“Gaming is governed by the Gaming and Lotteries Act, 1956. That relic of social history is utterly unsuited to effectively regulate gaming in a modern, wealthy European state. When it was enacted foreign travel was rare, the first Planning Act had yet to be passed, bingo was called pongo and much of the Oireachtas debates concerned protecting the livelihoods of persons providing gaming at carnivals.

“Now one can travel to the casinos on the French Riviera in the same length of time it takes to travel by train from Dublin to Cork, Ireland has adopted decimal currency and joined the European Union, local authorities can control land use by means of a sophisticated planning and development system and there is a great demand for all types of gambling in the State.”

The committee did not make recommendations on the subject of betting which was outside of its terms of reference. Some may argue that Ireland has already had a number of casinos for many years, but in fact these have been run as private members’ clubs and are not regulated at all. Visitors to the Irish show may have been surprised to find slot machines for sale when in fact the law stated that only a few euros could be staked and won, but many machines were destined for private clubs and back rooms.

As Mr. McGrath pointed out, “Gaming machines can be found in amusement halls throughout the State including areas in which they are not permitted by law. The Committee is aware of one type of gaming machine which accepts €500 notes. The Act of 1956 provides a maximum stake in gaming machines of 6d and a maximum prize of 10 shillings. The Act is not being enforced and that brings the law into disrepute.”

The Act of 1956 provides in Part III for a primitive form of “all or nothing” regulation in which a local authority may permit gaming in amusement halls and funfairs, or may prohibit it entirely. Neither option is satisfactory. The recommendations in this Report provide for a modern, nuanced and effective system of regulation of gaming in accordance with the Principles of Better Regulation, thereby protecting consumers, protecting the vulnerable and keeping criminal and subversive elements from infiltrating the industry.”

Another aspect of the gaming industry that has changed significantly since 1956 is that people can now gamble online.  Ireland understandably wants to regulate for this and to be able to benefit from the revenues that come from it.

“Remote gaming is a multi-national, multi-billion euro financial services industry which has similarities to the major industries that Ireland has attracted by clear, efficient and focussed policies,” said McGrath. “Developments in other jurisdictions have led to this industry to look for a well-governed, business friendly, fully sovereign jurisdiction.”

The Report of the Casino Committee is called Regulating Gaming In Ireland and was commissioned by the Irish Minister For Justice, Equality & Law Reform, Dermot Ahern,

The report makes some 32 recommendations that have significant public policy implications regarding the future architecture of many aspects of gaming and betting in Ireland. Announcing the publication, the Minister said: “I am very anxious that we get things right in relation to our gaming and betting codes. In particular I want to ensure that betting and gaming activities are carried out within a responsible framework that recognises the reality of these activities, but which ensures they are properly managed, particularly as regards problem gamblers.”

The report will require further detailed analysis before Government is asked to make a formal decision on introducing any significant changes to the regulatory regime in the gaming and betting area, however, it is the best indication of the way that Ireland my regulate for gaming in the future.

The informal committee is being established on Cross-Party lines from serving members of the Oireachtas (Parliament) and will be supported by staff from the Department of Justice, Equality & Law Reform. The Minister believes that an informal Cross-Party Committee is the most appropriate place now within which to tease out all the implications of the report and gaming in general.

Concluding, the Minister said: “It is still my intention to proceed with the establishment of the committee and my invitation to the Labour Party to participate on the committee remains open. In the meantime the Minister looks forward to receiving any and all submissions / observations on the report - Regulating Gaming in Ireland and hopes this report will lead to general, well informed discussions with regard to gaming in Ireland.

One such opportunity to discuss the report came when the majority of the Irish Gaming Industry gathered to participate in the Irish Gaming Conference, which provided an unprecedented forum for the industry to get together and discuss the issues currently affecting the industry.

Opened by Michael McGrath, Chairman of the now disbanded Casino Regulation Committee and author of the report ‘Regulating Gaming in Ireland’, the industry utilised the event to provide frank and open discussion on the frustrations at the lack of legislation, a regulatory body and the subsequent limitations imposed on the Irish Gaming Industry in the absence of such statutory instruments.

Having experts from the UK, such as Deputy CEO of the UK Gambling Commission and CEO of GamCare, to share their experiences provide further proof that the Irish industry is suffering as a result of the lack of a comprehensive legal framework in which to operate. In fact, the diverse and often conflicting laws related to different niches of gaming have exasperated many an industry stalwart.

Bookmakers voiced their frustration on the lack of debate in government on fixed odds betting terminals (FOBTs) and the disinformation being peddled by politicians, who have taken moral high ground on false information regarding FOBTs and their unfounded allegations of being a prime contributor to problem gambling.

Arcade operators aired their long standing view that their business is continually being eroded by illegal machine operations who have not licensed their machines /sites as they have to and also the low value of their stake and prize levels. Meanwhile, independent gaming machine and single site operators voiced their concern at the inability of the government to provide a licensing classification for them and to legislate for their long standing industry practices dating back over 50 years and subsequently pigeon-holing their valuable contribution to employment and tax revenues into a legal minefield.

Casinos and private members card clubs are still worried about the fact that the wide scope for interpretation of existing laws leaves them and their substantial investments in clubs, staff and facilities potentially at risk. The fact that a lack of unambiguous law, in what has been historically a professional, self regulated segment of the gaming market, may allow unscrupulous operators give the industry a ‘black eye’ and force legislation, is at least annoying. This is not a desired route for casino owners.

And if the industry were to be regulated, who would the winners be? DKM Economic Consultants have published a report that assesses the economic impact of a regulated Irish casino gaming sector. The report concludes that land-based casinos and the online casino gaming sectors have the potential to create in the region of 13,000 new jobs and deliver annual returns to the Exchequer of EUR 280 million by 2020, if the appropriate regulatory and fiscal structures are put in place. 

The report was commissioned by the Gaming & Leisure Association of Ireland (GLAI) and sponsored by A&L Goodbody Solicitors and Mazars Accountants. Based on EU averages for a regulated land-based casino sector, the DKM report concludes that if regulated, the sector could, over the next 12 years, employ over 3,000 people and generate a total of EUR 50 million per annum in revenue to the Exchequer through gaming and corporation tax, income tax contributions and commercial rates.

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