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Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I thank the Senator for his contribution. He has long been an advocate for gambling reform. The Bill provides that any person who provides a gambling activity whether for a commercial, charitable or philanthropic purpose must have a licence from the authority. There are no exemptions, save for the few very specific circumstances set out in sections 89 and 90. Commercial operators...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I thank Senators for their contributions. I understand their intention. It is important to note that charities and other organisations are already subject to the regulation via the Gaming and Lotteries Act 1956 where they operate and promote lotteries as part of their fundraising model. This Bill contains the existing policy and measures, albeit modernised, provided for in the 1956 Act....

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: There were concerns on Report Stage in the Dáil that the full repeal of section 36 of the Gaming and Lotteries Act 1956 might lead to bookmakers enforcing payment of unreasonable debts by people who ran up large debts with them. The amendment reintroduces this position and retains the protections provided in section 36 of that Act.

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: This is a technical amendment required on foot of amending the Bill to provide for transitional arrangements in respect of gambling legislation currently on the Statute Book. With regard to amendments Nos. 44 and 45 from the Labour Party, the effect of the Senators' proposed amendments to section 9 was to maintain the 1956 Act's statement that every contract by way of gaining or wagering is...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I thank the Acting Chair. Amendment No. 47 involves two new insertions in section 13, namely, the appointment of a person with lived experience of problem gambling to the board of the authority and a limit on the number of members of the board who have been employed in the gambling sector. Given the scale of its remit, membership of the authority should reflect a broad range of expertise...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Some of the Senator's comments have left me a bit lost. Almost the entire Bill is about prevention and protection of people from gambling addiction. There are too many sections to even begin listing them, including sections on child protection. The social impact fund is not just downstream. In fact, education and awareness are specifically listed among the social impact fund's purposes....

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Unfortunately, I cannot accept the amendments. The provision the Senator seeks to remove is now standard provision used across the Statute Book and to do so would undermine the fundamental principles underpinning the operation of Government and could compromise the ability of the authority to operate within its independence.

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I cannot accept the Senator's amendments as I believe the matter they seek to address is already dealt with in the Bill. I refer to amendment No. 63. Section 31 provides that the authority "may undertake, commission or collaborate with research projects in relation to gambling or gambling activities", including in relation to gambling addiction. In addition, the other activities specified...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I am very aware of the human consequences of gambling addiction. I have highlighted that myself consistently. That is why we have drafted a 220-section Bill, one of the biggest to come through the Houses in the lifetime of the Government. I am very aware of the impact, and this legislation comes from a public health perspective. We are not accepting the amendments because we say they are...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Unfortunately, I cannot accept amendment No. 68 as the matters it raises are already addressed in the Bill. Section 31 provides the authority may undertake, commission or collaborate with research projects related to gambling or gambling activities. The list provided in this section is not exhaustive and would not preclude the authority from engaging in research relating to any other...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Regarding amendment No. 70, the Bill provides in section 64 for an amendment to the Freedom of Information Act 2014. The intention is that the authority members, its staff, authorised officers, the appeals panel, appeals board, appeals officer and adjudication officer would be subject to obligations under the Freedom of Information Act concerning their respective functions insofar as the...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: The agency would have significant investigate and prosecutorial powers. Documents gathered for those purposes will not be subject to an FOI because they will be necessary in the investigation and prosecution of a licenceholder, for example. It would also undermine the tenets of any prosecution if documents seized during a prosecution or investigation were released to the public. That would...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Amendment No. 72 seeks to insert the Health Service Executive into section 34 as one of the listed bodies. Is that correct?

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I am not in a position to accept the amendment at the moment but I will take it under further consideration.

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: It is a very good question and the Senator is correct. We are deleting section 43 and re-inserting the definition of "relevant date", which is referred to throughout the Bill. As the Senator correctly pointed out, the other definitions are also so I will get further clarity for him on that.

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: With regard to inducements, the Bill is drafted in such a way that they cannot be targeted. We had an alternative position at the start when we were drafting this Bill of trying to cover everything, which we could not do. It became impossible so we flipped to a position where an inducement cannot be offered unless it can be offered to everybody and that people can walk in off the street and...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Yes. I will be bringing in a range of amendments to the provisions relating to the operation of the national gambling exclusion register which have the same effect as the Senator's amendment.

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: I cannot accept amendment No. 97 as I am satisfied that sections 50 (1) (a) and 50 (1) (b) of the Bill already address this issue. As the Senators are aware, a key purpose of the social impact fund will be to support the provision of public education and awareness-raising measures for the purposes of highlighting the social impact of compulsive or excessive gambling. I fully expect that the...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: Given the alternative debt resolution procedures that have been introduced, including, for example, personal insolvency arrangements, we are widening the information required from licence applicants to include any other arrangements or compositions with creditors. That is provided for in amendment No. 101. On advice from the Office of the Attorney General, it was considered that the...

Seanad: Gambling Regulation Bill 2022: Committee Stage (Resumed) (26 Sep 2024)

James Browne: As I said, we are satisfied that section 50 sufficiently addresses the issues raised by the Senator in this amendment. The issue is already covered.

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