19/5/14
Draft General Scheme
Horse Racing Ireland (Amendment) Bill 2014
Head
1. Interpretation.
2. Amendment of definition in section 2 of the Act of 1994.
3. Increase in summary fine.
4. Membership of HRI.
5. Amendment to general functions of HRI.
6. Committees.
7. Prize money.
8. Corporate Governance.
9. Liability for Thoroughbred Foal Levy.
10. Companies of HRI.
11. Racing Regulatory Body.
12. Racing Regulatory Body, accounts etc.
13.Bookmakers and betting.
14. Sanctions - Rules of Racing.
15.Horse and Greyhound Fund.
[16. Data Sharing.]
17. Amendment of Animal Remedies Act 1993.
18. Repeal.
19. Citation and commencement.
Acts referred to
Animal Remedies Act 1993
Data Protection Acts 1988 and 2003
Horse and Greyhound Racing Act 2001
Horse and Greyhound Racing (Betting Charges
and Levies) Act 1999
Horse Racing Ireland (Membership) Act 2001
Irish Horseracing Industry Act 1994
1993, No. 23
2001, No. 20
1999, No. 24
2001, No. 46
1994, No. 18
A BILL TO AMEND AND EXTEND THE IRISH HORSERACING INDUSTRY
ACT 1994, THE HORSE AND GREYHOUND RACING ACT 2001,THE ANIMAL
REMEDIES ACT 1993 TO PROMOTE GOOD GOVERNANCE AND
ADMINISTRATION OF IRISH HORSERACING AND RELATED MATTERS
Head 1
Interpretation.
1. In this Act“Act of 1994” means the Irish Horseracing Industry Act 1994;
“Act of 1999” means the Horse and Greyhound Racing (Betting Charges and Levies)
Act 1999;
“Act of 2001” means the Horse and Greyhound Racing Act 2001;
“data”, “data subject” and “personal data” have the same meaning as in section 1 of
the Data Protection Acts 1988 and 2003;
“HRI” means Horse Racing Ireland established under section 5 of the Act of 2001;
“Membership Act of 2001” means Horse Racing Ireland (Membership) Act 2001;
“Minister” means the Minister for Agriculture, Food and the Marine;
“Racing Regulatory Body” has the same meaning as in section 2(1) (as amended by
section 2) of the Act of 1994.
Explanatory Note
The purpose of this Head is to provide definitions for the Bill.
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Head 2
Amendment of definition in section 2 of Act of 1994.
2. Section 2 of the Act of 1994 is amended by (a) inserting after “HRI” (as amended by section 7 of the Horse and Greyhound
Racing Act 2001) the following –
“’betting intermediary’ means a person who, in the course of business,
provides facilities that enable persons to make bets with persons other than the
first mentioned person);”,
(b) inserting after “integrity services” the following“‘jockeys and qualified riders’ have the same meaning as in the Rules of
Racing;”,
(c) substituting the definition of “Racing Regulatory Body” for the following“’Racing Regulatory Body’ means –
(a) the Irish Turf Club, in relation to flat racing,
(b) the Irish National Hunt Steeplechase Committee, in relation to
national hunt racing, including point to point steeplechases, or
(c) both, in relation to horseracing generally
and includes any limited company established under the Companies Acts by
such body for the purpose of carrying out their functions in relation to
integrity services;”, and
(d) substituting the definition of “Rules of Racing” for the following“’Rules of Racing’ means, subject to any changes necessary to comply with
this Bill, in relation to (a) flat racing, the Rules of Racing as laid down by the Irish Turf Club,
(b) national hunt racing, the Irish National Hunt Steeplechase Rules as
laid down by the Irish National Hunt Steeplechase Committee, and
(c) point-to-point steeplechases, the Regulations for Point to Point
Steeplechases issued by the Stewards of the Irish National Hunt
Steeplechase Committee;”.
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Explanatory Note
This Head provides for new definitions of “jockeys and qualified riders” and “betting
intermediaries” to be inserted into the Act for the purposes of defining the
membership of the new statutory committees.
It also extends the definition of the Racing Regulatory Body to include limited
companies established by that body and explicitly provides that the definition of
“Rules of Racing” apply to point to point racing.
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Head 3
Increase of summary fine.
3. Section 6 of the Act of 1994 is amended –
(a) in subsection (4) by substituting for paragraph (a) the following:
“(a)
on summary conviction, to a class A fine, or”,
and
(b) by deleting subsection (5).
Explanatory Note
This Head provides for updating fines under the 1994 Act and the deletion of
continuous offences in line with modern legislative practices.
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Head 4
Membership of HRI.
4.(1) The Schedule to the Act of 1994 (as amended by the Membership Act of 2001)
is amended by substituting the following–
“
SCHEDULE
Section 9
Horse Racing Ireland
1. HRI shall be a body corporate with perpetual succession and an official seal and
power to sue and be sued in its corporate name and, to acquire, hold and dispose of
land or an interest in land and to acquire, hold and dispose of any other property.
