James Browne (Wexford, Fianna Fail) | Oireachtas source

Regarding amendments Nos. 20 to 23, inclusive, on Committee Stage, a number of Senators raised concerns in respect of this section and a number of differing positions were expressed by different Senators. I consulted the Office of the Attorney General in respect of these provisions and was advised that the sections, as originally drafted, were somewhat legally ambiguous. That would put the courts in a difficult position as they would struggle to determine what was a permissible, well-regulated promotion that was open to everyone and what constituted inducement that was targeted at a person or a specific group of people, which would be prohibited and prosecutable. Furthermore, I was advised it would be live to the potential for challenges to the legislation on the grounds that it may constitute a disproportionate interference with their property rights under their right to earn a livelihood. This did and does not deter me from regulating this sector. However, the Bill is replete with the granting of significant regulation-making powers to the authority. This level of regulatory agility is designed to allow the authority to navigate this complex sector to be in a position to effectively regulate it and respond to various market practices in line with the public health policy grounding the legislation.

The sections were revised in order to provide clarity and achieve the desired objective. They have been revised again with a view to providing further clarity on this issue. The policy position remains rooted in the protection of public health. This is a broad and disparate industry, encompassing everything from our local and on-course bookmakers to multinational companies. There are numerous methods of interacting with the sector - in person, online and so forth - which broadens the challenge of regulating it in a manner that is meaningful and effective. The multinational aspect of this industry sets it somewhat apart from other sectors, such as the alcohol and tobacco sectors which typically are localised, so to speak, and involve the purchase of a product for ingestion by the person. On the other hand, there are numerous ways and methods of engaging in gambling activities, making it exceptionally complex to regulate. I am not in any way trying to differentiate the mental and emotional devastation and other forms of addiction from gambling addiction. I am highlighting some of the differences and challenges of legislating for their regulation in a manner that is legally robust and conceptually clear.

Following our debate last Wednesday evening, I re-examined section 157 to see if it could be amended further to provide clarification and some reassurance to Senators. In that context, I am tabling amendments Nos. 22 and 23.

Amendment No. 22 removes the clarification that a licensee may offer an inducement to the public and now states that inducements may only be offered in accordance with the provisions of the Bill. Amendment No. 23 provides for a clearer definition of what constitutes an inducement, again consistent with the Bill since publication.

The net effect of the Government’s amendments is that it shall be a criminal offence to offer a targeted inducement to a person or a specific group of people. Licensees will be restricted to only offers or promotions in compliance with any regulations made under this section. Regulations made under this section may impose conditions, including restrictions on the manner in which an offer is conveyed to the public and restrictions on the type of offers that may be offered to the public, and may also prohibit certain offers being made, taking into account the policies and principles set out in section 157(5). Failure to comply with the prohibition or any regulations shall be a criminal offence and subject to prosecution. This approach provides the clarity and addresses the matters raised by certain Senators in the amendments.

On this basis, I am satisfied the Government’s amendments address the Senators’ concerns, provide the necessary clarifications and reassurances, and positively strengthen this section. They strengthen it in relation to those who have concerns about the legislation not being tight enough.However, I do not agree with - and neither did the all-party Oireachtas committee propose - a complete blanket ban on all advertisement that may be a promotion or inducement by this industry. Those concerned have a constitutional right to earn a living. There is a distinction between this particular type of activity and some others where there is a ban. While there are really tight restrictions on the types of offers that can be made here, we do not support a complete and total ban.