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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?

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

Jennifer Carroll MacNeill: Ms Boate concluded, "I determined that the Operator had breached Schedule 9 ... of the Licence and concluded that no further action was required." What further actions were available for her to take under the licence and the Act?

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

Jennifer Carroll MacNeill: I am concerned about the harm to the person not the operator.

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

Jennifer Carroll MacNeill: It did not have to be the operator. It could have been the regulator or somebody else. It could have been Gamblers Anonymous.

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

Jennifer Carroll MacNeill: What was done to assess any harm done to those people because of a breach? A breach occurred due to the operator. It was noted and found by the regulator. Ms Boate took no further action, so the operator got off with it, essentially. Maybe the national lottery can tell us when it is here, but I am not hearing what assessment there was of the harm done to the people who had proactively...

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

Jennifer Carroll MacNeill: Did they get an apology?

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

Jennifer Carroll MacNeill: It is a matter of interpretation. I believe Ms Boate should have got external advice on the legal point we discussed earlier. I believe that interpretation is wrong. Ms Boate has player protection person in her office, but from the perspective of the State on behalf of the citizen, it appears from Ms Boate's answer that what we are concerned about is the operator, the regulator and that...

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

Jennifer Carroll MacNeill: My apologies but the regulator's own report said that no further action was taken in addition to-----

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

Jennifer Carroll MacNeill: That is not enough. The only way that that information is coming out is because of this conversation today.

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

Jennifer Carroll MacNeill: I thank the Chairman.

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

Jennifer Carroll MacNeill: Is that the case in any circumstances?

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

Jennifer Carroll MacNeill: The regulator has never used these powers against the operator for any reason.

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