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 us…

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 alre…

The matters raised in amendment No. 8 are already addressed within the Bill. Section 33 provides that the authority may consider existing emerging practices in gambling and gambling activities, including activities that are similar to or may be gambling. Where the authority identifies an issue of concern, it shall prepare and submit a report with any recommendations to the Minister for consideration. I am satisfied that the matters raised by the Senators are already provided for through a comprehensive review of th…

It is a matter of law that all persons and bodies are bound by the provisions of the GDPR and the 2018 Act. The law is strict as regards a person’s health and financial data. It is not the role of the authority to request or receive sensitive health-related information in respect of people who are gamblers, neither is it permissible for the HSE to share such data. In that regard, I will not accept amendment No. 9. However, as part of its research function, the authority will be liaising with public health bodies an…

I will respond to amendments Nos. 11 and 12 together. It is important to reiterate that in drafting this Bill, I consulted the Data Protection Commission and the commission did not specify a need for such a provision to be included. Furthermore, the national gambling exclusion register prohibits licensees from communicating with any person on the register. Licensees need to maintain a certain amount of data in order for the system to interact with the register and verify the identities of people excluded from gambl…

As noted on Committee Stage, the policy underpinning the Bill is to regulate gambling in the State, with an emphasis on ensuring that there are public health protection measures to protect vulnerable gamblers. All gambling is to be regulated through the Bill, and that includes games run by charities and sporting organisations under the advertising piece. A number of other amendments have been included to acknowledge the distinction between charities, sporting organisations and other philanthropic organisations and …

I thank Senator Ruane for tabling this amendment. Unfortunately, I cannot accept it for two reasons. First, all persons and bodies hoarding personal data are obliged to comply with the obligations set out in general data protection regulation and the Data Protection Act 2018. This is an existing legal requirement, and I cannot see a need for any person to make a statement as to how they intend to comply with domestic and European law. In fact, I would find it highly irregular and concerning if they did not intend t…

On amendment No. 16, as the Senators will appreciate, at its core, the Bill is a public health measure aimed at protecting people from gambling harm, including children, younger people and those more vulnerable in our communities. In this context, section 159 includes extensive provisions concerning the sponsorship of events by licensees to protect children, breaches of which constitute a criminal offence. With respect to events aimed at adults, I am satisfied that section 144(4) empowers the authority to regulate …

What is proposed in amendment No. 19 is provided for in the Bill and addressed in sections 162 and 163, which will oblige licensees to train their staff to a standard approved by the authority on these issues. In that context, I cannot accept the amendment. I cannot accept amendment No. 24 as it raises matters that come under the remit of the Central Bank concerning unlicensed financial payment providers. This is a matter for the Central Bank to address and, in addition, it would be impractical to place such an obl…

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 op…

It was previously drafted in such a way that it was a positive affirmation that gambling companies could provide inducements. It was then a clarification that it could not be provided to individuals or groups. The positive affirmation was not actually needed and I agree that was redundant. I had concerns with it myself when I looked at it more carefully. That positive affirmation is removed. We have also put in the power for the gambling regulatory authority of Ireland to put in further restrictions as it sees nece…

I welcome the opportunity to present this Bill to the Seanad. It is short but important legislation that addresses constitutional infirmities in law recently identified by the High Court. I thank Senator Ward, who has done a large amount of extremely important work in respect of the legislation. Last month, the High Court ruled that a person who commits murder when under 18 but who turns 18 years before sentencing cannot be subject to the mandatory life sentence for murder. The mandatory life sentence for murder is…

I thank the Senators for their contributions. I will address a number of matters when dealing with amendments on Committee Stage. In particular, I would like to outline why treason is not included, particularly as that is an obvious issue. We are not including treason at this time. The purpose of the Criminal Justice (Amendment) Bill 2024 is to deal with infirmities identified by the High Court in a limited and targeted way, that is to disapply the mandatory life sentence for murder for those who have aged out. It …

I certainly hear Senator Ward's frustration. He was very much to the forefront in seeking legislation to address what is an unconstitutional element in our legislation. Senator Ward deserves significant praise for this. He highlighted it to the Department a long time ago. Unfortunately, perhaps through not heeding the Senator's warnings, we have ended up in a situation where urgent legislation must be passed. I expect the Department to address the treason situation quite urgently. Drafting can be done quite quickly…

I will frustrate Senator Ward again by saying he makes eminently sensible points on the sentencing options, the principles of which I agree with. The general scheme of the children (amendment) Bill was published in July by the Minister, Deputy McEntee, and will go to pre-legislative scrutiny in the very near future. I agree with Senator Ward. I agree with the sentiment and the drafting of the amendment but, at this moment in time and with the urgency of the Bill, there has not been an opportunity to scrutinise the …

I recognise there is currently no power to suspend sentences for children and this is being addressed in the general scheme of the children (amendment) Bill 2024, which I previously discussed. As I mentioned, the general scheme was published in July. During the development of proposals in this general scheme, my Department consulted widely on this issue, including with the Judiciary. The general consensus of those consultations was that suspended sentences are not appropriate for children. This is because the child…

I thank the Minister of State, Deputy Lawless, for bringing forward this very important legislation, the Merchant Shipping (Investigation of Marine Accidents) Bill, and compliment him on really hitting the ground running since his appointment as Minister of State at the Department of Transport and bringing forward some really important legislation and reform and doing Kildare North very proud. I come from a marine county, County Wexford, where we have a very proud history and heritage in the seafaring world. We hav…

Regrettably, I cannot accept amendments Nos. 338 and 339. As I previously mentioned, the amounts set in Schedule 2 of the Bill are based on the limits introduced in 2019 to the Gaming and Lotteries Act 1956. They are a direct continuation of the measures, albeit modernised, already in operation. Maintaining and complying with these limits as an initial baseline should cause no problem for those currently providing gambling activities in the State. Furthermore, these amounts will not be set in stone. As Senators wil…

Amendments Nos. 128 to 135, inclusive, restructure and clarify some of the language and terminology used in section 83. In particular, amendment No. 135 reframes and moves the provisions of section 131 into section 83 on betting licences and for clarity and for visibility to continue to allow the authority to prescribe what activities and events may not be the subject of betting. A practical example of this would be prohibiting bets on an incident at a sporting event that could lead to the commission of a criminal …

I respectfully disagree. The thrust of the legislation is to regulate all gambling within the State with a particular emphasis on ensuring that there are public health protection measures to protect vulnerable gamblers. All gambling is to be regulated through the Bill and that includes games run by charities and sporting organisations, although the advertising piece and a number of other amendments have been included to acknowledge the distinction between charities, sporting organisations and other philanthropic or…