Ms Caulfield is said to be already working closely with Minister of State at the Justice Department, James Browne TD, and his department in actively recruiting staff for the GRAI and in developing procedures for how the authority will function once it is operational. Te Minister has commented that: “Ms Caulfield’s ongoing preparatory work, in parallel with the passage of the [Bill], will ensure the authority will be ready to hit the ground running once it is formally established.”


It is envisaged that the GRAI will ultimately comprise of seven members, including an appointed Chairperson, with relevant experience across a range of areas, including gambling activities, consumer affairs, gambling addiction, information and communications technology and financial services, including audit and forensic accounting practice.


Rob: I think change is inevitable. Te Gaming and Lotteries (Amendment) Act 2019 amended the 1956 legislation in a modest way to account for online bookmaking and betting intermediation services. However, this Bill represents the culmination of over a decade of governmental initiatives targeted at broader reform. Te recent publication of the British government’s white paper on gambling regulation and the regulation of gambling is also likely to inform developments in Ireland given the number of operators who are established in both jurisdictions.


What are the fundamental principles of establishing any new regulator?


Rob: Ensuring it is adequately funded by government so it has the skills and resources necessary to apply the legislation in the manner intended. Te legislation itself should ensure that the powers of the regulator are in


“The biggest impact on industry is likely to be the changes to the licensing regime, restrictions and


requirements for advertising (specifically regarding on- demand services and the


need for blocking facilities for ads) and restrictions on sponsorship and other


promotional work. Some of the other big changes will be the obligation to make


contributions to the Social Impact Fund and the fact that gambling debts will be


enforceable for the first time.” Rob Corbet


line with Irish constitutional requirements, but the exercise of those powers will also be an issue that attracts Constitutional rules around fair procedures and natural justice.


Micaela: In establishing any new regulator, it is critical that there is clarity on their role, decision making, accountability, transparency and how they engage with the industry they are regulating. As the Gambling Regulatory Authority of Ireland will be the first dedicated gambling regulator in Ireland, for what is a rapidly evolving industry, engagement with all key stakeholders will be particularly important to ensure that the regulatory model provided for in the Bill and implemented by the GRAI is effective and sufficiently flexible to evolve as the industry does so.


What will be the likely impact upon industry?


Micaela: From what we have seen so far, it is clear that the Irish government is intent on putting in place a comprehensive, yet flexible, regulatory regime and a regulator which will safeguard a well-controlled gambling industry. Ireland has a long history and tradition of sports betting and more recently, has embraced gaming in the online sector and in private members clubs offering casino gaming.


Tis Bill itself and the creation of a new regulator dedicated to supervising, managing and effectively licensing gambling activity, will be largely welcomed by all compliance- focused businesses, most of which are already well used to operating in highly regulated jurisdictions and which have developed significant compliance functions.


Overall, there will be greater clarity for operators as Ireland moves to become a 'fully regulated' jurisdiction as regards gambling services – although that clarity is only likely to come when the GRAI is established and develops regulatory codes, which will set out the detail of relevant licence conditions and required player safety measures.


Tat said, there are certain provisions of the Bill that are already drawing particular attention from industry, in particular the areas of advertising and the ability to offer promotions. However, the ability to fully assess the impact of these potential restrictions is limited given much of the detail of what is, and what is not, ultimately allowed will be determined by the GRAI by way of regulations, rather than in the Bill itself.


Rob: Te biggest impact on industry is likely to be the changes to the licensing regime, restrictions and requirements for advertising (specifically regarding on-demand services and the need for blocking facilities for ads) and restrictions on sponsorship and other promotional work. Some of the other big changes will be the obligation to make contributions to the Social Impact Fund and the fact that gambling debts will be enforceable for the first time. Once the regulator is properly established, we are likely to see a greater appetite for investigation of offences and prosecution as there has been confusion up until now about which stakeholder enforces the law (e.g., An Garda Síochána, Department of Justice, Revenue etc.).


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