In reflecting on the forthcoming gambling legislation, Tony O’Reilly acknowledges the pivotal role it could have played in his life, having been allowed to continue wagering vast sums. He underscores the lack of money laundering controls, recounting the lack of scrutiny placed on weekly lodgements of tens of thousands. Such action, had it been taken earlier, might have prevented the severity of his situation, O’Reilly pointed out.
In 2012, O’Reilly, an ex-post office manager, was given a prison term of four years with one suspended, having purloined €1.75 million from An Post to fuel a decade-long gambling addiction.
The Gambling Regulation Bill, under Minister of State for Law Reform James Browne and first aired in 2022, is nearing its third stage of five in the Seanad after passing the second stage last month. The next steps entail section-by-section scrutiny for possible amendments.
The Bill primarily advocates for the inception of the Gambling Regulatory Authority of Ireland (GRAI) and a social impact fund, both financed by the industry. In addition, it introduces restrictions on advertising and a self-exclusion register.
The Department of Justice spokesperson indicated that Browne anticipates the Bill becoming law in the near future. Asked if this legislation was overdue, O’Reilly responds with a laugh, “You could indeed say that.”
Despite promises dating back to 2011, gambling legislation has yet to materialise, raising concerns among frontline workers that it could be diluted due to intense lobbying. Previous experiences have also left doubts about whether it will cross the finish line.
“A complex undertaking”, as O’Reilly describes it, “but one that’s been long overdue and we need it expeditiously.”
According to the Economic and Social Research Institute (ESRI), over 130,000 Irish individuals suffer from or are at risk of gambling addiction, a disease in the early stages of recognition.
Behavioural research conducted by ESRI and experts specialising in addiction suggests that current figures regarding gambling likely underestimate the severity of the issue. O’Reilly, a specialist in dealing with gambling addictions, asserts that it’s the damaging impact on personal relationships and familial dynamics, as much as the financial implications, that’s concerning.
In his capacity as a counsellor, O’Reilly runs workshops primarily aimed at school-age children. Disturbingly, these events have revealed that youngsters as young as 15 are participating in gambling activities, a statistic which has seen a rise during the period of the pandemic. He attributes this shift to a lack of robust age verification.
O’Reilly further emphasizes that older age brackets are not immune to the deleterious effects of gambling. In extreme instances, secretive gamblers are known to employ funds designated for important family expenses such as mortgage payments or essential household bills. Even those regarded as ‘moderate gamblers’ oftentimes find themselves caught up in full-day gambling sessions during weekends, or disburse funds allocated for leisure or holiday purposes.
“Often, those afflicted with gambling problems do not come to comprehend the scale of the harm they are inflicting on their surroundings until they hit a dead end,” he explains.
Although impending legislation is commendable, O’Reilly doesn’t hide his reservations, stating that previous false starts have made him wary until the law is fully implemented.
The proposed regulations have caused a ‘barrage’ of lobbying from key industry players, including powerhouses such as Flutter Entertainment (owners of Paddy Power), Horse Racing Ireland and BoyleSports. Since 2022, Flutter Entertainment alone has reached out to numerous politicians and high ranking governmental officials to garner support for the Gambling Regulation Bill and to seek insight into certain aspects of the bill.
The company has also lobbied key department heads within the Department of Justice, the Taoiseach, and the Department of Finance as indicated in the Lobbying Register. BoyleSports has corresponded with over 50 official representatives seeking ‘clarity and understanding’ on the proposed legislation. The level of secrecy in which gambling addiction often operates only compounds the issue.
Horse Racing Ireland (HRI) has urged both Browne and Deputy Prime Minister Micheál Martin to become more aware of the potential consequences of the Gambling Control Bill. According to a spokesperson for HRI, the strict nature of the proposed advertising ban for broadcasts could disproportionately affect the racing and breeding sectors. They warned that any reduction in television exposure due to the ban could cause significant harm to the Irish horse racing and breeding industry. They stress that these sectors contribute nearly €2.5bn to the Irish economy annually.
Those opposing the bill include charities who depend on fundraising and fear that the restrictions on advertising could adversely impact their ability to gather donations. Browne has suggested that exemptions may be considered for such organisations.
The Department of Justice representative noted that the bill is the result of substantial consultation with stakeholders and a commitment to crafting legislation with the public’s safety and wellbeing as the central focus.
Colin O’Gara, the head of addiction services at Saint John of God Hospital in Dublin, voiced concerns over the pressure not to pass legislation. He suspects that industry bodies may prefer to maintain current conditions and avoid new regulations.
O’Gara acknowledges that Browne has resisted intense lobbying and remains steadfast on significant areas. Nonetheless, he is concerned that the extent of lobbying could dilute the bill considerably.
He also points out the transformation of the gambling scene, due to technological advancements, like smartphones, and the rise of online gambling. He notes a widening gap between the ensuing harm and the availability of appropriate care, stating that a substantial social fund for adequate services to help those struggling with gambling addiction is absolutely required.
He concludes that if significant profits continue to be derived from the industry while services remain deficient or nonexistent, it poses a significant social justice problem. He highlights the importance of the pre-watershed ban as a key part of the proposed legislation.
He expresses his concern about the negative impacts resulting from children and adolescents being constantly exposed to sports gambling advertisements, a practise he wholly condemns. He has personally witnessed the consequences in his clinics and continues to do so. He advocates for a total ban on such advertisements, underlining the urgency of the matter.
Thinking back, he assumed regulatory legislation would be in place each year following 2012. However, he admits he was indeed overly optimistic in expecting such a prompt response.