2. HRI shall consist of a chairman and 12 ordinary members, who shall be appointed
members of HRI by the Minister having regard to creating a balance among the
different interests in the horseracing industry.
3. The chairman may at any time resign his or her office by letter addressed to the
Minister.
4. The Minister may at any time remove the chairman from office.
5. Subject to the provisions of this Schedule, the chairman shall hold office on such
terms and conditions as the Minister may determine.
6. (1) There shall be paid by HRI to the chairman such remuneration and allowances
(if any) for expenses as HRI thinks fit, subject to the approval of the Minister
given with the consent of the Minister for Public Expenditure and Reform.
(2) In determining the remuneration or allowances for expenses to be paid to its
chairman, HRI shall have regard to Government or nationally agreed
guidelines which are for the time being extant or to Government policy
concerning remuneration and conditions of employment which is so extant,
and, in addition to the foregoing, HRI shall comply with any direction
regarding to such remuneration, allowances, terms or conditions which the
Minister may give from time to time to HRI with the consent of the Minister
for Public Expenditure and Reform.
7. (1) Of the members of HRI—
(a) three shall be nominees of the Racing Regulatory Body,
(b) one shall be nominated by authorised racecourses for appointment
thereto by such persons as the Minister considers to be representative
of authorised racecourses,
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(c) one shall be nominated by racehorse breeders for appointment
thereto by such persons as the Minister considers to be representative
of racehorse breeders,
(d) one shall be nominated by racehorse owners for appointment
thereto by such persons as the Minister considers to be representative
of racehorse owners,
(e) one shall be nominated by racehorse trainers for appointment
thereto by such persons as the Minister considers to be representative
of racehorse trainers,
(f) one shall be nominated by jockeys, stable employees and persons
employed in the horseracing industry being the chairman of the
industry services committee,
(g) one shall be nominated by the betting industry being the chairman
of the betting committee,
(h) three shall be chosen by the Minister for their specific skill and
competencies and one of whom, at least, shall be representative of the
horseracing industry in Northern Ireland,
in addition to the aforesaid members a chairman shall be appointed by the
Minister.
(2) Subject to subparagraphs (3) and (4), persons nominated under
subparagraph (1)(a) to (e) shall be elected at a general meeting of, in the case
of a person nominated under subparagraph (1)(a), the Racing Regulatory Body
or, in the case of a person nominated under subparagraph (1)(b) to (e), the
interest concerned, specially convened for that purpose, upon adequate notice
being given of the meeting by the Racing Regulatory Body or the interest
concerned, as the case may be.
(3) In the event of a dispute in respect of any aspect of the method of election
to be carried out under subparagraph (2), the Minister shall decide the method.
(4) The Minister may, as he or she considers appropriate, decide on or
approve alternative arrangements for the election of persons to be nominated
under subparagraph (1)(a) to (e) to that specified in subparagraph (2) where
the need arises.
(5) Where the Racing Regulatory Body or any persons referred to in
subparagraph (1)(b) to (e) fail to make a nomination by such date as the
Minister may require for nominations to be given to him or her under
subparagraph (1)(a) to (e), the Minister may appoint such person, in the
absence of the nomination, as he or she decides.
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(6) Nominations under subparagraph (1)(a) to (e) and appointments under
subparagraphs (1)(f) to (h) shall, in so far as is practicable and having regard
to relevant experience, create an equitable balance between men and women.
8. Subject to the provisions of this Schedule, each ordinary member of HRI shall
hold office on such terms and conditions as the Minister may determine.
9. (1) The term of office of the chairman shall be 5 years.
(2) Subject to the provisions of this paragraph, the term of office of an
ordinary member of HRI shall be 4 years.
(3) A member of HRI shall not serve for more than 2 consecutive terms.
10. (1) If a member of HRI dies, resigns, becomes disqualified or is removed from
office, the Minister may appoint a person to be a member of HRI to fill the
casual vacancy so occasioned and the person so appointed shall be appointed
in the same manner as the member of HRI who occasioned the casual vacancy.
(2) A person appointed to be a member of HRI by virtue of this paragraph
shall hold office for the remainder of the term of office of the member who
occasioned the casual vacancy he or she is appointed to fill and shall be
eligible for re-appointment as a member of HRI.
11. Subject to paragraph 9(3), a member of HRI whose term of office expires by
effluxion of time shall be eligible for re-appointment as a member of HRI.
12. Where a member of HRI, whose term of office has expired, has not been
reappointed or may not be reappointed by virtue of having served 2 consecutive
terms, the member shall continue in office until the vacancy occasioned by him or her
is filled by the appointment of another.
13. The Minister may at any time remove an ordinary member of HRI from office.
14. An ordinary member of HRI may resign his office as a member by letter
addressed to the Minister.
15. A member of HRI shall be disqualified from holding and shall cease to hold
office if he or she is adjudged bankrupt or is sentenced by a court of competent
jurisdiction to a term of imprisonment or penal servitude or commits an offence under
this Act or is disqualified from holding any licence, permit or authorisation granted
under this Act or is the subject of an exclusion notice under section 62.
