James Browne (Wexford, Fianna Fail) | Oireachtas source

On section 74 and dealing with unlicensed operators and non-payment, we are satisfied it covers all the situations, but I am happy to look at it again and engage with the Deputy because we want the same thing here. If the Deputy has identified a gap we will certainly make a change to amend it.

On amendments Nos. 17, 18 and 20, I note the Deputies have proposed two insertions of new subsections (4) and (5) into section 13 in amendment No. 17. The first of these concerns appointing a person with lived experience of harmful gambling to the board of the authority. The second seeks to limit the number of members of the board who have been employed in the gambling sector. From my recollection of the points raised on Second and Committee Stages of this Bill, Deputy Gould raised this matter and tabled similar amendments, as alluded to. It is still my opinion, similarly to the Deputy, that the authority should benefit from the experience of those with lived experience of gambling. However, I do not agree the amendment proposed on this matter is necessary. As Deputies will appreciate, the membership of the authority should reflect a broad range of expertise on, and experience of, the gambling sector. Section 15 provides, "The Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to the selection process ..." for members of the authority. Such criteria include that the members of the authority possess experience in matters such as gambling activities and separately the pathology and treatment of addiction, with particular reference to gambling addiction. Both these criteria can relate to and encompass lived experience of gambling.

Deputies will also be aware the authority will have power to establish advisory committees to assist in a range of matters relating to its functions. Benefits from the lived experience of those affected by gambling will be an essential element of the committee and Deputies should remember this legislation is coming from a public health perspective. Furthermore, it is my intention that when it comes to setting up the process to invite applications for membership of the authority, that process will reflect the need for lived experience of gambling. It is important to me the membership of the authority reflect a broad range of all experience to do with gambling given the nature and scale of this situation. I will not, therefore, be accepting the proposed amendment on this matter, but I will certainly keep it under review.

Moving to the second subsection the Deputies propose to insert into section 13, section 14(3) of the Bill already explicitly provides for the independence of the authority when it is exercising its function and does not need to be restated. As I stated on Committee Stage, I have no objection in principle to the overall intention of the second part of the proposed amendment, but on reflection it is not practicable. It is next to impossible to identify who could be a potential licence-holder and as such any and every person could be potential licence holders and be excluded from selection for the purposes of this section.

I cannot accept amendment No. 18. The Bill provides under section 14(1)(m) that one of the functions of the gambling regulatory authority will be a competent authority under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. As such, it would be subject to the requirements of section 63D of that Act, which provides that competent authorities must adopt a risk-based approach to the exercise of their supervisory functions and review their assessment of the money-laundering and terrorist financing risk profile of the businesses they supervise. Thus, there is already an obligation there to carry out risk assessments. The anti-money laundering steering committee the proposed amendment refers to is not provided for in legislation currently and therefore the amendment is not necessary.

On amendment No. 20, on Committee Stage the Deputies expressed concern at the potential level of outsourcing the authority could engage in. I cannot accept the amendment because, put simply, gambling is a hugely complex and constantly evolving area and it is likely the authority will have to engage with those third-party experts who advise and engage with other major regulatory bodies like the Malta Gaming Authority and the UK Gambling Commission as it builds up its expertise. There is sufficient oversight built into the Bill as it is. In the first instance, the Bill provides the chief executive of the authority be accountable to the public accounts committee and to other Oireachtas committees for the authority’s activities. Furthermore, I am satisfied the Bill includes sufficient safeguards and requirements to ensure the authority complies with all necessary guidance and procedures by recognising that while the authority will need to rely on external expertise it must act responsibly when engaging with those external parties. The authority will be obliged to adhere to all public sector procedures for all matters, including procurement.

As I stated on Committee Stage, expenditure of public funds must be done in ways that are appropriate and, importantly, accountable and transparent. The authority as a responsible public sector organisation will be expected to report on procurement and its engagement of external third parties in its annual accounts and annual reports. It will be a statutory obligation for it to submit its annual accounts to the Comptroller and Auditor General. Both the annual accounts and the report of the Comptroller and Auditor General on those accounts must be laid before the Houses of the Oireachtas. In addition, the Bill contains a further level of oversight, by providing the authority, when requested to do so by the Minister or the Minister for Public Expenditure, NDP Delivery and Reform, must provide information in writing relating to the funding of the authority. On top of these requirements, section 33 provides that the Minister may “request the Authority to make a report to him or her on any matter relating to the functions of the Authority”, including procurement and financial matters. The authority will be obliged to comply with such a request. For all these reasons, I am satisfied the Bill as it stands includes sufficient oversight of the authority’s activities and I will not be accepting the Deputies’ amendments.

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