Results 3,421-3,440 of 6,207 for speaker:Jennifer Carroll MacNeill

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Was there market research involving members of the Committee of Public Accounts?

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: It may have been someone else, but I received a call asking me my views on the national lottery and how much I believed was spent on good causes-----

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: -----and how much retailers got.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Perhaps it was, and we will have the opportunity to ask the operator in great detail about that.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: There you go. So, it was not the regulator.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: I wish to discuss the regulator's investigations around the 98% and the 2%. Ms Boate told my colleague, Deputy Kelly, that the regulator considered it and worked out that there was not an issue. What processes professionally and personally did she go through in that regard? It is the issue of "shall" and "may".

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Ms Boate took internal legal advice.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Did she take any external legal advice?

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: As legislators, we look at the words "shall" and "may" very differently. I will provide an example. Ms Boate said she came from a corporate regulatory background. Is that not right?

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Much of that is about what is allowed and not allowed and what is permitted and prohibited. To take an example, section 17(1) of the Companies Act 2014 states "A company may be formed [as in, it has the permission to be formed] for any lawful purpose by" and so on. However, section 17(2) states "The liability of a member of a company at any time shall be limited to". They mean different things.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: "May" is a permission. "Shall" is a prohibition or a mandate. They are totally different things. "You may not" means you are not permitted to. If I say Ms Boate may not smoke in here, it does not mean she is allowed not to smoke but that she may not smoke, she must not smoke.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Yes, but it is a real difficulty for us because, although the licence is not a statutory document, it is written in what we conceive as being very clear terms, as in thou shalt not do something but thou may do this.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: That is a distraction, if I may say. We have two elements of this - "shall" use it and "may" use it - but the proportions are directly inverted relative to the obligation and the permission, so we have 2% "shall" and 98% "may". Even if Ms Boate did not accept that reading is correct, which I think it is, she as regulator has significant persuasive authority, irrespective of the actual...

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Is this one of them?

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: No, but there is a difference, and especially as Deputies, we are conscious we do not often have authority in a particular thing but we have a certain persuasive authority by highlighting a given issue one way or another. If this was a split of 40:60 or 55:45, I am not sure we would be having this conversation, but 98% of that money being spent on advertising is a big difficulty for us. It...

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: I am sorry, but that is the same thing.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Let me ask Ms Boate a different question then. It is in the regulator's annual report that there was an operator breach in 2021. There were 48 players who had self-excluded and they received marketing information from the national lottery within 36 hours of having self-excluded.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: If I go on my app, the national lottery has technology capable of taking my money immediately, whether it is from my phone, my bank account or indeed my bank card. It is very efficient at taking my money but it appears it was not quite as efficient at managing its own systems to ensure people who had actively self-excluded were not getting information for a 36-hour period. Can Ms Boate...

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: How was it fixed? What does Ms Boate mean? There was a breach.

Public Accounts Committee: Financial Statements 2021: National Lottery Fund (24 Nov 2022)

Jennifer Carroll MacNeill: Was there any assessment of the harm done? Did anybody speak to the 48 people?