IRELAND MARKET FOCUS
advertisements and sponsorship initiatives. • Inducements/promotions : As initially drafted, the Bill provides for a broad prohibition on offering “inducements” to a person to (i) participate in gambling or (ii) to continue to participate in gambling. The term “inducement” is not currently defined. While it certainly seems intended to prohibit ‘free bets’, we expect that its meaning will be subject to intense debate and analysis in the months ahead. For promotions more generally, the GRAI will be able to make regulations which limit or prohibit certain types of promotional activity that directly or indirectly encourage people to gamble. The term “promotional activity” is broadly defined as “an activity which is intended to or is likely to promote relevant gambling activities”. The GRAI: a robust new regulator to be equipped with comprehensive powers Alongside the oversight of licensing gambling services and related activities in Ireland, and issuing relevant regulatory codes and guidance, the GRAI will have a comprehensive mandate and robust powers to ensure that the legislation (and any new regulations and codes of practice established under it) are adhered to. The range of tools at its disposal will include powers to: • suspend or revoke relevant licences • compel internet service providers to block access to an online provider • obtain court orders to close down providers’ operations on a temporary or permanent basis (including the closure of physical premises) • freeze bank accounts or other assets • stop payments to licensees
It will also have powers to impose administrative financial sanctions of up to €20m or 10 percent of turnover (subject to Court approval). That said, as set out in the explanatory memorandum to the Bill, the overall intention of the policy is to encourage compliance rather than to enforce penalties for non-compliance. Notably also, the GRAI will be the competent authority under Irish anti-money laundering legislation. It will also have powers to establish requirements for processing personal data and to hear individual complaints. Conclusion From the foregoing, it is apparent that the Irish government is intent on putting in place a comprehensive (yet flexible) regulatory regime and a regulator which will strive to ensure a well controlled gambling industry. Ireland has long enjoyed a tradition of sports betting and more recently, has embraced gaming in the online sector and in private members clubs offering casino gaming. This legislation and the creation of a new regulator dedicated to supervising, managing and effectively licensing gambling activity, will be welcomed by all compliance-focused businesses. The challenge will lie in ensuring a reasonable and reasoned approach by the GRAI to the exercise of a very considerable array of powers. It is very easy to envisage the burgeoning development of this sector in Ireland, hand in hand with the development of the thriving technology sector. The stewardship of the GRAI and the confidence which a competent and confident regulator can engender, has the potential to make a massive contribution to an industry that has endured years of neglect on Ireland’s law reform agenda.
KATIE O’CONNOR Partner, Betting, Gaming & Licensing
JOE KELLY Partner, Betting, Gaming & Licensing A&L Goodbody For information contact +353 1 649 2429 jkelly@algoodbody.com
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IMGL MAGAZINE | JANUARY 2023
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