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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: No. I indicated when I discussed it that it is absolutely my intention that the regulator would be subject to FOI but that is in the FOI Bill. We will not do this on a case-by-case basis. It will be an overarching Bill and the only organisations mentioned will be the exclusions. I want to do it that way. This amendment is not necessary. The regulator will be subject to FOI as will...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: It will certainly be this year, if I can get the parliamentary time in the next session.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: The regulator does not exist now and we have to make the appointment subsequent to the enactment of the Bill. I am fairly confident that the overarching legislation will be in place before we have appointed somebody.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: Yes

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: No.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I have been asked a number of questions. Some fair comments were made about regulatory failures in the past. I would not always blame the regulator, however. Some regulators are so hamstrung by overt Government policy that they are not intended to be an authoritative regulator. There was a deliberate policy decision by the previous administration which examined in a formal commission a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I will deal with the last question first. I do not think I have ever been asked a question pertaining to the regulator in my current position as regulator. I do not think a plethora of concerns will be raised regarding the operation of the lotto. It is a good idea to bring the regulator before committees. We are defining the regulator's role in law. Deputy Boyd Barrett gives the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I move amendment No. 4: In page 7, line 32, to delete "and".Amendment No. 4 seeks the insertion of a comma. Amendment No. 5 seeks to ensure that the long-term sustainability of the national lottery is safeguarded. I have reviewed this since the Second Stage debate and now believe that the long-term sustainability of the national lottery is a consideration that the regulator must in the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I move amendment No. 5: In page 7, line 33, to delete "protected." and substitute the following:"protected, and (c) that the long term sustainability of the National Lottery is safeguarded.".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I move amendment No. 6: In page 8, between lines 5 and 6, to insert the following:“(5) The Regulator may exercise the enforcement rights of any trade mark of the National Lottery under the Trade Marks Act 1996 or exercise such rights jointly with the licence holder.”.It is considered appropriate that the regulator would have the power to exercise the enforcement rights of any...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I move amendment No. 7: In page 8, line 10, to delete “(otherwise than under the licence)”.Section 10 grants the regulator the power to hold or procure the holding of the national lottery in accordance with the Act but limits the exercise of this power in circumstances where a licence is not in force. It is proposed to delete the words "otherwise than under the licence" as the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: The national lottery regulator shall be a public servant, as are all other regulators, including in the communications and energy areas. Members will appreciate that the salaries of such officers are determined by the Minister for Public Expenditure and Reform. I do not consider it appropriate to depart from this practice in the case of one specific officeholder. I would be willing to...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: It would be invidious to say that this sole officeholder-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I understand that and also that we have a vehicle in the legislation before us to do this. I am minded to listen to any view with regard to greater transparency in these matters but to provide that the salary of only this officeholder be subject to approval by the Houses of the Oireachtas-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I would not like to introduce this particular proposal because I do not believe a vote is required in respect of every officeholder. Whether we can have a more transparent reporting system is an issue constantly under review. However, I do not propose to accept this amendment.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: I am very mindful of the point made by Deputy McDonald and I am well aware of the content of the programme for Government, having led the Labour Party team in negotiating it. We are mindful of what we heard in the Mahon tribunal and in the recent debates on this issue. We have had a lengthy debate on the shaping of the lobbying legislation. I do not want to dwell on this point now, but we...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: The Deputy is making a very fair point. That is part of my consideration. The longer the prohibition, the stronger the case such a person would have for significant recompense. I do not want to create such a burden on the public service as I think there would be public resistance to it. If the period is reasonable - I believe 12 months is a reasonable period - people would understand on...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: There is a committee at present - I am speaking off the top of my head because I am not a member of it, but as far as I am aware - which comprises the Secretary General of my Department and the Secretary General of the Government, but what I intend to do in the lobbying legislation is to specify that in law.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: National Lottery Bill 2012: Committee Stage (27 Mar 2013)

Brendan Howlin: Yes.

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