�°������ϲʹ�������

Ireland's Department of Justice said it is “hoped” that the long-awaited Gambling Regulation Bill 2022 will progress through the remaining stages and be enacted “in the coming weeks”, but there is still no definitive timeline for its completion.

The bill will introduce a raft of changes intended to modernise the country's gambling law and establish a framework for a range of gambling activities, including online, as well as establish a new independent gambling regulator.

Its completion has been far slower than initially anticipated over the past few years and an upcoming general election, which has no set date, could further delay its completion, according to the latest information. 

How long will it take?

The bill is currently in the committee stage in the Seanad Éireann (Senate), one of the final stages before a bill is signed into law.

A spokesperson for the Bills Office said: “Committee Stage involves detailed consideration of the bill, with separate decisions on each section and each amendment. They will work through the sections sequentially, and decide on amendments as they fall within sections reached.

“There are 342 amendments on the numbered list of amendments and 220 sections to go through,” the Bills Office told Vixio Gambling�°������ϲʹ�������. 

The current discussion in the Senate started on September 26 and ended on amendment 121 in Section 80 and recommenced on October 1, with the latest discussion taking place on October 2.

Within a few weeks, the latest round of amendments should be finalised and a final version of the bill will be voted on. 

Sharon Byrne, the chairperson of the Irish Bookmakers Association (IBA), which has long called for and is very supportive of the Gambling Regulation Bill, said the bill is a “crucial step forward in ensuring the regulatory framework reflects the complexities of today's gambling environment and prioritises consumer safety and safer gambling”.

The IBA is hopeful that the bill will be completed before the next general election, which will take place no later than March 2025.

However, James Browne, the minister of state at the Department of Justice, has warned that if the election occurs before the bill is passed it will have to be finalised by the next parliament. 

What is in the bill?

A spokesperson for the Department of Justice said: “Reform of gambling legislation, licensing and regulation is a priority for the government and this department.

“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 Department of Justice told Vixio Gambling�°������ϲʹ�������.

The bill sets out the framework and legislative basis for the establishment of the Gambling Regulatory Authority of Ireland (GRAI) and for a “regulatory and licensing regime to regulate gambling in-person and online including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps”, according to the Department of Justice.

Bill’s timeline 

The bill was published in December 2022, 66 years after Ireland’s current primary gambling law was introduced.

However, the bill’s progress has been slower than the government expected, despite large support for a regulatory update from lawmakers, operators and public health experts.

On April 4, 2023, Ireland notified the European Commission about the Gambling Regulation Bill 2022, and it anticipated that subject to the completion of the parliamentary process the bill would enter into force at the end of 2023 or the start of early 2024.

Despite the slow progression of the bill, the GRAI has been allocated €9.1m for its first year of operation in 2025, including €4m of ICT capital investment, according to a Department of Justice budget update on October 1.

Browne said: "This funding will enable the speedy introduction of a framework for a robust regulatory and licensing regime for the gambling sector in Ireland."

Key divisive issues 

Since the publication of the bill, several different stakeholders have flagged concerns, however, such as advertising restrictions and funding for sports and charities, which have become a key battleground.

In the last round of debates in April, Sinn Féin deputy Pearse Doherty said the bill is “seriously problematic” for charities and sports organisations.

However, on the other side of the debate, lawmakers such as Mark Wall, the Labour Party sports spokesperson, want more advertising restrictions or even an ad ban, which could further impede the funding sports organisations receive.

An advertising ban has been repeatedly rejected by Browne, as well as the GRAI, and its inclusion in the final bill appears to be unlikely.

Additionally, concerns raised by horseracing and greyhound racing stakeholders primarily surrounding the predicted impact of a watershed gambling advertising ban between 5:30am and 9:00pm, which they say will make the sports economically unviable, have also been rejected by Browne and the GRAI on different occasions.

The reasoning behind backing the ad restrictions is highlighted by the Economic and Social Research Institute's (ESRI) recommendation to introduce strict age verification for online gambling platforms, a watershed ban on TV advertising and restricting sponsorship of events or clubs where children are involved.

The ESRI recommendations came from a report that is part of its research on gambling funded by the Department of Justice and the Implementation Team supporting the establishment of the GRAI.

Other industry concerns 

Byrne is currently hopeful that “much-needed amendments, particularly concerning the updating or removal of the outdated Schedule 2 (maximum relevant payments and winnings for games and lotteries), which has been around for 67 years and is unfit for purpose in a digital industry, will be addressed".

“It's essential that the GRAI is given the flexibility to introduce a schedule that is informed by data and research, ensuring it keeps pace with the rapid evolution of technology within the industry, rather than tying its hands in outdated primary legislation from the outset.

“Failure to incorporate these changes would harm consumers, driving activity toward black-market operators who lack the consumer safeguards that this bill seeks to implement,” Byrne said.

Before the debates, the Electronic Money Association (EMA), the EU trade group representing electronic money issuers (EMIs), warned that the bill’s inclusion of “prohibiting payments by electronic or digital means which uses money loaded from a credit card or from any other source of credit” is “too broad, and will be unworkable in practice”.

Gambling and lottery betting operator Lottoland flagged concerns around “vague and ambiguous definitions”, such as “bet” being simply defined as “pool betting” in the bill.

Last year, Malta also submitted two separate notifications to the European Commission flagging what it considers to be a host of regulatory barriers that may be a “cause for concern” in the Irish bill.