Written answer
Gambling Sector
Under the current 1956 Act, lotteries with prizes above €360,000 are prohibited, and suspected breaches are for An Garda Síochána to investigate. The phased Gambling Regulation Act will require operators targeting Ireland—including those based abroad—to hold a GRAI licence, with powers to stop unlicensed activity and block related internet or bank services.
371. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration If he has received reports regarding the enforcement of legislation in respect of commercial online lottery and competition companies offering substantial prizes for private profit; whether his Department has identified any legislative gaps that allow such operators to circumvent restrictions intended to protect the integrity of licensed lotteries and charitable fundraising; the provisions and anticipated commencement dates of the Gambling Regulation Act 2024 that will apply to these activities; whether additional enforcement measures are planned; and if he will make a statement on the matter. [75152/26]
Comment on this
372. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether online lottery and competition operators that are registered or headquartered outside of the State, but advertise, sell entries to, or otherwise target customers in the State, are subject to the provisions of the Gaming and Lotteries Acts; whether the inclusion of free entry routes or skill-based questions exempts such operators from the requirements of Irish legislation; the enforcement arrangements exist to address suspected breaches by operators based outside the jurisdiction; and if he will make a statement on the matter. [75151/26]
Comment on this
373. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if his Department is aware of any investigations undertaken since 2023 into suspected breaches of the gaming and lotteries Acts by online lottery, prize draw and competition operators or of any prosecutions initiated or convictions secured; if he has received any reports relating to commercial operators offering houses, vehicles, cash and other prizes exceeding the statutory limits applicable to lottery permits; the measures being taken to ensure compliance with existing legislation; and if he will make a statement on the matter. [75150/26]
Comment on this
I propose to take Questions Nos. 371, 372 and 373 together.
Lotteries and raffles are currently licensed under the Gaming and Lotteries Act 1956, as amended, with permits issued by An Garda Síochána and the licences by the District Court. A lottery with a prize value in excess of €360,000 is not permitted under the current legislation. Therefore, any alleged or suspected breach of the provisions of the 1956 Act is currently a matter for An Garda Síochána to investigate, and, if necessary, to prosecute those in breach of the current legislation.
The regulation of the gambling sector, including certain lotteries, is being overhauled through the phased commencement of the Gambling Regulation Act 2024 (the ‘2024 Act’). The Act establishes an independent agency to regulate the gambling sector, the Gambling Regulatory Authority of Ireland (GRAI), and ensures that the GRAI can respond appropriately to ongoing and future developments in the gambling sector. The provisions relating to the various gambling sectors are being commenced on a phased basis to enable the development of the necessary regulatory, licensing and compliance framework, including guidance and codes of practice where appropriate.
The 2024 Act, once the relevant provisions are commenced, will repeal the 1956 Act. The 2024 Act provides for a licence to allow once-off lotteries (to be operated once every 12 months) with prizes of up to €360,000 for both commercial and charitable/philanthropic purposes.
Under section 87 of the 2024 Act, online competitions may be licensed as a lottery, where participation requires payment and the completion of a task such as selecting numbers, similar to bingo or a traditional lottery. Such competitions may also be licensed under section 86 of the 2024 Act as a gaming activity where a person is required to make some form of payment and complete a task with some element of skill in order to participate and win a prize. The Act provides the GRAI with the discretion as to how to categorise gambling activities, depending on the characteristics of the activity in question, for the purposes of licensing and regulation.
The Act provides the GRAI with a suite of enforcement measures to address breaches of the Act, including applying to court for an order directing the cessation of the prohibited gambling activity and/or other orders including blocking the internet service provider and blocking bank transactions. Under the Act, anyone offering a gambling service in Ireland will be obliged to hold a GRAI licence, irrespective of where they are registered. A person, including a company, who provides a gambling activity without a licence in this jurisdiction will be guilty of an offence and is liable, on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months, or both; or, on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years, or both.