Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

The regulator is not independent and I am happy with that. I like democratic control. I have a serious concern regarding section 24. I issued a press release today and I may have referred to this section. Section 24(2) states: "The amount of levy under this section shall be decided by the Regulator." This gives the regulator a blank cheque for his own operation. The levy funds the regulator and he is the sole person deciding how much he will need for his costs. I would be happier for the Minister to set the levy or for the levy to be approved by the Minister. The regulator is being given a carte blanche to charge the operator for the funding of his office. The operator may regard this charge as excessive but I ask to whom can the operator appeal in this case.

The technical details of the Bill can be discussed on Committee Stage. However, I have earmarked a number of sections which I wish to discuss with the Minister.

Section 47 deals with the furnishing by the operator of an annual report and information to the regulator. The regulator will be required to appear before an Oireachtas committee and the regulator's accounts will be audited by the Comptroller and Auditor General. The operator's accounts shall be submitted to the regulator who, "shall cause copies of each of the documents aforesaid and of the directors’ report to the shareholders of the operator for the financial year concerned of the operator to be laid before each House of the Oireachtas". I would like the operator to be required to appear before an Oireachtas committee. It is a bit like the banks. It is all well and good to talk to the Central Bank and the Financial Regulator but the Oireachtas needs to be able to talk to the banks directly who are the regulated bodies. The turnover in this case is €1 billion. The Oireachtas committee may decide to call them in once every year or every five years. An Oireachtas committee should have the right to call in the operator if so required. I ask the Minister to consider this point.

I refer to the protocols for electronic and digital gambling. It would be helpful for a committee to hear from the operator who is bringing forward proposals for new games. The regulator should be subject to freedom of information and this should be included in this Bill. It is the intention of the Minister to include all new bodies in freedom of information regulation.

Section 49 gives me the shivers. It provides for the sharing of certain information by the operator with the Office of the Revenue Commissioners and the Department of Social Protection. This could be the thin end of the wedge in an attempt to tax lottery winnings. I know this is not the Minister's intention but when people see that the Revenue Commissioners have the right to obtain the name of the main prize winner, this will give them the shivers. The Revenue has other ways of finding out without requiring this power-----

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