the OGCI, whilst the Minister will retain responsibility for general policy.
  5. The OGCI will be situated within the Department of Justice and Equality. Applications will be able to be made for a number of different types of licences including betting and gaming licences, remote and land-based licences. The OGCI will be financed, at least in part, by fees from licence applicants and holders.
  6. There will be a Social Gambling Fund; created by a levy on operators based on a percentage of their turnover.
  7. Fixed Odds Betting Terminals (FOBTs) are explicitly prohibited.
  8. Significantly, the Scheme indicates an intention to remove the prohibition on the enforceability of bets in court: in the future gambling contracts will be enforceable. All operators will welcome this proposal, as there are difficulties in dealing with legal disputes involving these contracts.
  9. Operators will pay close attention when details of the proposed financial viability tests emerge, as the Scheme anticipates licence holders complying with financial viability tests aimed at ensuring that they have adequate reserves to meet players’ winnings. It also flags that certain licence holders may have to lodge a sum in an Irish bank as security; this security may be used for any fines or financial penalties are imposed on the licence holder.
  10. The Scheme includes plans for measures to protect vulnerable persons such as age restrictions, staff training, self exclusion, and controls on advertising, promotions and sponsorship.
  11. The Scheme proposes major changes in relation to bingo and, in particular, separates bingo from lotteries. Under the existing law, bingo is a lottery.
  12. The Scheme provides that no more than forty casino licences may be in operation at any one time in Ireland. It is reported that there are currently thirty-four private members clubs registered under the present anti-money laundering legislation.
  13. The Scheme does not deal with taxation. This is dealt with in Section 49 of the Finance Act 2012, which makes arrangements for the extension of the current betting levy to online bets. That section is not yet in force.

When will the Scheme become Law?

Regulation of gambling is a complex area and it is expected that it will take some months to draft a bill from the contents of the Scheme. While there is no official consultation process, parties are welcome to submit comments on the Scheme to the Department of Justice and Equality. Accordingly, it is unlikely that any change in law in Ireland will take place during 2013 or early 2014. We would be happy to assist operators to prepare submissions to the Department, or to provide guidance where they need a more in-depth understanding the plans contained in the Scheme.

Conclusion

Most interested parties in Ireland have long been in agreement that the current principal gambling laws (which date back to 1931 and 1956) do not adequately address the challenges or opportunities presented by gambling in our time, particularly in terms of technology. We welcome the Gambling Control Bill as it will introduce significant reform through the establishment of a regulatory and licensing regime, but will continue to review and monitor the detail of the proposals as they evolve. We will continue to keep you updated of any major developments. Please contact us if there is a specific area that you would like us to deal with. The full text of the Scheme is available here: http://www.justice.ie/en/JELR/Pages/PB13000296

In 2013, the Irish Gambling Control Bill 2013 was introduced as a Private Members’ Bill by the Fianna Fáil, the largest opposition faction to the current regime. This Irish gaming law is still hung up in Parliament and has yet to reach the second debate stage, and the language included will need revision before advancing.

Gambling Control Bill 2013 Series

The bill’s intention is to outline what the language of the eventual regulating bill must include. Because the structure of the 2013 control bill follows the advised protocols outlined in previously drafted planning documents, it is expected to receive favorable reviews from Parliament members. Still, there are amendments to the language that will need to be debated.

Implications Of The Irish Gambling Control Bill 2013

Gambling control bill 2013 ireland

The bill establishes a new arm of the Irish government to regulate gaming called the Office of Gambling Control Ireland (OGCI). The entity will exist within the Department of Justice and will create and enforce relevant gaming regulations.

Bill

If the Irish Gambling Control Bill 2013 is implemented, it will cause the repeal of:

  • The Betting Act 1931
  • The Gaming and Lotteries Act 1956

The new bill will combine all previously regulated industries under one gambling management entity. The bill outlines guidelines for fair play in the gambling industry, minimizing risk to problem gamblers and providing support, and shining a light on criminal gaming enterprises.

Typically, gaming legislation includes an outline detailing how the government will draw tax revenue from legal gambling proceeds, but the Irish Gambling Control Bill 2013 does not serve this purpose. Additional legislation will need to be created and enacted to govern gaming revenue administration.

The bill allows for the creation of lottery games, but additional legislation will also need to be written to establish the amount that will be given to charity, and which charitable entities will benefit from the proceeds. The legislation will set aside funds to pay for the administration of social services aimed at promoting responsible legal gambling in Ireland. Bingo will be declared legal by this bill and will be given the green light for commercial operation.

What The 2013 Bill Will Regulate

Gambling industries controlled by the OGCI under the 2013 bill include:

  • Gaming
  • Betting
  • Lottery
  • Bingo
  • Slot Machines
  • Video Gambling Machines

The OGCI will not regulate the following sectors:

  • Horse Racing
  • Greyhound Racing

These two categories will remain under the control of Horse Racing Ireland and the Irish Greyhound Board, respectively.

All Irish gaming facilities will require a license, and the OGCI has 43 licenses available to apply for. There are several types of licenses available depending on the kind of facility, including gaming, betting, remote, temporary, and personal licenses.

There are currently nearly two dozen private club casinos operating in Ireland, which include poker, table games, slot machines, and fixed odds betting at terminals. The industry employs thousands of people who will be affected if their employer doesn’t receive one of the coveted licenses required by the new legislation.

The bill limits the number of Irish casinos in the country to forty, which includes a maximum of 15 gaming tables and 25 gaming machines at each location. Prohibited by the bill are sports betting terminals and sportsbooks of any kind.

The Future Of Irish Gambling Control Bill 2013

Gambling Control Bill 2013 Ireland

Members of Ireland’s Parliament are not in agreeance that the OGCI should fall under the Department of Justice, with some arguing that it should be an independent entity. Granting the control to the OGCI and placing them within the Department of Justice has met resistance. The bill has been idle for nearly two years, and a consensus is not within sight.

Gambling Control Bill 2013 Star

The country suffers an inordinately high percentage of problem gamers, and those that are addicted to gambling need support and treatment. On the other side of the political coin, legislators may be taking a hands-off approach to the bill because of its controversial nature, allowing for it to idle. With the betting facilities also lobbying the legislation at full tilt, the bill could be hung up for a long time.

Gambling Control Bill 2013 Worth

Irish Gambling Control Bill 2013 will bring Irish gambling laws into close alignment with those of neighboring England, whose annual intake from the gaming industry is in excess of £14 billion per year. It’s passage will deliver much needed regulation and will provide for the installation of consistent fair play practices.