James Browne (Wexford, Fianna Fail) | Oireachtas source

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 of "remote means" covers personal gaming devices and consoles.Such devices cannot operate without access to the Internet to use online and in-gaming services and it is difficult to clearly define these devices in legislation. While a gaming console could possibly be defined, the term "a personal gaming device" is more problematic. Given that almost every device has multiple uses these days, it could be a phone, tablet, e-reader or anything else capable of offering games. It is inadvisable and not the proper practice to be overly prescriptive in primary legislation as it tends to have the opposite effect than intended and of narrowing what is captured by the Act. This is particularly important when regulating an industry that is constantly changing at a rapid rate. I am therefore satisfied that these devices are already captured by the Bill and in that context, I regrettably cannot accept the Senator's amendment, though I certainly agree with her intention.