<\/span><\/h3>\nThis Chapter provides for the statutory functions of the Authority, establishment of the body and for its management\/governance structure; the Authority will be operationally independent but subject to appropriate oversight. Of note is the fact that the Authority will be a competent authority for the purposes of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 in respect of licensees under the Authority\u2019s remit. There are to be seven members of the Authority, including its Chairperson. Appointments to the Authority will be made by the Minister for Justice; the Bill provides for the selection and appointment of the members of the Authority, the Authority\u2019s procedures and its ability to establish committees. The functions of the Authority are provided for at section 14<\/em>.<\/p>\nThe key role of the Authority\u2019s Chief Executive in the day-to-day management of the organisation is provided for, as are details on the appointment of the body\u2019s staff members. The functions of the Chief Executive are provided at section 21<\/em>. The Chief Executive will be accountable for reporting on relevant matters to the Public Accounts Committee and other Oireachtas Committees.<\/p>\nAs well as standard provisions for the Authority to devise strategic plans, to report to the Minister in respect of its activities and accounts, and to undertake research relevant to its functions, there are provisions for the creation by the Authority of codes of practice for licensees. Importantly, the draft Bill also provides for the Authority to review the operation\/ implementation of this legislation and to consider issues of concern which may arise in relation to practices in the gambling industry, which although in accordance with the law or a code of practice, are giving rise (or may give rise) to an increase in compulsive or excessive gambling or are detrimental to the public interest. This is seen as key, particularly due to the complexity and rapidly developing nature of the gambling industry.<\/p>\n
<\/span>National Gambling Exclusion Register<\/span><\/h3>\nThis Chapter provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. This is similar to the GAMSTOP system which operates in the UK and its introduction and operation was a significant recommendation of the Joint Committee on Justice\u2019s pre-legislative scrutiny report on the General Scheme of the Bill. The Register will be software based and remote licensees must comply with the terms of the Register, ensure their IT systems and software are compatible and can interact with the Authority\u2019s systems as a requirement of holding a licence.<\/p>\n
Section 44 – National Exclusion Gambling Register <\/em>provides for the establishment of the National Gambling Exclusion Register and that a person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During this period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any money held by a licensee must be refunded to that person within 7 days of entry on the Register. Furthermore, it shall be an offence not to issue a refund.<\/p>\nSection 45 \u2013 Obligations of licensee in relation to account-holder on National Gambling Exclusion Register <\/em>provides that a licensee may not allow a person on the Register to gamble, accept a payment for gambling from a person on the Register, or communicate with a person on the Register in a manner that would encourage them to gamble or that promotes gambling. Section 45(3) <\/em>provides for an offence where a licensee does any of those activities.<\/p>\nSection 46 – Relevant exclusion period <\/em>provides for exclusion periods and the ability of a person to remove themselves from the Register in writing. Where a person excludes himself\/herself for an indefinite period of time he\/she may, after twelve months from the initial date of exclusion, apply in writing to the Authority to have that exclusionary period changed.<\/p>\nSection 47 \u2013 Removal of entry in respect of account-holder on National Gambling Exclusion Register <\/em>provides for the process to remove a person from the register, while section 48 – Right of self-exclusion by person directly with licensee not affected <\/em>provides that the operation of the register shall not affect any exclusion schemes operated by licensees.<\/p>\nA licensee convicted of an offence under this Part shall be liable on summary conviction of up to 12 months\u2019 imprisonment and to a class A fine or to both, and on conviction on indictment of up to 5 years\u2019 imprisonment and a fine at the discretion of the courts or to both.<\/p>\n
<\/span>Social Impact Fund<\/span><\/h3>\nThis Chapter provides for the establishment and management of a Social Impact Fund by the Authority, as recommended by the report of the Inter-Departmental Working Group on Future Licensing and Regulation of Gambling (March 2019). The Social Impact Fund will be funded by mandatory contributions, calculated annually on each licensee\u2019s turnover. Contributions will not be levied on charitable\/philanthropic licensees.<\/p>\n
Section 50 – Payments out of Social Impact Fund <\/em>provides for the purposes of the Social Impact Fund namely – to finance research and related initiatives to reduce and eliminate compulsive and excessive gambling, to support awareness\u2013raising and educational measures and to support problem gambling treatment activities.<\/p>\nTo ensure oversight of the operation of the Fund, section 50(5) <\/em>provides for the power of the Authority to set conditions on any moneys provided from the Fund. Any person in receipt of money from the Fund that does not comply with conditions set by the Authority shall be guilty of an offence and shall be liable on summary conviction of up to 12 months\u2019 imprisonment or a class A fine or to both, and on conviction on indictment to up to 5 years\u2019 imprisonment or a fine at the discretion of the courts, or to both. Furthermore, section 50(7) <\/em>provides that the Authority may request reports and specific information concerning the use of moneys paid from the Fund.