Fianna Fail TD James Lawless says regulator will have to adopt 'common-sense approach' to impending Gambling Bill

Fianna Fail TD James Lawless believes the impending Gambling Regulation Bill will not preclude broadcasters from referencing market movers or odds and says the Gambling Regulatory Authority of Ireland (GRAI) will need to adopt a common-sense approach when putting the legislation into practice.

Lawless, whose Kildare North constituency includes Naas and Punchestown racecourses, serves as chair of the Oireachtas Justice Committee and is from the same political party as James Browne, the minister of state in the Department of Justice who is responsible for drafting the new gambling legislation.

The bill, which has been in the report stage in the Dail since July 12 where amendments arising out of the committee stage are being considered, paves the way for the introduction of a watershed that prevents gambling advertising between 5.30am-9pm. Racing TV and Sky Sports Racing have both insisted the ban would render their broadcasting services "economically unviable" in Ireland.

Browne criticised Horse Racing Ireland (HRI) for signing a €47 million media rights deal for the sport last May, saying the contract was negotiated "long after the Dail had set out its intentions” around supporting the advertising ban.

Lawless similarly feels the industry's concerns were conveyed to the government too late in the legislative process given the consequences of the bill had been mooted for some time.

He said: "I'm a supporter of Irish racing and very sympathetic towards the industry. I have listened to their concerns regarding the bill and passed them on to the minister. However, the bill has been in the system now for around three years and a lot of these concerns have only been brought up in the last couple of months. That is a pity as if they had been articulated sooner, there could have been more opportunity for engagement with the industry."

James Lawless: "I'm a supporter of Irish racing and very sympathetic towards the industry"

While Lawless does believe there are some proposals in the works that could soften the blow for the sport, he feels an exemption for subscription-based channels such as Racing TV or Sky Sports Racing would not be feasible.

"I do think there have been some proposals put forward that could be workable and I'm always happy to advance them to the minister," he said. "There has been talk of an exemption for subscription services but the problem with that is once you start to pull the thread then it all starts to unravel. Sky Sports is a subscription service so then Premier League football would be back on the table, while it's a similar situation with other sports such as boxing. It’s a difficult circle to square."

There have been suggestions the bill would prohibit bookmakers' representatives or presenters from referencing odds and market movers, but Lawless is adamant the legislation's primary aim is to restrict direct advertising and he is confident the newly appointed GRAI will employ a common-sense approach when dealing with such ambiguities.

He added: "To my mind, there's no problem with a commentator on a racing channel discussing the market moving in a certain direction or the favourite being supported. I don’t think there is any difficulty with that.

"The industry is constantly looking around corners, wondering whether certain things will be an issue and I understand the concern. There is a regulator appointed and the regulator will have to adopt a common-sense approach as well. I imagine that will involve engagement with the industry.

"The intention of the legislation is to stop flashing ads on the screen of free bets with messages saying 'Sign up now', etc. from bookmakers. It's designed to prevent impressionable viewers, who may be already susceptible to gambling and/or have addiction difficulties, from being exposed to these advertisements."

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