Gambling (Licensing and Advertising) Bill Debate

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Baroness Heyhoe Flint

Main Page: Baroness Heyhoe Flint (Conservative - Life peer)

Gambling (Licensing and Advertising) Bill

Baroness Heyhoe Flint Excerpts
Tuesday 4th March 2014

(10 years, 8 months ago)

Lords Chamber
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Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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My Lords, the promotion and upholding of integrity is one of the key functions of all sports governing bodies and event organisers. The whole concept of sport is based on what is described as fair competition between participants under agreed rules. A vital principle for any sport is that all its participants are competing to win and that its officials are honest, and are seen to be so.

This amendment deals with a situation which could not have been forecast when the Gambling Act 2005 passed through this House and into law. At that time, the idea that people would somehow be able to vote without ever being close to or involved in a game was not thought of as likely to happen, and we certainly did not see, or have evidence to suggest that we had seen, any ideas that people involved in the betting industry—not the industry as a whole—might seek to use means to try to fix matches. The situation that emerged out of the 2005 Act is not one that we could have predicted; times have moved on. Therefore, we need to think hard about how to protect sports integrity as we move forward. Those who seek to influence the outcome or progress of sports events to secure rewards through betting undermine the very principles that I have been talking about. Worse than that, any suspicion that that is happening is almost as bad as the event itself happening. So some action needs to be taken.

The Government have been working with the Gambling Commission—and I give them credit for this—on how best to ensure that information flow is made available to those with responsibilities in this area. As a result, there is a series of regulations that operate, particularly licence condition 15.1, which ensures that information about practices that might be redolent of an event that has been fixed are brought quickly to the attention of the sports governing bodies and authorities so that action, if necessary, can be taken.

During the passage of the Bill in another place, my colleague in the Commons, Mr Clive Efford, spotted a gap in the overall approach being taken here, which is that the responsibility for spread betting is and continues to be with the FCA, which does not have the licence conditions—including licence condition 15.1—that apply to those organisations registered through the Gambling Commission itself. However, in the period since then there have been meetings and discussions, and I am very pleased that we have now got to a situation where, in respect of those bodies that are involved in regulating sports events, which include spread betting operated under the auspices of the FCA, the effect will be that licence condition 15.1 will apply, so that all information can be channelled to those who require it in a way that will allow them quickly to take action if required. This is terrific—and, if I am going to hear that from the other side, we will welcome it. It may influence how we take forward this amendment.

However, in closing I make one point. The situation that we will find ourselves in if what I hope is the case comes through is that those in scope to the Gambling Commission will have the effect of licence condition 15.1 applied to them. But if there were a situation in which a spread betting organisation were to start taking bets on gambling activity but was not in scope to the Gambling Commission, the information flows would be interrupted. Can the Minister reflect on that point and give us some information, if he has it, on that issue? Subject to hearing more about that, I am very happy to move this amendment and look forward to hearing what the Minister has to say in response.

Baroness Heyhoe Flint Portrait Baroness Heyhoe Flint (Con)
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My Lords, this amendment returns us to an issue that has already received considerable scrutiny. As we have heard, it is vital that national sports governing bodies receive information and intelligence about any untoward betting patterns as a matter of urgency so that they have the greatest opportunity to prevent corrupt activities and behaviour. Spread betting needs to be regulated just as effectively as fixed odds betting. Yesterday, the Minister informed noble Lords that the Gambling Commission is to extend the remit of its licensing code 15.1 to include spread betting in its information reporting requirements, as is placed on those who have a fixed odds betting licence. I commend this remit, because it will address most of the issues that sports bodies have raised. Presently, the two companies that offer spread betting also offer fixed betting and thus have Gambling Commission licences. Could my noble friend tell me when the Gambling Commission will introduce this new licensing code?

I am also pleased that in recent weeks the FCA has finally agreed to take responsibility on this issue, no doubt following pressure generated by noble Lords— I say, immodestly. It has come forward with proposals for its own industry guidance for spread betting companies that take bets on sport. This guidance will be broadly similar to that issued by the Gambling Commission, but there are two main areas where it will be deficient in comparison and concerns remain.

The first is that the guidance will not be made public. I find that somewhat curious. Surely, regulatory requirements set by public bodies should be open, transparent and accountable. How is the sports sector to have confidence in a regulation if it does not know what it says? How can it be used as educational material or act as a deterrent in the sporting world if we cannot show people the actual guidance? Can the Minister give an assurance that a way will be found to make sure that this guidance is made publicly available to those in the sports sector?

Secondly, the industry guidance issued by the FCA will not require as a statutory requirement that the spread betting company must share any information that it has, not just with the FCA but, most importantly, with sports governing bodies. Sports bodies understandably have ongoing concerns about the quality of information that they might eventually receive and the speed at which it will be made available. I gather that the reason for this is that the FCA says that its own statutes do not allow it to instruct spread betting companies to share information directly with sports governing bodies. That would be a major anomaly and a threat to sports integrity, should a spread betting firm operate without having a fixed betting arm. That means that it would not fall under the regime being proposed by the Gambling Commission. Can the Minister tell me what action the Government are taking to ensure that any future spread betting company that is established and does not have a fixed betting operator licence will still be subject to the same requirements that the Gambling Commission is introducing?