16. Each ordinary member of HRI shall be paid, out of moneys at the disposal of
HRI, such remuneration (if any) and allowances for expenses incurred by him or her
(if any) as HRI may with the consent of the Minister and the Minister for Public
Expenditure and Reform determine.
17. HRI shall hold such and so many meetings as may be necessary for the due
execution of its functions.
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18. The quorum for a meeting of HRI shall be 7.
19. At a meeting of HRI (a) the chairman shall, if present, be the chairman of the meeting, and
(b) if and so long as the chairman is not present or if the office of chairman is
vacant, the members of HRI who are present shall choose one of their number
to be chairman of the meeting.
20. The chairman and each ordinary member of HRI present at a meeting thereof
shall have a vote.
21. Every question at a meeting of HRI shall be determined by a majority of the
votes of the members present voting on the question and, in the case of an equal
division of votes, the chairman of the meeting shall have a second or casting vote.
22. HRI may act notwithstanding one or more than one vacancy among its members.
23. Subject to the provisions of this Schedule, HRI shall regulate by standing orders
or otherwise the procedure and business of HRI.
24. The seal of HRI shall be authenticated by the signature of the chairman or some
other member thereof authorised by HRI to act in that behalf and the signature of an
officer of HRI authorised by HRI to act in that behalf.
25. Judicial notice shall be taken of the seal of HRI and every document purporting
to be a regulation, directive or other instrument made by HRI and to be sealed with
the seal of HRI shall be received in evidence and be deemed to be such instrument
without proof unless the contrary is shown.”.
(2) On commencement of this section –
(a) two members of HRI representing the Racing Regulatory Body shall cease
to be members and the Minister shall be informed of the names of such
members by the Racing Regulatory Body. If the Racing Regulatory Body
fails to inform the Minister within a week of commencement of this section,
the Minister shall remove two members representing the Racing Regulatory
Body at the Minister’s discretion.
(b) the members of HRI who were nominated by –
(i) authorised bookmakers,
(ii) persons employed in the horseracing industry, and
(iii) persons employed directly in the horseracing industry
shall continue to be members of HRI for 3 months following which the
chairman of the industry services committee and chairman of the betting
committee shall replace such members. If the industry services committee or
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the betting committee fail to elect a chairman within 3 months the Minister
shall appoint a person to HRI to act for such interests until such time as a
chairman is elected.
Explanatory Note
This Head provides for a reduction in the number of ordinary members of HRI from
13 to 12 and changes some of the constituencies from which the ordinary members
represent by proposing to re-enact the Schedule to the 1994 Act.
The Head also explicitly requires HRI to have regard to Government policies and
guidelines in determining the remuneration or allowances paid to its chairman and to
comply with any directions given by the Minister for Agriculture Food and the
Marine with the consent of the Minister for Public Expenditure and Reform, in this
regard.
Furthermore, the Chairmen of the new statutory committees established in subsequent
Heads shall be members of the Board of HRI. This is intended to provide greater
transparency and better communication between the statutory committees and the
Board.
It also updates references to the Minister for Finance to the Minister for Public
Expenditure and Reform.
Subhead (2) provides for the changes required on commencement of the Head. The
Racing Regulatory Body will lose 2 members who will be replaced by Ministerial
nominees. The existing representatives of the betting sector and of the persons
employed in the horseracing industry will continue in place for 3 months to allow
sufficient time to establish the betting committee and industry services committee and
have a chairman elected from both committees.
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Head 5
Amendment of general functions of HRI.
5.(1) Section 10 of the Act of 1994 is amended by substituting the following“10. (1) The general functions of HRI are:
(a) to provide for the overall governance, development and promotion
of the Irish horseracing industry, other than functions assigned to the
Racing Regulatory Body under section 39(1)(as amended by this Bill;.
