Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I do not accept that the Minister of State's position is the correct one. There is a simple fix for this and it relates to the definition of "relevant content". The definition of "relevant content" is a gaming activity such as a lottery. One will not be allowed to advertise that on social media to non-subscribers and non-account holders unless one has a philanthropic or charity licence. The Bill also provides that one will not be able to advertise the licensee of the gambling licence by name, but it is only the name of the licensee that is covered here. Section 146 provides that one cannot advertise "relevant content". I gave the Minister of State the definition of "relevant content" which included those two things. Rightly, he is now exempting charities and philanthropic bodies. He says they are exempt from this on the condition that do not advertise the licensee's name or trading name, or part of the name or trading name. That is a correct definition. The charities will not be able to do that. When they put up their own notice to raise money for a local club, they will not be able to name "Paddy Power" or "Power Bets" or anything like that, to use Paddy Power as an example. I am telling the Minister of State that the definition of "relevant content" in the legislation before us will not stop Paddy Power advertising Paddy Power to anybody over the age of 18 as long as the licensee is not in the name of Paddy Power. That is a serious problem. I use Paddy Power as an example, but it is unlikely that it would be Paddy Power. There are many of these gambling entities. This is a serious issue. The Minister of State has rightly addressed it with regard to philanthropic licences which capture not just the licensee but also the name or trading name, or part of the name or trading name, of the licensee. We need to ensure that this - exactly - is captured in "relevant content" because it is not in "relevant content" at the minute. If it is not in "relevant content", they will advertise in this way.

What does this mean? As it stands, it means that Paddy Power or any other such gambling company will not be able to go on social media and flood you with advertisements to win this, that or the other. It does mean, however, that they will be able to advertise their brand in an unlimited way. There will be regulations here, but these entities will not be captured in this section of the Bill in a way that prevents them advertising a part of their trading name, their trading name, their logo or their brand name. That is not what is intended here. I know that the Minister of State says that it is captured but I put it to him very strongly that it is not captured. We know how long it will take to fix this. In the meantime, there could be a huge amount of advertising penetration by people trying to get brand awareness and all of the rest of that.

I believe there is a simple amendment to this and I urge the Minister of State, Deputy Browne, to bring it forward here. It has been done in the past where it can be done. I urge the Minister of State to do that.

See this speech in context