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Seanad: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Second Stage (16 May 2024)

James Browne: I welcome the opportunity to present the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 to the Seanad.The Bill completed its passage through Dáil Éireann at the start of this month and I am glad to be able to bring it before the Seanad today for consideration. I trust that Senators will appreciate the important measures it contains on victim-centred reform of our...

Seanad: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Second Stage (16 May 2024)

James Browne: I thank Senators for their contributions to today's debate on this important Bill. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 sets out a package of measures which will introduce important reforms across a number of areas. The common ground underpinning all of these measures is our commitment to strengthening protections for vulnerable victims. Enhancing protections...

Written Answers — Department of Justice and Equality: Gambling Sector (16 May 2024)

James Browne: The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in person perspective. The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the...

Seanad: Gambling Regulation Bill 2022: Second Stage (14 May 2024)

James Browne: I am happy to present the Gambling Regulation Bill to the House. This is an important and necessary Bill to address and regulate gambling in Ireland.I know the Bill has significant support and I look forward to Senators' contributions. The Internet has made gambling easier to access than was ever thought possible. Everyone, including children, has relatively easy access to gambling sites...

Seanad: Gambling Regulation Bill 2022: Second Stage (14 May 2024)

James Browne: We have been waiting a long time for this legislation. Efforts have been made over the past 20 years to properly regulate gambling in this country, but often to no avail. It is important that we finally have a Bill with genuine momentum behind it, but, leaving aside regulation and licensing for a moment, one that also seeks to address the harms caused by excessive and problem gambling. ...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I move amendment No. 94: In page 125, to delete lines 29 to 38 and substitute the following: “Obligation not to allow child on premises 169. (1) A licensee of an in-person gambling licence, other than a licensee of a gambling licence for charitable or philanthropic purpose that is an in-person gambling licence, shall not permit a child to enter on a premises in which a relevant...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I certainly hear what the Deputy is saying. He is raising a legitimate concern. Gambling is a legitimate industry. It is an industry that causes damage and that is why we have provision for the social fund in the Bill and will raise a levy to compel the industry to pay for some of that damage. Many people bet very safely. I compare it to alcohol in the sense that a lot of people do it...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: The first important point is that the regulations cannot weaken the primary legislation. They cannot row back on the legislation; they can only tighten it. We are creating the regulator to make recommendations around the regulations. The regulator will carry out research, engage with vulnerable groups, engage with the industry and look at what is happening. If it feels the need for more...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: We had a good look at this and the original way we drafted it was complex. There was a lot of confusion about the definition of an inducement or promotion. Across the board people were saying that it would effectively be unenforceable and potentially, when you have that much confusion and different definitions people will find clever ways to get around them. We therefore reverse engineered...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: ...(2) and (3), a licensee to whom this Chapter applies may offer the general public a benefit or advantage, the intent or effect of which is, either directly or indirectly, to encourage participation in gambling (in this section referred to as an “inducement”). (2) A licensee may not offer a person or specific group of persons an inducement. (3) A licensee shall comply with...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I move amendment No. 79: In page 109, after line 36, to insert the following: “Advertising by licensee by means of electronic communication 140. (1) A licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, by electronic communication to another person (in this section referred to as the “intended...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I move amendment No. 76: In page 109, between lines 15 and 16, to insert the following: “Regulations regarding advertisements 139. (1) The Authority shall, having regard to the matters specified in subsection (3), make regulations requiring licensees to include certain matters in advertisements relating to relevant content. (2) The Authority may, having regard to the matters...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: ...(in this section referred to as the “intended recipient”) unless— (a) the intended recipient has an account with the service concerned, and (b) the licensee complies with the applicable regulations. (2) A licensee shall not be taken to have contravened subsection (1) where— (a) an intended recipient does not have an account with an audiovisual...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I thank the Leas Cheann-Comhairle. I think the particular amendment we are discussing has long been forgotten about at this point, but anyway.

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I am going to address this and make the point for a third time. The recommendation for a complete ban on gambling advertising during the watershed was the unanimous recommendation of the justice committee. Charities and sporting organisations have been governed by gambling legislation, when they are carrying out gambling activities such as lotteries and draws, for the past 70 years. Nearly...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: With regard to the comment that no one requested it, it was requested unanimously by the Joint Committee on Justice that a ban on advertising be brought in with no exceptions. I listened to the members from the justice committee who have addressed it here in the Dáil. I have listened to TDs outside of the justice committee who have addressed it in this Chamber. I have listened to...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I am listening, Deputy McGrath. You said you rose to speak to support the amendments. You are speaking to Government amendments at the moment.

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I move amendment No. 74: In page 109, to delete lines 9 to 15 and substitute the following: “Interpretation (Chapter 1 – Part 6) 137. In this Chapter— “Act of 2009” means the Broadcasting Act 2009; “applicable regulations”, in relation to advertising, means regulations made under section 140; “audiovisual on-demand media...

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: ...vary the number of gaming machines which the licensee may use pursuant to the gaming licence to provide a relevant game or games, or (c) to provide relevant games through a gaming machine where the licensee did not at the time the licensee applied for the licence, wish to provide those games through a gaming machine.”.

Gambling Regulation Bill 2022: Report Stage (Resumed) and Final Stage (1 May 2024)

James Browne: I move amendment No. 47: In page 66, to delete lines 7 to 9 and substitute the following: “(2) Subject to subsection (3), the Authority may, with the consent of the Minister, by regulations vary the amount of a maximum relevant payment specified in column (2) of Schedule 2 or the amount of maximum winnings specified in column (3) of that Schedule, or both, having regard...

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