(b) to provide a single structure for:
(i) the administration, and financial management of all aspects
of Irish horseracing, incorporating Registry Office functions,
including registration of hunter certificates and participants in
point to point steeplechases, with the exception of –
(I) the issuing of hunter certificates,
(II) the acceptance of horseracing entries, and
(III) declarations
for point to point steeplechases;
(ii) the processing of all charges on and payments to
participants in the horseracing industry, including charges
related to licensing, with the exception of payments for –
(I) the issuing of hunter certificates, and
(II) the acceptance of horseracing entries
for point to point steeplechases;
(c) to control by means of directive for the purposes set out in
paragraph (b) the following activities –
(i) naming horses, horse racing passports and
registration, including the registration of hunter
certificates,
(ii) horserace entries and declarations (other than point
to point steeplechases),
(iii) racing calendar publication,
(iv) stakeholding of race entry funds and prize money
for horseraces, and
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(v) registration of racehorse owners including racing
colours;
(d) to manage the development and promotion of the Irish horseracing
industry (including the development of authorised racecourses, the
guaranteeing of prize money and the costs of integrity services at racefixtures);
(e) to control the operations of on course authorised bookmakers;
(f) to allocate race-fixtures and the setting of race-programmes (other
than point to point steeplechases);
(g) to operate racecourses which are owned or leased by companies or
subsidiaries under the control or auspices of HRI;
(h) to promote the Irish thoroughbred horse;
(i) to make grants, loans or other disbursements to authorised
racecourses;
(j) to manage any subsidiary of HRI;
(k) to provide, maintain and operate mobile track equipment,
including starting stalls, photo finish and camera patrol equipment and
any other such equipment agreed from time to time between HRI and
the Racing Regulatory Body and to provide the Racing Regulatory
Body with the photographs, films, sound recordings and other
connected materials or data generated by this equipment as required by
the Racing Regulatory Body for their examination and use in the
enforcement of the Rules of Racing and all such equipment shall be
required to be maintained to a specification agreed with the Racing
Regulatory Body;
(l) to represent Irish horseracing internationally in respect of its
functions;
(m) to negotiate all income from media rights;
(n) to provide financial and other support deemed appropriate to—
(i) maintain and improve the health and welfare status of the
thoroughbred horse, and
(ii) assist educational and other institutions and organisations
in providing improved training and education facilities and
courses for the thoroughbred horse industry to satisfy the
training and educational needs of that industry at all levels;
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(o) to deal with any other functions of the Racing Regulatory Body
which may be transferred to HRI in the future by agreement of both
parties and subject to the consent of the Minister.
(2) HRI shall have all such powers as are necessary for or incidental to the
performance of its functions under this Part and Part IV, including the power
to issue directives setting rules and procedures to achieve its obligations under
subsection (1) (a) and (b).
(3) HRI shall provide information in relation to the activities mentioned in
subsection (1)(b) to the Racing Regulatory Body.”.
(2) Section 10A (as inserted by section 2 of the Act of 1999) and section 8 of the Act
of 2001 are repealed.
Explanatory Note
This Head consolidates and clarifies the general functions of HRI and provides for
streamlining administrative and payment processing functions by –




clearly assigning the responsibility for the governance and administration of
horseracing in the State to HRI
providing powers to HRI to issue directives to achieve its obligations
limiting HRI’s control of bookmakers to on course bookmakers (which
reflects current practice)
providing that HRI may only operate racecourses through subsidiary
companies.
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Head 6
Committees.
6. (1) Section 19 of the Act of 1994 is amended by substituting the following“Race-fixtures committee.
19.(1) The committee (“the race-fixtures committee”) to recommend the fixing
of the annual list of race-fixtures to HRI, other than point to point
steeplechases, continues in being.
(2) The race-fixtures committee, when considering race fixtures for a
racecourse, shall, before recommending the removal of any existing fixture
from that racecourse, consult with the executive of the racecourse concerned
and seek to agree with such executive how such removal may be achieved
having regard to the economic importance of the fixture to that racecourse, in
the context of the best interests of the horseracing industry.
(3) The chairman shall report to HRI on the activities of the race-fixtures
committee.
(4) The race-fixtures committee shall have no more than 5 members and shall
include at least one representative from the Racing Regulatory Body and one
from authorised racecourses with such other members that HRI consider
appropriate.
(5) The chairman shall be appointed by HRI.
(6) The membership of the race-fixtures committee shall be limited to
members of HRI.
(7) A member of the race-fixtures committee who fails to perform his or her
functions may be removed at any time by HRI.
(8) HRI may regulate the procedure of the race-fixtures committee.
(9) There shall be paid out of the income of HRI to members of the racefixtures committee such allowances for expenses incurred by them in the
discharge of their functions as HRI may determine with the consent of the
Minister and the Minister for Public Expenditure and Reform.
(10) The secretariat and the executive functions in serving the work of the
race-fixtures committee shall be provided by HRI.
(11) HRI shall not be bound by any recommendation of the race-fixture
committee and the final decision as to a race-fixture shall be taken by HRI.”.
(2) Section 20 of the Act of 1994 is amended by substituting the following-
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“Industry services committee.
20. (1) HRI shall establish a committee (“industry services committee”) to
focus on the requirements of those employed in the industry and represent the
interests of such workers.
(2) The chairman shall report to HRI on the activities of the committee.
(3) The industry services committee shall have no more than 5 members
including the chairman and members who shall represent the interests of the –
(a) jockeys and qualified riders,
(b) persons employed in the horseracing industry, and
(c) persons employed directly in the horseracing industry.
(4) HRI shall determine the constituencies and method of election of members
of the industry services committee.
(5) The industry services committee shall elect a chairman from among the
committee members.
(6) The term of office of an ordinary member of the industry services
committee shall be 4 years and no member shall serve for more than 2
consecutive terms.
(7) The industry services committee may include persons who are not
members of HRI.
(8) A member of the industry services committee who fails to perform his or
her functions may be removed at any time by HRI.
(9) There shall be paid out of the income of HRI to members of the industry
services committee such allowances for expenses incurred by them in the
discharge of their functions as HRI may determine with the consent of the
Minister and the Minister for Public Expenditure and Reform.
