APG briefed on initial gambling Code of Practice

On Tuesday 19 November, members of the APG were briefed by Ciarán Mee and Carol Reid from the Social Policy Unit of the Department of Communities on the initial gambling Code of Practice. The introduction of the new Code is provided for under the Betting, Gaming, Lotteries and Amusements (Amendment) Act 2022. Carol Reid briefly summarised the main provisions in the new Code, which include a ban on gambling operators accepting credit payments, a ban on ATMs in gambling premises, impose obligations to display age limit notices inside and outside gambling premises, require age verification checks at gambling premises, and mandate that gambling operators provide a customer self-exclusion scheme. The Code is open for consultation until 24 December 2024, with Ciarán Mee telling the APG the aim is to have the Code up and running by next year.

APG Chair Philip McGuigan MLA began by asking why the Department were calling this the “initial” Code. Ciarán Mee answered that the Department were taking a measured approach to introducing new rules under the 2022 Act, with the intention being to update the Code or publish additional Codes in the future to cover more issues. Philip McGuigan then asked how compliance with the Code will be monitored, and whether the Department intends to specify the exact threshold or conditions under which an operator will lose their licence. Ciarán Mee said that breaches of the Code and decisions on licences are a judgement call for regulatory authorities, which are the courts and local councils. The regulators will be able to refer to the Code in response to complaints.

Paul Frew MLA asked whether there will be a centralised approach to self-exclusion schemes. Ciarán Mee answered that the Codes require each gambling operator to have their own self-exclusion scheme.

APG Vice-chair Robbie Butler MLA asked how the Department would ensure that age verification measures are effective. Ms Reid said that the Code recommends that gambling operators follow the ‘Challenge 25’ scheme operated by the Retail Standards of Alcohol Challenge Group (RASG). She also noted that the Code hopes to provide clarity and advise operators on best practice for age verification.

Robbie Butler then raised the issue of gambling marketing that is appealing to young people. Ms Reid and Mr Mee said that the Department of Communities has no remit over advertising, but that they are engaging with the Advertising Standards Authority (ASA), particularly on the issue of targeted advertising. Robbie Butler also asked about large online raffles such as Prize Guy. The Department is also engaging with the ASA on this, and are seeking clarity on whether these companies are compliant with all the requirements of the Gambling Commission. APG Treasurer Danny Donnelly MLA also raised similar concerns about gambling that is being run through social media sites such as Facebook Bingo. Social media is also under the remit of the ASA.

Danny Donnelly then asked how the Department would measure the success of the initial Code. Carol Reid said that an evaluation of the Code will be part of the statutory evaluation of the 2022 Act. She also made the point that Codes are part of “agile legislation,” and that they are effective because they can be updated and added to without the need to pass legislation in the Assembly.

Peter Keogh from Gambling with Lives then brought the focus back to the question of enforcement, raising the fact that the Codes still rely on people reporting breaches to regulators. Philip McGuigan described this as a reactive approach rather than a proactive approach taken by the Department or by local councils. Ciarán Mee responded that under the existing legislation, enforcement is the responsibility of regulatory authorities. Danny Donnelly raised the possibility of test purchasing as a way to check that operators are complying with the Code, however, Ciarán Mee said that test purchasing would need to be specifically provided for in legislation and that it would currently be illegal.

Carol Reid concluded by saying that the consultation is an opportunity to get things into the Code, and asked that responses to the consultation focus on what is possible to achieve in a Code of Conduct.