The Gambling Regulation Authority takes shape as the Gambling Regulation Bill remains a high priority agenda item

With the Irish parliament now in summer recess, it is likely that we will have a few months to wait for the enactment of the Gambling Regulation Bill. With an election on the horizon, potentially as early as Q4 2024, time is getting tight to get the Bill across the line within the lifetime of the current Government. There are, however, a number of promising signals that this important regulatory reform remains a high priority agenda item. In particular, the recent confirmation provided by the responsible Minister for State, James Browne TD, that significant work is underway to establish and operationalise the Gambling Regulatory Authority of Ireland.

Background

As reported in previous bulletins, the Gambling Regulation Bill is a comprehensive reform measure. It will overhaul the regulation of gambling in Ireland, repealing antiquated statutes dating back to 1931 and 1956, and replacing them with a modern licensing and regulatory regime. This will be overseen by a newly established gambling regulator, the Gambling Regulation Authority of Ireland (GRAI) and will have comprehensive powers to supervise compliance and to take appropriate enforcement action where necessary.

Recent progress

The enactment of the Bill originally published in December 2022, had recently picked up pace after a considerable hiatus, passing through the first house of parliament (the Dáil) on 1 May 2024, and moving swiftly to the second house (the Seanad). The Bill was before the Seanad on 14 May and on that occasion, Minister Browne TD confirmed that he intended to bring amendments relating to charitable licences. However, despite an indication by Minister Browne TD that the Bill would be scheduled for debate again the following week, the legislative progression of the Bill has come to a halt. In the background, it seems that work is underway to advance the amendments required to finalise the Bill, with the Irish Times reporting on 1 July 2024[1] that there was a memo before cabinet on these proposed changes.

With the Seanad now in recess, the Bill will not see any further formal progress until late September at the earliest. It seems that extensive work is underway to establish and operationalise the GRAI in parallel with the legislation being finalised, based on a recent response from Minister Browne TD on 10 July to a parliamentary question enquiring as to its status.

In summary, Mr Browne TD indicated as follows:

Structure of the new regulator

In terms of staffing, there are now three Directors in situ alongside the CEO Designate. They have responsibility for Licensing, Corporate Services and ICT respectively and are supported by seven staff, with plans to recruit nine further personnel this year.

Stakeholder engagement

The GRAI is now actively engaging with various stakeholders, including other gambling regulators, industry participants, healthcare professionals, gambling care experts,[2] and other public bodies,[3] including regulatory bodies. According to the Minister, the GRAI plans to continue such engagement once it becomes established on a statutory basis.

Draft Codes of Practice

The development of Codes of Practice envisaged by the Bill is underway (for example, in relation to setting standards for the provision of relevant gambling activities or providing practical guidance to licensees in relation to the application and operation of the legislation). This is expected to include an informal consultation process with key stakeholders in the coming months. The Codes will be published after enactment of the Bill and once approved by the GRAI and under the Bill, licensees may face enforcement action if found to be contravention of these Codes of Practice.

Licensing regime

Substantial work is taking place to establish a licensing regime for the gambling sector, including the publication of a licensing interest survey and engagements with potential licensees to develop a licensing fee structure. A robust licence application process is said to be in development, in consultation with established gambling regulators in other jurisdictions.

Gambling Exclusion Scheme

The GRAI is working toward the establishment of a “Gambling Exclusion Scheme”. Work in this regard has included stakeholder engagement and exploring Gambling Exclusion Schemes in other jurisdictions, including supports for those who may wish to use the Scheme.

What’s next?

While we will have to wait and see how quickly the Bill is progressed after the summer recess, this body of work to get the GRAI up and running would seem to be a significant factor that should drive the enactment of the legislation. It is also worth noting that, to assist in getting the new regulator up and running, there is in place a Programme Board, an Implementation Support Team and a Research Steering Committee. While this demonstrates a seriousness of intent on the part of government in building up the regulator and its structure, it must also prepare for issuing new licences especially given that we are already one year into a two-year licensing cycle for betting licences. These existing licences will expire in June 2025 – a ‘deadline’ which will hopefully provide further impetus to the enactment of these long-planned reforms.

We will continue to keep you updated over the coming months. For further information in relation to the issues raised in this bulletin, please contact Katie O’Connor, Joe Kelly, Denise Daly Byrne or any member of our Betting, Gaming & Licensing team.

Date published: 23 July 2024