(10) HRI may regulate the procedure of the industry services committee.
(11) The secretariat and the executive functions in serving the work of the
industry services committee shall be provided by HRI.
Betting committee.
20A. (1) HRI shall establish a committee (“betting committee”) to focus on
the requirements of the betting sector generally.
(2) The chairman shall report to HRI on the activities of the committee.
(3) The betting committee shall have no more than 5 members including the
chairman and members shall represent the interests of -
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(a) on course betting operators,
(b) off-course betting operators, and
(c) betting intermediaries
licensed for such activities.
(4) HRI shall determine the constituencies and method of election to members
of the betting committee.
(5) The betting committee shall elect a chairman from among the committee
members.
(6) The term of office of an ordinary member of the betting committee shall be
4 years and no member shall serve more than 2 consecutive terms.
(7) The betting committee may include persons who are not members of HRI.
(8) A member of the betting committee who fails to perform his or her
functions may be removed at any time by HRI.
(9) There shall be paid out of the income of HRI to members of the betting
committee such allowances for expenses incurred by them in the discharge of
their functions as HRI may determine with the consent of the Minister and the
Minister for Public Expenditure and Reform.
(10) HRI may regulate the procedure of the betting committee.
(11) The secretariat and the executive functions in serving the work of the
betting committee shall be provided by HRI.”.
(3) Section 10(2) of the Act of 2001 is amended by substituting the following“(2) The media rights committee shall consist of no more than 5 members
appointed by HRI and may include members who are not members of HRI.”.
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Explanatory Note
This Head provides for the statutory committees.
Subhead (1) provides that
 the Chair of the Race Fixtures Committee ia appointed by HRI,
 the number of ordinary members is reduced from 6 to 5,
 the membership of the committee is confined to members of HRI
Subhead (2) provides for the establishment of an industry services committee to focus
on the requirements of those employed directly in the horseracing industry. It
provides that the members shall elect the chair of the committee who will be a
member of HRI.
The subhead also provides for a betting committee to focus on the requirements of the
betting section on the same basis as the industry services committee. This subhead
also removes the race programme committee
Finally subhead (3) increases the membership of the media rights committee to 5 and
permits non members of HRI to be members of the committee.
This provision brings the number of members on all the statutory committees of HRI
to 5 members.
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Head 7
Prize money
7. Section 26 of the Act of 1994 is amended by substituting the following“26. (1) HRI shall, in respect of each horserace at a race fixture at an
authorised racecourse, approve the amount and form of any prize offered and,
where the prize is in monetary form, make deductions from the prize money in
accordance with HRI directives.
(2) HRI shall not alter a directive referred to in subsection (1) affecting
charitable funds administrated or jointly administered by the Racing
Regulatory Body without the prior agreement of the Body ”.
Explanatory Note
This Head clarifies that HRI may make deductions from monetary prizes in
accordance with HRI directives. Such directives provide for payments to various
associations, jockeys and trainers pension and other welfare funds. The Head further
provides that HRI cannot make changes in the directives governing deductions for
charitable funds administered by the Racing Regulatory Body without the prior
agreement of the Racing Regulatory Body.
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Head 8
Corporate Governance.
8. Section 29 of the Act of 1994 is amended by inserting the following –
“(3) HRI (or any subsidiary of HRI) shall, whenever so requested by the
Minister, furnish to him or her, information in relation to such matters as he or
she may specify concerning or relating to the scope of its activities (including
its compliance with the Code of Practice for the Governance of State Bodies
issued by the Minister for Finance or other such codes or policy documents
that may issue from time to time by a member of the Government) or its
strategy, generally or in respect of any account prepared by HRI or any report
specified in subsection (1) or the policy and activities, other than day to day
activities, of HRI.
(4) The Minister may direct HRI in relation to its compliance with codes or
policy documents issued by a member of the Government.
(5) The Minister may require HRI and the Racing Regulatory Body to agree
procedures to ensure compliance with Government codes of practice,
guidelines and policy documents and provision of financial and other
information in relation to any matter funded by HRI.”.
Explanatory Note
This Head provides 3 new subsections to section 29 of the 1994 Act with the aim of
strengthening governance.
The first subsection provides that in addition to its annual report to the Minister, HRI
will have to provide information to the Minister on request particularly on its
compliance with the Code of Practice for Governance of State Bodies issued by
Department of Finance.
The second subsection provides that in the event that the Minister is not satisfied with
HRI’s compliance (irrespective of the Minister’s ability to withhold funding under
Head 15) the Minister may direct compliance.
The third subsection provides that the Minister may require HRI and the Racing
Regulatory Body to draw up an agreement to account for funding and compliance
with Government policies etc.
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Head 9
Liability for Foal Levy
9. Section 38A.(2) (as inserted by the Act of 1999) of the Act of 1994 is amended by
substituting the following –
“(2) The levy shall be paid by the owner of a thoroughbred foal in advance of
registering the foal in a stud-book in the State.
