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Gambling Restrictions upon Arts. 43 and 49 EC Treaty in IRELAND

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Justification

  • National measure
    • Compatibility with EC law, in particular with the principle of proportionality

Irish laws generally do not include statements of the justification for adoption. As such, the justifications included in this chart are those that have appeared in commentaries, doctrine or case-law and may or may not accurately reflect the legislators’ original intent.

Consumer protection

  • Gaming and Lotteries Act 1956
  • National Lottery Act 1986: General prohibition of lotteries: Only one entity, chosen by the Minister of Finance may operate National Lottery. The original justification of this prohibition was paternalistic: to protect the poor from spending what little money they had on a chance to win a large sum.(“the evil of tempting poor people to part with their limited resources in the remote expectation of gaining substantial rewards” Seamus Flynn v. Michale Denieffe, Independent Newspapers plc and Eason and Son Ltd., [1989] IF 722, [1990] ILRM 391. The purpose of the Lottery Act was “to prevent the holding of lotteries under which persons who subscribed money might be cheated.” (Attorney General v. Best’s Stores Ltd. [1970] IR 225. )

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