Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I welcome the intent of amendments Nos. 102, 106, 127 and 148. I agree with the Senators that gambling addiction poses a major challenge to our society, particularly when it involves children and young people. This is why the establishment of a gambling regulator focused on public safety and well-being with the powers to regulate advertising gambling websites and apps was a commitment in the programme for Government. The Minister for Justice published the general scheme of the gambling regulation Bill last October. That Bill will establish a new regulatory authority, namely, the gambling authority of Ireland. Specifically, head 109 of the general scheme sets out that the authority shall make codes concerning the advertising of gambling. These codes may include restrictions or prohibitions concerning such matters as the times of day that gambling may be advertised on broadcasters, video on demand and audiostreaming services; an option for a customer of a video on-demand service to opt out of receiving advertising and a requirement that a video-sharing platform service should not display gambling by default but should require an opt-in mechanism. The general scheme also requires the gambling regulator to engage with an coimisiún on such codes to facilitate joined-up thinking on the regulation of advertising.Given that the Gambling Authority of Ireland will issue codes in respect of advertising, I do not propose to accept these amendments. It would not be an effective use of resources or coherent policy to mandate two regulatory authorities to regulate the same matter. Senators have spoken about this. Given its remit, role and specialisation, the Gambling Authority of Ireland will be the best place to regulate the advertising of gambling.

As regards speculative financial activities, the Central Bank of Ireland regulates the advertising of financial activities by financial services firms under its remit. The rules are set out in the consumer protection code published by the Central Bank. To make a general point, I recognise that crypto-assets pose a significant challenge for consumer protection. In that regard, I note the EU markets in crypto-assets regulation is currently under negotiation in Brussels. It will set out a licensing regime for crypto-assets. However, fundamentally, it will be for authorities other than an coimisiún with specific expertise to set out the primary rules for regulating the advertising of crypto-assets. While I do not accept these amendments, I recognise their intent and the points the Senators have made today.

Gambling is a scourge for many families. On the broader issue raised by Senators Cassells and Byrne in amendment No. 28, which relates to the role of an coimisiún regarding gambling addiction, I have committed to speaking to my colleague the Minister for Justice on the matter in advance of returning to that amendment on Report Stage.