(2A) A person who maintains a stud-book may refuse to register a foal if the owner or
keeper of the foal is unable to provide proof that the levy has been paid.”.
Explanatory Note
This Head provides that the owner or keeper of a thoroughbred foal must pay the
thoroughbred foal levy in advance of registering the foal in the stud-book and allows
that the registering authority may refuse to register a foal if the levy hasn’t been paid.
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Head 10
Companies of HRI.
10. Section 36 of the Act of 1994 is amended by substituting for subsection (1) the
following:
“(1) HRI may, either by itself or with another person, with the
consent of the Minister and the Minister for Public Expenditure and Reform,
and subject to any conditions of either of those Ministers, establish and take
part in the establishment of a company to perform any of the functions
conferred upon it by this Act.”.
Explanatory Note
This Head permits HRI to establish companies to carry out any of its function and
updates references to the Minister for Finance in the Act.
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Head 11
Racing Regulatory Body.
11.(1) Section 39(1) (as amended by section 7 of the Act of 2001) of the Act of 1994
is amended by substituting the following“(1) The Racing Regulatory Body continues in being and whose general
function shall, for the purposes of this Act, be –
(a) to solely and independently be responsible for the making
(following consultation with HRI) and enforcing of the Rules of
Racing,
(b) to provide adequate on-course integrity services to horseracing by
employing, monitoring and controlling the activities of horseracing
officials including the following(i) inspector of courses,
(ii) clerks of the courses,
(iii) clerks of scales,
(iv) handicappers,
(v) starters,
(vi) judges,
(vii) veterinary officers,
(viii) medical officers, and
(ix) security officers.
(c) to license racecourses under the Rules of Racing and all
participants in racing including all classes of trainers, jockeys, jockeys’
valets, jockeys’ agents and stablestaff subject to the licence fees being
paid by the applicants to HRI,
(d) to set charges for licences, registration of hunter certificates and
participants in point to point steeplechases subject to consultation with
HRI and having regard to the annual budget agreed under section 42,
(e) to make all decisions relating to doping control, forensics and
handicapping in respect of horseracing,
(f) to be responsible for the representation of Irish horseracing
internationally in respect of its function under this Act,
(g) to develop codes of practice and assurance schemes for matters
within its functions under this Act, and
(h) to ensure that the Irish National Hunt Steeplechase Regulations for
Point-to-Point Steeplechase (as made by the Stewards of the Irish
National Hunt Steeplechase Committee) are enforced.”.
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(2) Section 42 (as amended by section 7 of the Act of 2001) is amended by inserting
following subsections“(3) HRI shall account for and pay to the Racing Regulatory Body any funds
received by it –
(a) under section 39(1)(c),
(b) as a result of its registration of hunter certificates or registration of
participants in point to point steeplechases, or
(c) fines under the Rules of Racing
and such amounts shall be taken into account in determining a budget for
integrity services under subsection (1).”.
(3) Section 44 (1) (as amended by section 7 of the Act of 2001) is amended by
substituting the words “shall inform HRI” for the following –
“shall consult with HRI”.
Explanatory Note
This Head is partially consequential on Head 5 and the repeal of section 8 of the 2001
Act. It recasts the role of the Racing Regulatory Body and ensures that the Racing
Regulatory Body consults with HRI in relation to new rules so that issues such as cost
and administrative burdens can be considered in advance.
The Head also provides that funds received and processed by HRI as a result of
administrative streamlining, in relation to licensing, registrations and fines, which are
currently received by the Racing Regulatory Body, must be paid to HRI. However
HRI shall refund the above funds to the Racing Regulatory Body and take them into
account in determining the annual budgetary requirements for the Racing Regulatory
Body.
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Head 12
Racing Regulatory Body, accounts etc.
12. The Act of 1994 is amended by inserting following section 39 the following“39A. (1) The Racing Regulatory Body shall keep all proper and usual
accounts of all moneys received or expended by it including a profit and loss
account, a balance sheet and a cash flow statement in relation to its functions
under this Act.
(2) Accounts kept in pursuance of this section shall be submitted not later than
3 months after the end of the financial year to which they relate by the Racing
Regulatory Body to the Comptroller and Auditor General for audit and,
immediately after the audit, a copy of the income and expenditure account, the
balance sheet and such other (if any) accounts kept pursuant to this section as
the Minister, after consultation with the Minister for Finance, may direct and a
copy of the Comptroller and Auditor General's report on the accounts shall be
presented to the Minister who shall cause copies thereof to be laid before each
House of the Oireachtas.
(3) The chief executive shall, whenever required to do so by the Committee of
Dáil Éireann established under the Standing Orders of Dáil Éireann to examine
and report to Dáil Éireann on the appropriation accounts and reports of the
Comptroller and Auditor General, give evidence to that Committee on (a) the regularity and propriety of the transactions recorded or
required to be recorded in any book or other record of account
subject to audit by the Comptroller and Auditor General which
the Racing Regulatory Body is required by this Act to prepare,
(b) the economy and efficiency of the Racing Regulatory Body
in the use of its resources,
(c) the systems, procedures and practices employed by the
Racing Regulatory Body for the purpose of evaluating the
effectiveness of its operations, and
(d) any matter affecting the Racing Regulatory Body referred to
in a special report of the Comptroller and Auditor General
under section 11(2) of the Comptroller and Auditor General
(Amendment) Act 1993, or in any other report of the
Comptroller and Auditor General (in so far as it relates to a
matter specified in paragraph (a), (b) or (c)) that is laid before
Dáil Éreann.
