James Browne (Wexford, Fianna Fail) | Oireachtas source

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 fund will be to support the provision of services for the treatment of compulsive or excessive gambling and this matter is already addressed in the Bill.

In respect to amendments Nos. 4 and 5, section 32 provides the authority with a broad mandate to undertaken, commission or collaborate with research projects in relation to gambling, including gambling addiction, the harms associated with excessive and compulsive gambling and to keep itself aware of emerging trends and developments in the gambling sector. Section 32 does not preclude any of these. Furthermore, I am satisfied that the authority has been given wide scope to develop its knowledge and expertise on all aspects of gambling, including those that are the subject of the Senators' amendments.

Similarly, I do not agree with prescribing every aspect of what the authority can or cannot research in primary legislation as being over-prescriptive generally has the opposite effect of restricting the scope of the provision, which is then contrary to the public health policy grounding the legislation, and could hinder the ability of the authority to research emerging or new features of this constantly changing sector.

I cannot accept amendment No. 6 as it is not necessary that members of the board of the authority must have explicit expertise in relation to data protection. All persons, whether on the board of the authority, in the employment of the authority or contracted by the authority, will be bound by the provisions of the Data Protection Act 2018. This is a general legal requirement applicable to all and is provided at subsection (4)(a). Additionally, bespoke expertise in data protection issues will be provided by the authority's own legal and data protection teams.

On amendment No. 7, as I have previously outlined, the authority has been given a broad remit to develop its own knowledge and expertise on all aspects of gambling and gambling activities. Section 32 provides that the authority may undertake, commission or collaborate with research projects in relation to gambling or gambling activities. The list provided for in the section is not exhaustive and would not preclude the authority from engaging in research relating to other matters it felt were necessary or appropriate. Furthermore, it is a key function of the authority to address unlicensed gambling and to ensure the protection of children.

For the reasons outlined, I believe the matters the Senators have raised are already sufficiently addressed within the Bill.