Department for Communities Briefing on initial Gambling Code of Practice
Date: Tuesday 19 November 2024
Time: 1:00pm
Location: Committee Room 21, Parliament Buildings
Chairperson: Philip McGuigan MLA
Minutes taken by: Finn McGrath, Chambré
Members Present
· Philip McGuigan MLA
· Robbie Butler MLA
· Danny Donnelly MLA
· Paul Frew MLA
· Justin McNulty MLA
· Maolíosa McHugh MLA
· Brian Kingston MLA
Apologies
· Joanne Bunting MLA
· Paula Bradshaw MLA
· Diane Forsythe MLA
· Nick Mathison MLA
Minutes
1. Welcome
Philip McGuigan MLA welcomed members to the meeting.
2. Minutes of last meeting
Members agreed that the minutes of the last meeting (8 October) were a true and accurate representation of that meeting. This was proposed by Philip McGuigan and seconded by Paul Frew.
3. Matters arising
There were several matters arising from the APG’s last meeting. These were that:
· The secretariat invite those on the observer mailing list to provide us with their feedback on the initial Gambling Code of Practice, before the secretariat prepares a draft consultation submission for member’s consideration.
· The secretariat develop a programme of activity designed to support the APG as it works with others to advocate for measures that can potentially be achieved without legislation in the remainder of this mandate.
4. Briefing from Department for Communities on initial Gambling Code of Practice
Members were then briefed by Ciarán Mee and Carol Reid from the Social Policy Unit of the Department for Communities on the initial Gambling Code of Practice. 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. Carol Reid and Ciarán Mee said that the Department for 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, an observer to the APG, 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.
4. Next Steps
The Chair proposed the following actions:
· The secretariat will closely monitor developments with the introduction of statutory levy on remote gambling levy and look for further opportunities to raise the matter of NI receiving a share of this levy with the UK Government.
· The secretariat will look for further opportunities to press for immediate action on gambling advertising and promotion.
· APG Members Philip McGuigan, Robbie Butler, Danny Donnelly, Paul Frew, and Justin McNulty have tabled a tabled a Private Members’ Motion on ‘Supporting a Public Health Approach to Tackling Gambling-Related Harms’. Members should use their influence on the Business Committee and in their respective parties to have this motion tabled in January.
· Members of the APG request a meeting with the Education Minister in relation to a statutory requirement for the inclusion of education on the dangers of gambling in the curriculum.
· The secretariat will is facilitate a remote meeting on Friday (22 November) with representatives from the Royal College of Psychiatrists, British Psychological Society, Gambling with Lives and Extern to discuss treatment pathways for gambling disorders in NI.
5. AOB
None
6. Next Meeting
The Chair informed the members present that the next meeting date would be in January, when the Chief Executive of the new Gambling Regulatory Authority of Ireland is available to brief the APG.