Ireland’s Proposed Gambling Regulation Bill Overcomes Incentives Amendment

Dáil Éireann hosted a heated debate on the proposed Gambling Regulation Bill's incentives amendment. (Image: deadlyphoto.com / Alamy)

The Irish government is facing criticism over recent changes it has made to the language of the proposed Gambling Regulation Bill so as to allow iGaming operators, which typically offer online casino games such as slots, poker, blackjack, roulette, and sports betting, to continue offering special bonuses and free bets.

Intended to update the antiquated statutes currently governing the nation’s growing gambling market, the Gambling Regulation Bill was first introduced in December of 2022 and has since been making its way through the lawmaking process. A draft of the proposed legislation was ratified by Ireland’s 160-seat lower house, the Dáil Éireann, in May ahead of being sent for debate before the 60-member Senate. 

Controversial Complement 

During debate on the Gambling Regulation Bill in the Dáil Éireann, the government of Irish Prime Minister Simon Harris added an amendment that would allow iGaming operators to carry on offering ‘inducements’ such as special bonuses and free bets. This sparked outrage among many Senators as the earlier version of the planned legislation would have instituted an outright ban on such incentives. 

In defending this amendment, the country’s Justice Minister, James Browne, declared it would be ‘impossible’ to prohibit all forms of inducements so the legislation must be able to cover ‘many complex issues in a flexible, modern and principled manner’. As currently written, the Gambling Regulation Bill is to allow iGaming firms to offer special bonuses and free bets so long as such incentives are not targeted at specific groups or individuals. 

“We had a good look at this and the original way we drafted it was complex,” Browne told Senators during a debate last week. 

“There was a lot of confusion about the definition of an inducement or promotion. We therefore reverse engineered it and went for a simple solution. If you are offering a promotion or inducement, it has to be available to absolutely everyone. added Browne.

"Individuals cannot be targeted based on data held about them, on gender or on the sports club they support. They cannot be targeted in any shape or form. Inducements must be available to everyone.” 

Opposing Operation  

However, numerous legislators were not impressed and have called on the government to reinstate the Gambling Regulation Bill’s total ban on inducements. One of these, independent Senator Lynn Roane, even went so far as to join with others to float an amendment of their own seeking to reinstate the ‘original wording’ of the longed-for prohibition.

Senator Lynn Roane calls for the reinstatement of a total ban on gambling inducements. (Image: Courtesy of lynnruane.ie)

In helping to introduce this amendment, Roane accused the government of ‘bending the knee’ to special interests as sections of the Gambling Regulation Bill are currently ‘unbalanced’ with regards to the safeguarding of players. The Tallaght-born legislator additionally insisted incentives ‘bring people back into gambling’ and urged Browne to place more of the onus for responsible gambling on operators rather than punters.  

“These types of inducements are also an entry point into gambling for young people,” Roane said. “There are clear examples of inducements being banned in different contexts. The national lottery is not allowed to provide tickets for free or at a reduced rate, alcohol retailers are prevented from operating happy hours or loyalty card programs and retailers are legally prevented from supplying voucher coupons for tobacco products.” 

Interesting Inquiry 

Fellow Senator Mark Wall followed suit by asking Browne why the government was seeking to reinstate inducements in a nation where an estimated 130,000 people are thought to have some form of gambling addiction. The Labour Party stalwart subsequently described special bonuses and free bets as ‘one of the biggest issues’ facing problem gamblers. 

“For the life of me, I cannot understand why these have been reintroduced,” Wall said. 

“This is a public health issue and a very serious one. As my colleague has rightly said, and as has been said to me by many of those on the front line or the coalface of dealing with gambling addiction, we do not offer free cigarettes to punters, or do we?” added Wall.

Senator Michael McDowell joined in the criticism of the government’s shift on inducements and called the alteration ‘shameful and indefensible’. The former Fianna Fáil politician alleged the change had been ‘designed to increase gambling’ and wondered why it was necessary ‘to state as a matter of law in this land that it is lawful to offer people inducements to gamble’. 

“It is disgraceful that this section is in the form it is in,” McDowell said. “There is no defence for this section and I completely support the amendments being made to it. I regard it as a matter of complete shame that this section is being enshrined in Irish law.” 

Determined Defence 

In response, Browne accused McDowell, who served as Ireland’s Justice Minister between 2002 and 2005, of trying ‘to relitigate your own failings to regulate the gambling industry when you were in a position to do so on several occasions’. The 48-year-old then went on to state a total ban on inducements had not been recommended by a pre-legislative joint committee so he could not ‘support the complete ban of all promotions in the gambling industry’. 

“The only person who should be ashamed here this evening is Senator McDowell,” Browne said. “He has made outrageous allegations against my good name, the officials in the Department of Justice and the government, effectively accusing people of being bought and paid for with no evidence whatsoever. It is a shameful thing to come in here and make an accusation with zero evidence.” 

Tentative Timeline 

In the end, the Roane-backed amendment to the Gambling Regulation Bill to reinstate the proposed ban on inducements went down by a 17-to-five vote although critics have vowed to continue their fight against the provision of special bonuses and free bets. The legislation complete with its incentive-friendly amendment is now in the final stages of its journey and could become the law of the land from as soon as next month.