<\/p>\nSection 52 \u2013 Funding of Social Impact Fund <\/em>provides for the obligations on licensees to contribute to the Fund based on the contributions calculated by the Authority having regard to a licensee\u2019s turnover and section 5 \u2013 Obligation to keep account of expenditure of money received from Social Impact Fund <\/em>provides that persons that receive moneys from the Fund must keep proper records and accounts in a specified form and manner.<\/p>\nSection 54 \u2013 Direction of Minister <\/em>provides for the power of the Minister to issue directions to the Authority concerning the management of the Fund.<\/p>\nSection 55 \u2013 Accounts: Social Impact Fund <\/em>requires the Authority to keep proper records and accounts in relation to the Fund, to prepare and submit an annual audit report to both the Minister and Comptroller and Auditor General concerning the operation of the Fund, and a requirement on the Minister to lay those reports and accounts before each House of the Oireachtas.<\/p>\nThis Part sets out criteria for ineligibility to become, and disqualification to act as, a member of a relevant office or as an adjudication officer or as the chief executive and also provides for the removal of a member of a relevant office. It also sets out standard provisions with regard to non-disclosure of confidential information and provides for an offence of providing false or misleading information, documentation or evidence to a relevant office, a member of a relevant office or an adjudication officer.<\/p>\n
Part 3 also provides for the restriction of rights and obligations under the Data Protection Regulation and provides that the Authority may, with the consent of the Minister for Justice, for the purposes of this Act, make regulations relating to personal data. This Part also provides for an amendment to the Freedom of Information Act 2014.<\/p>\n
<\/p>\n
<\/span>Prohibitions: gambling activities and offence of cheating<\/span><\/h3>\nChapter 1 provides for a number of prohibitions in the Bill. Section 65 \u2013 Prohibition on providing betting activity, game or lottery <\/em>provides for a prohibition on providing a gambling activity without a licence or for not operating in accordance with the gambling licence issued. A person found guilty of such an offence shall be liable on conviction to up to 8 years\u2019 imprisonment and a fine at the discretion of the courts, or both.<\/p>\nSection<\/em> 66<\/em> –<\/em> Employees,<\/em> servants<\/em> or<\/em> agents<\/em> of<\/em> licensee<\/em> providing<\/em> relevant <\/em>gambling activity <\/em>clarifies that employees, agents or servants of a licensee may provide activities on behalf of a licensee.<\/p>\nSection 67 – Person advertising relevant gambling activity <\/em>provides that only a licensee or a person who has entered into a written agreement with a licensee may advertise gambling activities in the State, and these obligations are subject to the provisions in relation to advertising of gambling in Part 6.<\/p>\nSection 68 – Prohibition on betting intermediaries acting other than by remote means <\/em>provides for a prohibition on a remote betting intermediary licensee providing in-person betting activities.<\/p>\nSection 69 – Prohibition on sale or supply of gambling product or gambling related service <\/em>prohibits the sale or supply of gambling products or related services without a Business to Business licence or to a person that is not a licensee under this Bill.<\/p>\nSection 70 – Prohibition on purchase of gambling product or gambling related service from unlicensed person <\/em>prohibits the purchase of a gambling product or related service from a person that does not hold a Business to Business licence issued by the Authority. Additionally, this section provides an exemption for persons who enter into binding contracts to purchase gambling products or services prior to this section coming into operation.<\/p>\nSection<\/em> 71<\/em> \u2013<\/em> Gambling<\/em> licensees<\/em> and<\/em> software<\/em> for<\/em> use<\/em> in<\/em> gambling<\/em> allows a licensee to develop and use their own software without a requirement to hold a Business to Business licence, while section 72 – Prohibition on transfer, assignment or encumbrance of gambling licence <\/em>prohibits the transfer of a gambling licence save in accordance with section 105 – Transfer of gambling licence in certain circumstances.<\/em><\/p>\nA person found guilty of an offence for contravening the prohibitions under sections 68, 69 or 70 <\/em>shall be liable on summary conviction to up to 12 months\u2019 imprisonment and a class A fine or to both, and on conviction on indictment to up to 5 years\u2019 imprisonment and a fine at the discretion of the courts, or both.<\/p>\n<\/span>Applications to Court in respect of persons providing gambling activity<\/span><\/h3>\nThis Chapter provides the Authority with robust powers, by way of application for court orders, to address persons providing gambling activities in contravention of Chapter 1, i.e. such persons would be operating without a licence or without an appropriate licence. The various court orders provided for include blocking internet service provision of a prohibited gambling activity, blocking of financial payments to unlicensed providers, blocking the disposal of assets (by such an unlicensed provider) or reducing assets below a certain level, and compelling the surrender of any gambling products used in the provision of a prohibited gambling service.<\/p>\n
This Chapter provides that the Authority may bring summary prosecutions itself. There are detailed provisions regarding jurisdiction in terms of the application of this legislation. This Chapter also provides for a court, where a licensee is convicted of an offence under this Act, having considered the nature of the offence and the circumstances in which it was committed, to order that a gambling licence held by that licensee be suspended or revoked. Where the court orders that a gambling licence be revoked, the court may further order that the licensee be prohibited for a particular period from applying for any new gambling licence or a particular class of licence.<\/p>\n
