The Northern Ireland Department for Communities (“DfC”) is set to introduce a Code of Practice for the gambling industry in 2025. This initiative comes as legislative reform remains out of reach within the current Northern Ireland Assembly mandate (which expires in 2027). The DfC will leverage powers granted under the Betting, Gaming, Lotteries and Amusements Act 2022 to consult on a ‘Code of Practice’ to improve player protections that could be implemented during the Assembly’s mandate.

The consultation will close on 24 December 2024. The first version of the Code of Practice is expected to be released in 2025, with enforcement of its provisions resting with the courts and local councils.

Key Proposals in the Code of Practice

The forthcoming Code of Practice will focus on several critical areas to address gambling-related harms:

• Prohibition on credit card payments: this aligns with wider trends in the UK which aim to prevent consumers from accumulating unsustainable debt due to gambling. England has banned credit card payments for gambling since 14 April 2020 and, more recently, on 23 October 2024 the Gambling Regulation Act was enacted in the Republic of Ireland which also includes a provision that prohibits the use of credit to fund gambling activities.
• Self-exclusion schemes: individual gambling operators will be expected to maintain schemes which would empower players from Northern Ireland to voluntarily restrict their access to gambling facilities.
• Protection against underage gambling: this will ensure stricter rules and enforcement around preventing minors from accessing brick and mortar gambling facilities.
• Enhanced player protection: this will include measures like banning ATMs in gambling venues.  

Concerns around advertising

Advertising is classified as a reserved matter under UK law, which highlights broader challenges in devolved governance where Northern Ireland cannot independently legislate on certain reserved matters. This means that it falls under the jurisdiction of the Department for Culture, Media and Sport (“DCMS”), rather than the Northern Ireland executive powers.

This has sparked frustration among local stakeholders such as the All-Party Group on Reducing Harm Related to Gambling (the “APG”). Whilst the APG welcomed the Code of Practice, it raised concerns around the regulation of gambling advertising, particularly the impact it has on young people. Since the introduction of restrictions on advertising is not within the DfC’s remit, the APG wrote a letter to the DCMS asking the DCMS to take “immediate action” to introduce restrictions on gambling advertising to protect customers in Northern Ireland. The letter states:

“While remote gambling operators licensed by the Gambling Commission can freely advertise in Northern Ireland, as online and broadcast advertising is a reserved matter, our population is afforded no protection by the regulator.”

The DCMS has not yet responded to these calls for action yet, leaving uncertainty over what type of advertising rules will be implemented and when these will be expected to come into force.