The legal view on Ireland’s Gambling Regulation Bill

The Irish government has approved legislation that will see wide-ranging changes to how gambling companies operate in the Emerald Isle.

The new legislation will see the creation of the Gambling Regulatory Authority for the first time. It will focus on public safety and wellbeing, and cover both land-based and online gambling.

A CEO has already been appointed for the new regulator in the shape of senior civil servant Anne Marie Caulfield, who will serve a four-year term in the role.

The new regulator can issue fines up to €20m (£17.6m). There will also be anti-money laundering and anti-terror financing provisions.

As well as a new regulator, the legislation will introduce various measures to protect consumers and those at risk.

Among these new measures is a blanket ban on gambling advertising on TV and radio between 5:30am and 9pm every day, with the ads required not to be attractive to children.

There are also prohibitions on allowing children into gambling premises and protections to ensure minors do not have access to online or remote gambling.

A ban on all gambling enticements such as hospitality, VIP programmes, free bets and special offers will also come into effect.

Such significant changes will drastically alter the way operators and the wider industry will be able to approach Ireland. In fact, Dublin-headquartered firm Flutter Entertainment had previously pushed back on some of the proposed measures.

However, in a sign of acceptance, chairman Ian Proctor welcomed the new legislation and stated the operator will work constructively with the regulator.

The publication of the bill follows years of work by Minister James Browne, who has overseen the overhaul to regulation in the country.

Browne’s remit came from an order directed by Irish Taoiseach Micheál Martin, when he came to office in June 2020. Martin commissioned the junior minister to impose regulation and legislative change by the time the Taoiseach hands power back to coalition partners at the end of this year.

With Browne’s mission seemingly complete, EGR spoke to a number of key figures about their thoughts on what this landmark bill could mean for the gambling industry in Ireland going forward.

Rob Corbet, partner and head of the gambling practice at Arthur Cox

“The bill has been promised for many years and we are looking forward to its publication to assess its implications in more detail. While Ireland did update its remote bookmaker laws in 2015 to capture remote bookmakers and betting exchanges, and while there were some minor updates to the retail lotteries laws in recent years, the vast majority of online gambling products are effectively unregulated due to the practical obsolescence of the Betting Act 1931 and the Gaming and Lotteries Act 1956.

“The lack of any legally binding laws governing children and vulnerable gamblers has been politically inexcusable for a long time, so credit must go to the government for addressing it now. I suspect the more contentious issues are likely to relate to advertising and sponsorship controls, credit and promotion limits and other player controls, and it will also be interesting to see the extent to which technology providers and intermediaries will be regulated under the new system.

“How the Gambling Regulatory Authority of Ireland adapts to its mandate will also be closely watched as the legislation allows the regulator to set standards and adopt codes which will more specifically address different forms of gambling and emerging harms.”

Alan Heuston, partner at McCann FitzGerald LLP

“After many false dawns, the news that the government has approved the publication of the Gambling Regulation Bill marks a significant milestone in the reform of Ireland’s long-outdated gambling laws. Today will be seen by many as representing the formal commencement of a pathway towards the regulation of gambling in Ireland.

“When announcing the bill, it is interesting to note that Minister Browne specifically noted that the bill takes a responsible approach to balancing the freedom to gamble with the safeguards to protect people from falling prey to addiction.

“Rather than seeking to prohibit gambling and the difficulties that this can present in an increasingly online world, what the government is seeking to do is to ensure that gambling products are only made available in a controlled manner by responsible and well-regulated operators.

“The bill is likely to result in significant additional costs for operators offering gambling services in Ireland as it is likely that there will be increased compliance and operational costs arising from the measures announced in the bill. This may cause further consolidation among independent bookmakers who are already dealing with increased operating costs and falling revenues.”

Joe Kelly, partner at A&L Goodbody LLP

‘’This is a very welcome piece of legislation. Putting into place a state-of-the-art licensing system with built-in protections for the vulnerable has long been viewed as an essential element in modernising the gambling sector in Ireland.

“This reform bill will also deliver a new regulator for the gambling sector, and this is a long overdue measure which is necessary to build confidence and public support for the longer-term viability and sustainability of the sector.’’