(4) The Racing Regulatory Body shall, whenever so requested by the Minister,
furnish to him or her information in relation to such matters as he or she may
specify concerning or relating to the scope of its activities under this Act
(including its compliance with such codes or policy documents that may issue
from time to time by a member of the Government) or its strategy, generally or
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in respect of any account prepared by it under subsection (1) or the policy and
activities, other than day to day provision of integrity services .
(5) Subject to subsection (6), the Racing Regulatory Body shall whenever
requested by HRI, furnish information in relation to its functions under section
39 (including such information in relation to its income derived from its
statutory functions in order to assist HRI in determining annual budget
requirements) as is specified in the request.
(6) A request by HRI under subsection (5) shall not compromise the Racing
Regulatory Body’s provision of integrity services.”.
Explanatory Note
This provides that the Racing Regulatory Body shall prepare accounts in respect of its
statutory obligations under the Act and such accounts will be forwarded to the
Comptroller and Auditor General for audit purposes.
The Head further provides that the Chief Executive of the Racing Regulatory Body
shall attend the Public Accounts Committee of Dail Eireann when so requested.
It also provides that the Racing Regulatory Body must provide information to the
Minister on request in relation to its statutory activities including its compliance with
Government codes and policies.
Finally the Head provides that the Racing Regulatory Body must provide information
to HRI with regard to future funding requirements and disposal of funds so that HRI
may comply with its statutory obligations in accounting for funding for the industry.
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Head 13
Bookmakers and betting.
13. Part IV of the Act of 1994 is amended (a)
in section 47(1), by inserting “or point to point steeplechase
meeting” after “authorised racecourse”,
(b)
in section 48(1), by inserting “or point to point steeplechase
meeting” after “authorised racecourse”,
(c)
in section 50(1), by inserting “or point to point steeplechase
meeting” after “authorised racecourse”,
(d)
in section 51(1), by inserting “or point to point steeplechase
meeting” after “authorised racecourse”,
and
(e)
in section 54(1)(a), by inserting “or point to point steeplechase
meeting” after “authorised racecourse”.
Explanatory Note
This Head provides that bookmakers at point to point meetings will be subject to
the same rules as at authorised racecourses.
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Head 14
Sanctions - Rules of Racing.
14.(1) Where upon investigation by it, the Racing Regulatory Body considers that a
person (a) has breached the Rules of Racing,
(b) has failed to comply with his or her licence, or
(c) is not a suitable person to hold a licence,
the Racing Regulatory Body shall afford the person an opportunity to make
representations to it, and shall inform the person of the procedure to be taken in the
matter under consideration and the time and place of any hearings. Any hearing shall
be held in a transparent and impartial manner.
(2) A person who is subject of an investigation under subsection (1) shall provide all
reasonable co-operation to the Racing Regulatory Body for the purposes of the
investigation under subsection (1).
(3) Where following a hearing held in accordance with subsection (1), the Racing
Regulatory Body considers the person (a) has breached the Rules of Racing,
(b) has failed to comply with his or her licence, or
(c) is not a suitable person to hold a licence
the Racing Regulatory Body may refuse to grant the licence or impose a
sanction in accordance with the Rules of Racing, as the case may be.
(4) Where the Racing Regulatory Body imposes a sanction against any person
involved in horseracing or refuses to grant to a person a licence or suspends or
revokes a racecourse licence, it shall afford the person an opportunity to appeal to it or
such other person nominated by it against the sanction imposed or the refusal to grant
or the suspension or revocation, of the licence, as the case may be.
(5) The Racing Regulatory Body shall provide an appeals procedure and ensure that
any appeal referred to in subsection (4) is heard in a fair and impartial manner.
(6) A decision under subsection (3) stands suspended during the period allowed to
appeal in accordance with the Rules of Racing.
(7) The Racing Regulatory Body shall establish procedures for the purposes of
enforcing the Rules of Racing in accordance with this section and shall publish details
of those procedures.
(8) The Racing Regulatory Body shall establish and publish procedures with regard to
granting racecourse licences.
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(9) Section 45 of the Act of 1994 is repealed
(10) In this section “licence” means a licence granted by the Racing Regulatory Body
under the Rules of Racing to participate in racing under section 39(1)(c) ( as amended
under Head 11) of the Act of 1994.
(11) Income received from financial sanctions under this section shall be paid to HRI.
Explanatory Note
This Head provides for transparency in relation to the sanctions imposed by the
Racing Regulatory Body.
