19/5/14Draft General Scheme

Horse Racing Ireland (Amendment) Bill 2014

Head1. 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 1993, No. 23Data Protection Acts 1988 and 2003Horse and Greyhound Racing Act 2001 2001, No. 20Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 1999, No. 24Horse Racing Ireland (Membership) Act 2001 2001, No. 46Irish Horseracing Industry Act 1994 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 3Increase 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–

“ SCHEDULESection 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 race-fixtures); (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 race-fixtures 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 money7. 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 11Racing 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 forPoint-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 Fund15. 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 18Repeal.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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