THE Department of Justice has insisted that the policing of lottery advertising does not fall under its remit after the government of Malta suggested that Ireland’s proposed Gambling Regulation Bill is an inconsistent piece of legislation, given lottery products can still be promoted when betting cannot.

In line with European Union directives, countries must notify the European Commission of any proposed legislation or measures which may impose technical standards and specifications regarding the supply of goods and services, with the potential to impact the wider European Union.

Once member states notify the Commission of any proposed measures, a three-month consultation process takes place where the Commission and other member states may submit queries and request clarifications on aspects of a proposed Bill.

With Ireland having notified the Commission of the Gambling Regulation Bill on April 4th of this year, the Maltese government in July requested clarifications from Irish officials regarding a number of elements, flagging the possibility for black-market betting to inadvertently increase as a result of the new legislation.

The Maltese submissions noted: “Given that the Irish National Lottery does not fall within the scope of the Draft Bill, Malta is concerned that such advertising restrictions will not be applied in a consistent and non-discriminatory manner.”

The Irish Field contacted the Department of Justice for comment on Malta’s concerns this week, but it appears the Bill will not be amended on the back of the EU consultation period.

A spokesperson said: “Ireland received a number of requests for clarification from both the European Commission (May) and Malta (July). These requests related to the provisions of the Bill concerning advertising, protecting children, hours when gambling may be provided (operating/opening hours), protections for those participating in gambling (including the ability to set monetary limits), business-to-business licensing, and maximum payment and winning limits.

“Responses to these requests were provided in May and September, respectively.”

While noting that stakeholder engagement, both international and domestic, “is an important aspect of informing and developing new legislation”, the spokesperson said: “The consultation process under the Directive is closed, no further queries have been submitted to the State and the State has not been requested to change the Bill on foot of the consultation process.”

On lotto advertising, the spokesperson said: “The National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform.

“While the National Lottery will not fall under the remit of the Gambling Regulatory Authority of Ireland, the operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is already regulated by its own dedicated regulator.”

In its current format, the Gambling Regulation Bill means a ban on the broadcasting of gambling advertisements or promotion during daylight hours. That is expected to force both Racing TV and Sky Sports Racing off the air in Ireland.

It’s believed there will be no Government action on the Bill this side of Christmas.