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Head 15
Horse and Greyhound Fund
15. Section 12 of the Act of 2001 is amended by –
(a) inserting in subsection (6) before “The Minister shall pay” the following –
“Subject to subsection (9),”
(b) substituting subsection (9) for the following –
“(9) (a) Subject to paragraph (b), the Minister shall pay moneys out of the
Fund by instalments.
(b) The Minister shall determine the number and amount of instalments
payable under subparagraph (a) following assessment of the financial needs of
HRI and Bord na gCon and in the event that the financial needs of either body
alter significantly the Minister may alter the number and amount of the
instalments.
(c)The Minister may withhold any or all instalments or part of an instalment to
either HRI or Bord na gCon where the Minister is of the view that –
(i) the plans submitted under subsection 10 by either HRI or Bord na
gCon, as the case may be, are deficient or unreasonable,
(ii) reasonable progress on the implementation of such plans has not
been made,
(iii) HRI or Bord na gCon has failed to provide such information as
requested by the Minister under section 29(3).
(iv) HRI or Bord nag Con has failed to comply with a direction of the
Minister issued under section 29(4).
(d) Where moneys are withheld under paragraph (c), such moneys will remain
in the Fund until the plans are rectified to the Minister’s satisfaction or
necessary progress is made.”.
Explanatory Note
This Head is intended to provide greater control for the Minister and by permitting the
Minister to withhold payment of instalments from HRI or Bord na gCon in certain
circumstances. It also ensure that moneys paid from the Fund through instalments
reflect the financial needs of HRI and Bord na gCon.
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[Possible need for legislation to facilitate streamlining
Head 16
Data sharing.
16. (1) On a day appointed by the Minister, HRI may provide data (including personal
data) held for the purposes of section 10(1)(b) (as amended by Head 5) of the Act of
1994 to the Regulatory Racing Body to the extent that it is necessary for that Body to
achieve its lawful obligations.
(2) The Regulatory Racing Body shall process all data received from HRI as though it
was received directly by the Body itself.
(3) In advance of the appointed day, HRI shall notify any data subject likely to be
affected by any transfer of personal data of its intention to transfer such data to the
Racing Regulatory Body.
(4) A person may object to the transfer of personal data from HRI to the Regulatory
Racing Body under subsection (1) by notice in writing to HRI and such data as
specified in the notice shall not be transferred.
(5) HRI shall not be liable for any errors or omissions in relation to data provided to
the Regulatory Racing Body and shall notify the Regulatory Racing Body of any
objections received under subsection (4).
(6) On a day appointed by the Minister, the Regulatory Racing Body may provide
data (including personal data) held by that Body to HRI to the extent that it is
necessary for HRI to achieve its lawful obligations.
(7) HRI shall process all data received from the Regulatory Racing Body as though it
was received directly by HRI itself.
(8) In advance of the appointed day, the Racing Regulatory Body shall notify any data
subject likely to be affected by any transfer of personal data of its intention to transfer
such data to HRI.
(9) A person may object to the transfer of personal data from the Regulatory Racing
Body to HRI under subsection (6) by notice in writing to the Regulatory Racing Body
and such data as specified in the notice shall not be transferred.
(10) The Regulatory Racing Body shall not be liable for any errors or omissions in
relation to data provided to HRI and shall notify HRI of any objections received under
subhead (6).
(11) The Minister may by order appoint such day or days for the transfer of data under
this section.
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Explanatory Note
This Head, if required, is intended to provide for the sharing of data between HRI
and the Racing Regulatory Body in accordance with the Data Protections Acts to
facilitate administrative streamlining. ]
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Head 17
Amendment to Animal Remedies Act 1993
17,- Section 10(1) of the Animal Remedies Act 1993 is amended by substituting the
following“10.—(1) The Minister or a person authorised by the Minister on that behalf may for
the purposes of enforcing this Act, appoint in writing, such persons or classes of
person as he or she considers appropriate to be authorised officers for the exercise of
all or any of the functions conferred of an authorised officer under this Act as
specified in the appointment and subject to such conditions as the Minister considers
appropriate including but not limited to conditions as to species of animal or activities
involving animals.”.
Explanatory Note
This Head is amending the appointment of authorised officers under the Animal
Remedies Act 1993 to allow the appointment by persons authorised by the Minister to
so and to permit the Minister to set conditions within which authorised officers may
utilise the functions set out in the Act.
This amendment is intended to permit the Minister to appoint authorised officers from
the Racing Regulatory Body to deal with any potential misuse of animal remedies
under that Act that may affect horseracing.
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Head 18
Repeal.
18. The Horse Racing Ireland (Membership) Act 2001 is repealed.
Explanatory Note
This Head repeals the Horse Racing Ireland (Membership) Act 2001 because all its
provisions are being re-enacted in this Scheme.
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Head 19
Citation and commencement.
19. (1) This Bill may be cited as the Horse Racing Ireland (Amendment) Bill 2014.
(2) This Bill shall come into operation on such day or days as the Minister may
appoint by Order.
Explanatory Note
This Head provides the short title and citation of the Bill, as well as its
commencement.
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