James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 36:

In page 59, lines 28 to 32, to delete all words from and including “(1) Where” in line 28 down to and including line 32 and substitute the following: “(1) Where the Authority has reasonable grounds for believing that a person (in this section referred to as a “relevant person”) is providing a gambling activity in contravention of Chapter 1 or is advertising a gambling activity (in this section referred to as a “prohibited gambling activity”), the Authority may apply to the Court for either or both of the following:

(a) an order directing the relevant person to cease the prohibited gambling activity;”.

Deputies will recall on Committee Stage of the Bill that I signalled my intention to amend and clarify the provisions of the Bill governing advertising gambling activities. This is the first substantive amendment to that effect. Section 74 of the Bill provides the authority with robust powers by way of application for court orders to address persons providing gambling activities in contravention or breach of Chapter 1 of this Part, namely, where a person operates without an appropriate gambling licence.

The various court orders provided for in this section include blocking Internet service provision of a prohibited gambling activity; blocking financial payments to unlicensed operators; blocking the disposal of assets by such an unlicensed operator or reducing assets below a certain level; and compelling the surrender of any gambling products used in the provision of a prohibited gambling service. These provisions are a key element of the authority's regulatory armoury and seek to ensure there is an efficient methodology for addressing activity by unlicensed gambling operators.

As I have previously stated, two of the key objectives of the Bill are to ensure that people are protected when they choose to gamble and that licensees are reassured that they can operate in a properly regulated environment. Both these objectives relate to addressing the issue of unlicensed or black market operators. The section as currently drafted allows the authority to seek a coherent order to block access to gambling activities where they are provided by unlicensed operators. It does not, however, address an unlicensed operator advertising gambling in the State. This matter needs to be addressed to protect people participating in gambling by ensuring they interact with a properly licensed and regulated operator rather than potentially with a black market operator.

The purpose of this group of amendments, Nos. 36 and 38 to 41, inclusive, is to provide that where an unlicensed operator is advertising unlicensed gambling activities, from either inside or outside the State, the authority may seek orders compelling the unlicensed person to stop providing those activities and services or to block any advertising of such activities or services.

As I have already told the House, these amendments are crucial in protecting people from gambling with black market and unlicensed operators and ensuring that people participating in gambling are protected by the new authority.

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