James Browne (Wexford, Fianna Fail) | Oireachtas source

With regard to inducements, the Bill is drafted in such a way that they cannot be targeted. We had an alternative position at the start when we were drafting this Bill of trying to cover everything, which we could not do. It became impossible so we flipped to a position where an inducement cannot be offered unless it can be offered to everybody and that people can walk in off the street and get whatever the case may be. It stops any targeting of inducements whatsoever but allows companies to continue to provide general offers to the public because that is a natural part of competition. It does not prevent somebody who has a problem taking advantage of an offer but that offer has to be made available to everybody.

Regarding amendment No. 79, in drafting this Bill I consulted with the Data Protection Commission and the commission did not specify a need for such a provision to be included. On that basis, I am not satisfied that such a provision is necessary.

With regard to amendments Nos. 80, and 82 to 86, inclusive, consistent with the policy intention I outlined in respect of amendment No. 77, amendment No. 80 provides that a person shall be placed on the register for an indefinite period and an exclusion will exclude them from gambling with all remote gambling licensees.

Amendment No. 82 removes a reference from section 44(5)(d) as to which individual or specific gambling activities a person will be excluded from, as now, a person on the register will be excluded from participating in all gambling activities provided by remote means.

Amendment No. 83 removes the need to include specific licensees’ data on the register and persons will be excluded from gambling with all licensees the register applies to while amendment No. 84 amends section 44(6) to provide for an obligation on the authority to notify licensees of new persons entered on the register while amendment No. 85 is a technical amendment to section 44(7) to remove a duplicate word.

I cannot accept the Senator's amendment No. 81 - but it is important to clarify this - as section 45(1)(c) provides that a licensee shall not communicate with a person on the national gambling exclusion register and any licensee that does so shall be guilty of an offence and subject to up to five years' imprisonment, or a fine, or to both.

Amendments No. 87 and 88 clarify that licensees that provide gambling activities by remote means shall not allow a person to the register to participate in gambling activities with that licensee once that person is on the register.I cannot accept amendment No. 89 as section 45(1)(c) of the Bill provides that a licensee shall not communicate with a person on the national gambling exclusion register and any licensee that does so shall be guilty of an offence and subject to up to five years imprisonment, or a fine, or both. Licensees will need to collect and maintain data on those, excluding via the register for the purposes of fulfilling their obligations under the Bill.

Amendments Nos 89 to 94, inclusive, are consequential amendments to section 45 to reflect the updated policy that a person on the register shall be excluded from all gambling activities and from all licensees who provide gambling by remote means.

Amendment No. 94 provides that a person who has applied to be entered on the national gambling exclusion register must remain on the register for a period of at least six months from the date of registration. If they wish to be removed, they must do so in writing to the authority. On receipt of such an application, the authority must satisfy itself of the applicant’s identity, remove the applicant from the register as soon as is practicable, and inform the person of their removal.

I cannot accept amendment No. 95 as I will be bringing a range of amendments to the provisions relating to the operation of the national gambling exclusion register which have the same effect as the Senators have proposed.

Amendment No. 96 inserts a new section into the Bill providing that the authority shall review the operation of the register three years after its establishment, and every three years thereafter. It must submit a report with any recommendations to the Minister, as the authority feels are necessary to improve the operation of the register.