Ireland's controversial Gambling Regulation Bill moves step closer with new amendments to curb bookmaker promotions

Ireland's Gambling Regulation Bill is on the verge of being signed into law after it negotiated the report and final stage in the Seanad on Tuesday, with the legislation set to return to the Dail before being enacted.

The bill, which contains legislation on a daytime gambling advertising watershed that threatens the viability of Racing TV's operations in Ireland, completed all five stages in the Dail (lower house) this year and has passed through the final legislative steps in the Seanad (upper house).

Last week, it was revealed that Sky Sports Racing has made provisions for the incoming measures by introducing a separate feed for Irish viewers with a tailored advertisement offering.

However, Racing TV, who through its parent company Racecourse Media Group (RMG) holds the rights to show pictures from all 26 of Ireland's racecourses until 2029, has stated on several occasions that the ban would render broadcasting in Ireland "economically unviable".

The bill had been in the committee stage in the Seanad since May 14 before completing that step on Thursday and has been moving quickly since amid reports that a general election could be held before the end of the year.

One of the main features of the Seanad debates was a call to introduce a blanket ban on inducements offered by bookmakers. James Browne, the minister of state at the Department of Justice, responded by introducing amendments which grant the newly formed Gambling Regulatory Authority significant powers to regulate the offering of inducements or promotions, particularly those which are targeted at specific customers.

James Browne: minister has introduced significant amendments to gambling bill

Browne said: "I consulted with the office of the attorney general in respect of these provisions and was advised that the section as originally drafted was somewhat legally ambiguous. It would put the courts in a difficult position as it would struggle to determine what was a permissible but regulated promotion open to everyone and what constituted an inducement that was targeted at a person or a specific group of people, which would be prohibited and prosecutable.

"I was advised to be live to the potential of challenges to the legislation on the grounds that it may constitute a disproportionate interference with property rights and right to earn a livelihood. However, this does not deter me from regulating this sector. The bill is replete with the granting of significant regulation making powers to the authority. This level of regulatory agility is designed to allow the authority to navigate this complex sector, to be in a position to effectively regulate it and respond to various market practices.

"The net effect of the government's amendments is that it shall be a criminal offence for a targeted inducement to a person or a specific group of people.

"Licensees will be restricted to offering promotions in compliance with any regulations made under this section. They may impose conditions, including restrictions on the manner of which an offer may be made to the public, on the type of offers and may prohibit certain offers being made. Failure to comply shall be a criminal offence and subject to prosecution."

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