<\/span>Licensing of Gambling activities<\/span><\/h3>\nPart 5 provides for a modern and streamlined approach to licensing gambling activities in the State and to replace the fragmented regime currently provided for in the Totalisator Act 1929, the Betting Act 1931 and the Gaming and Lottery Act 1956. This updated approach reflects the nature of gambling in the State and addresses gambling online.<\/p>\n
This Chapter provides for preliminary and general matters in relation to the new licensing framework provided for in the Bill.<\/p>\n
Section 81 \u2013 Definitions (Part 5)<\/em>, alongside Schedule 3, provides for the maximum stake and prize limits for each of the activities permitted under a licence, and these amounts may be varied by the Authority by regulations following consultation with the Minister.<\/p>\nSection 82 \u2013 Regulations (Part 5) <\/em>provides for the power of the Authority to vary the maximum prize and stake limits by regulations and to prescribe any additional information it may require as part of the application process for a licence. The Authority may also prescribe a form of consent to the processing of personal data and special categories of personal data.<\/p>\nThis Chapter provides for the new licensing framework and for the establishment of a register of licences by the Authority. The new licensing framework is set out as follows:<\/p>\n
<\/span>Betting licences<\/span><\/h3>\nSection 84 \u2013 Betting licences <\/em>provides for new betting licences to replace the existing bookmaker licences and totalisator licences currently provided under the Totalisator Act 1929 and Betting Act 1931, respectively. These licences will allow licensees to offer bookmaking activities either in-person at a premises or online, pool-betting activities, or remote intermediary betting services. Alongside section 84, section 132 <\/em>provides for the power of the Authority to prohibit betting on certain matters having had regard to public interest and safety following consultation with the Minister and any other relevant Minister.<\/p>\nGaming licences (in-person, remote, and in-person and remote licences) Section 85 \u2013 Gaming licences <\/em>provides for a new gaming licence to replace gaming permits and licences currently provided for under the Gaming and Lotteries Act 1956. Depending on the type of licence or licences held, a licensee may offer gaming activities either in-person at a premises in the State, or online, or a combination of both. The Authority may specify the types of games and activities that may be provided under a gaming licence.<\/p>\nLottery licences (in-person, remote, and in-person and remote licences) Section 86 <\/em>– Lottery licences <\/em>provides for a new lottery licence to replace lottery permits and licences currently provided under the Gaming and Lotteries Act 1956. Depending on the type of licence or licences held, a licensee may offer lottery activities either in-person at a premises in the State, or online, or a combination of both.<\/p>\nSection 87 <\/em>\u2013 Gambling licence for charitable or philanthropic purpose <\/em>provides for a new type of licence that permits gaming, betting and lottery activities for fundraising for charitable or philanthropic purposes.<\/p>\n<\/span>Business to Business gambling licences<\/span><\/h3>\nSection 88 \u2013 Business to Business gambling licences <\/em>provides for a new type of licence which requires that persons who sell or supply gambling products (gambling machines, software and equipment), or who provide related services (repair, maintenance and upgrade of equipment, maintenance and upgrade of software) either in the State, into the State or to a person outside the State, must be licensed to operate by the Authority.<\/p>\nSection<\/em> 89<\/em> \u2013<\/em> Register<\/em> of<\/em> gambling<\/em> licences<\/em> provides for the establishment of a register of gambling licences to be maintained by the Authority and the information to be entered on it.<\/p>\n<\/span>Gambling activities exempt from requirement to hold gambling licence<\/span><\/h3>\nThis Chapter provides for two exemptions from holding a gambling licence. Sections 90 \u2013 Certain lotteries held for charitable or philanthropic purpose not requiring gambling licence <\/em>and section 91 – Certain lotteries held in conjunction with selling or marketing of products not requiring gambling licence <\/em>provide that gambling licences are not required for charitable\/philanthropic purposes where the value of the total prizes do not exceed \u20ac2,000, or for the purpose of marketing or selling a product where the value of the total prizes does not exceed \u20ac5,000 respectively.<\/p>\nThese provisions increase the total value of the prizes that may be offered under similar exemptions in the 1956 Act from:<\/p>\n
\n- \u20ac1,500 to \u20ac2,000 in the case of lotteries for the purpose of charitable\/ philanthropic causes; and<\/li>\n
- \u20ac2,500 to \u20ac5,000 in the case of lotteries for the purpose of marketing or selling a product.<\/li>\n<\/ul>\n
<\/span>Once-off lotteries<\/span><\/h3>\nSections 109 \u2013 Application for lottery licence: once-off lottery <\/em>and 114 \u2013 Application for gambling licence for charitable or philanthropic purpose: once-off activity <\/em>provide for a new type of licence to allow for once off lotteries (to be operated once every 12 months) for prizes of up to \u20ac360,000 in value for both Business to Consumer and charitable\/philanthropic purposes.<\/p>\n<\/span>Applications for gambling licences \u2013 general<\/span><\/h3>\nThis Chapter sets out the information required by the Authority as part of the application process for a licence.<\/p>\n
Section 93 \u2013 Public notice of intention to apply for a gambling licence <\/em>requires an applicant to issue a public notice where they intend to apply for a gambling licence.<\/p>\n