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Gambling Regulation Bill 2022: From the Seanad (16 Oct 2024)

James Browne: These are all technical amendments, one of which makes a change to the Long Title.

Gambling Regulation Bill 2022: From the Seanad (16 Oct 2024)

James Browne: Yes.

Gambling Regulation Bill 2022: From the Seanad (16 Oct 2024)

James Browne: I confirm that private members' clubs will be covered. A couple of lads coming together in their home will not be, but private members' clubs as we know them will be covered by this legislation. I do not have an explanation as to why the advice differs, other than to say that I have always thought that the law is an art and not a science. As time moves on, interpretations can change. It...

Extension of Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Oct 2024)

James Browne: I will raise the matter of the courthouse with the Minister, Deputy McEntee.

Extension of Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Oct 2024)

James Browne: I move: That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a further period of 6 months, beginning on the 1st day of December, 2024, and ending on the 31st day of May, 2025. I am here to introduce the resolution on behalf of the Minister for Justice, Deputy...

Extension of Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Oct 2024)

James Browne: I certainly hope it is the last time. It is somewhat out of my control. I suspect that, at this stage, it will be next government that finally brings in a Bill. The Government gave approval on 25 October 2022 to the general scheme of the alcohol Bill. This seeks to reform and replace the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008. The Minister intends to...

Extension of Civil Law (Miscellaneous Provisions) Act 2021: Motion (16 Oct 2024)

James Browne: Obviously, the mayor and the cathaoirleach were also involved. It was a great success and shows what can be done. It was an amazing event. I certainly hear the Deputy. I do not want to be in a situation where a Minister of State has to come here every six months to do exactly this. It needs to be finally resolved. I certainly hope that will happen in the very near future.

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: I thank Senators Ruane, Higgins, Black and Flynn for tabling their amendment. I certainly understand where the Senators are coming from but we are satisfied that we achieve what the amendment seeks to achieve through our currently drafted legislation. I am satisfied that these devices are already provided for in the Bill as the reference to "the Internet" in paragraph (a) of the definition...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: The matters raised in amendment No. 8 are already addressed within the Bill. Section 33 provides that the authority may consider existing emerging practices in gambling and gambling activities, including activities that are similar to or may be gambling. Where the authority identifies an issue of concern, it shall prepare and submit a report with any recommendations to the Minister for...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: It is a matter of law that all persons and bodies are bound by the provisions of the GDPR and the 2018 Act. The law is strict as regards a person’s health and financial data. It is not the role of the authority to request or receive sensitive health-related information in respect of people who are gamblers, neither is it permissible for the HSE to share such data. In that regard, I...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: I will respond to amendments Nos. 11 and 12 together. It is important to reiterate that in the drafting this Bill, I consulted the Data Protection Commission and the commission did not specify a need for such a provision to be included. Furthermore, the national gambling exclusion register prohibits licensees from communicating with any person on the register. Licensees need to maintain a...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: I thank Senator Ruane for tabling this amendment. Unfortunately, I cannot accept it for two reasons. First, all persons and bodies hoarding personal data are obliged to comply with the obligations set out in general data protection regulation and the Data Protection Act 2018. This is an existing legal requirement, and I cannot see a need for any person to make a statement as to how they...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: On amendment No. 16, as the Senators will appreciate, at its core, the Bill is a public health measure aimed at protecting people from gambling harm, including children, younger people and those more vulnerable in our communities. In this context, section 159 includes extensive provisions concerning the sponsorship of events by licensees to protect children, breaches of which constitute a...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: What is proposed in amendment No. 19 is provided for in the Bill and addressed in sections 162 and 163, which will oblige licensees to train their staff to a standard approved by the authority on these issues. In that context, I cannot accept the amendment. I cannot accept amendment No. 24 as it raises matters that come under the remit of the Central Bank concerning unlicensed financial...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: Regarding amendments Nos. 20 to 23, inclusive, on Committee Stage, a number of Senators raised concerns in respect of this section and a number of differing positions were expressed by different Senators. I consulted the Office of the Attorney General in respect of these provisions and was advised that the sections, as originally drafted, were somewhat legally ambiguous. That would put the...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: It was previously drafted in such a way that it was a positive affirmation that gambling companies could provide inducements. It was then a clarification that it could not be provided to individuals or groups. The positive affirmation was not actually needed and I agree that was redundant. I had concerns with it myself when I looked at it more carefully. That positive affirmation is...

Seanad: Gambling Regulation Bill 2022: Report and Final Stages (8 Oct 2024)

James Browne: Regrettably, I cannot accept amendments Nos. 3 to 5, inclusive. Speaking to amendment No. 3, as I previously outlined on Committee Stage, I am satisfied that section 14(1)(c), which provides that it shall be a function of the authority to establish, maintain and administer the social impact fund, already addresses the issue. As the Senators will be aware, a key purpose of the social impact...

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