The easiest way in which to guarantee a level regulatory playing field between traditional and spread betting companies would be to transfer responsibility for sports spread betting from the FCA to the Gambling Commission, as the amendment would seek to do. I understand that there are powers contained in a Treasury-regulated activities order that would enable the transfer of sports spread betting from the FCA to the Gambling Commission, which may be a more suitable route to address the issue than in this Bill. Could the Minister give a commitment that that option will be further explored as a matter of urgency, and that, should there be any development of standalone spread betting companies setting up, we could expect to see the application of a transfer of sports spread betting from the FCA to the Gambling Commission using that Treasury-regulated activities order? That would ensure that sports integrity continues to be upheld.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble (Con)
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My Lords, I thank the noble Lord, Lord Stevenson, for tabling his amendment, which seeks to ensure that spread betting operators who hold a remote gambling licence from the Gambling Commission are required to report suspicious betting patterns to both the regulator and sports governing bodies under licence condition 15.1. Your Lordships have heard that my noble friend has tabled an amendment on that issue.

First, I acknowledge the determination with which Members of both Houses have pursued this matter—and the noble Lord, Lord Stevenson, mentioned one of his colleagues in the other place. The point about our deliberations is that it has undoubtedly led to more speedy progress.

As I said in Grand Committee, the Government take the issue of ensuring the integrity of sport very seriously. People must be able to trust that the sport that they are watching is fair and uncorrupted by cheating. The effect of this Bill will be that this will apply to all operators who offer remote gambling in the British market, regardless of where they are based, and information is at the very heart of the detection and disruption of any such corruption by regulators and sports governing bodies. But the Government believe that the following two-pronged approach achieves the objectives that noble Lords seek. This approach will ensure greater consistency in how suspicious activity is reported, and in a way that can be effectively enforced.

First, the Gambling Commission will soon be publishing its revised licensing conditions and codes of practice, which will include a change to licensing condition 15.1. This will make it clearer that, when a sports spread betting firm holds an operating licence with the Gambling Commission for its fixed odds activity, it will be required to report suspicious activity arising in relation to its sports spread betting activity. The revised licensing conditions will be published by the end of this month, and I say to my noble friend Lady Heyhoe Flint that the revised 15.1 will take effect in June.

Secondly, noble Lords will be aware of the FCA’s commitment to issue guidance for sports spread betting operators. The guidance will be issued under FCA Rule 15.3.17, which relates to the types of fraud and irregularities that must be reported to the FCA. The guidance will make it clear that the fraud and irregularities that will need to be reported by sports spread betting firms include suspicious sports betting. The FCA is also in discussion with the firms to put in place a mechanism by which information received by the FCA can be notified to the Gambling Commission and the relevant sports governing body. The finer details of the guidance are in the process of being finalised with the individual firms. However, I should make it clear that the underlying FCA Rule 15.3.17 is in place now.

I should say to the noble Lord, Lord Stevenson, and my noble friend Lady Heyhoe Flint that where a spread betting firm does not have a Gambling Commission licence, it will be bound by the updated FCA guidance, which will, of course, be mandatory.

We believe that the approach we are taking will work and will facilitate the appropriate sharing of information —the noble Lord, Lord Stevenson, particularly emphasised sharing of information, which is absolutely key to success—and it ensures that the licensing conditions, be it the expanded licence condition 15.1 adopted by the Gambling Commission, or the guidance issued by the FCA under the FCA rules, have a clear route back to the relevant regulator. Any failure to comply by an operator will be enforceable by the relevant regulator.

My noble friend Lady Heyhoe Flint asked a number of questions, seeking confirmation. As regards publishing the FCA’s guidance, as this is individual guidance it would not normally be made public. However, I will ask the two spread betting firms if they would be content to publish this individual guidance, once it is finalised. I should also mention that the first draft of the guidance was shared with the Gambling Commission, for its consideration and comment.

On best practice in information sharing—another point raised by my noble friend—I can confirm that the commission established the tripartite forum, involving betting operators and representatives of sports governing bodies. That forum continues to provide a space for debating these kinds of issues, which, again, is very important.

As regards future changes to the regulation of sports spread betting, I understand that there has been recent discussion between the FCA and the Gambling Commission as to whether the question of transfer needs to be revisited. Indeed, this matter remains very much alive. However, it is a very complex issue, and there was a deliberate decision at the time of the 2005 Act that it remain within the regulatory purview of the FCA as a financial services product. However, I can confirm that the mechanism for transferring the regulation from the FCA to the Gambling Commission is by amending the regulated activities order by statutory instrument. That issue was raised by my noble friend.

I hope that I have been able to reassure noble Lords that action has, and is being, taken on this important issue to ensure greater consistency in the way that suspicious activity is reported, and how this can achieved. The Government take this issue extremely seriously as the work currently going on around sports integrity and match fixing illustrates. We believe that the steps we are taking, and what noble Lords seek, is the right path. Indeed, we think that our approach goes somewhat further than what is sought in the amendments in so far as the new FCA guidance complementing an enhanced 15.1 provision is concerned. On that basis, I very much hope that the noble Lord will feel able to withdraw the amendment.

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Moved by
8: After Clause 4, insert the following new Clause—
“Cheating at gamblingCheating at gambling: amendments to section 42 of the Gambling Act 2005
(1) In section 42 of the Gambling Act 2005, in paragraph (a) of subsection (4), for the words “two years” substitute “ten years”.
(2) In section 42 of the Gambling Act 2005, after subsection (3) insert—
“(3A) Without prejudice to the generality of subsection (1), cheating at gambling may, in particular, consist of—
(a) a person engaging in conduct that corrupts or would corrupt a betting outcome of an event or event contingency—(i) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or the event contingency, and(ii) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency (whether or not a financial advantage was actually obtained or a financial disadvantage was actually caused),(b) a person offering to engage in, or encouraging another person to engage in, conduct that corrupts or would corrupt a betting outcome of an event or event contingency—(i) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or event contingency, and(ii) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency (whether or not a financial advantage was actually obtained or a financial disadvantage was actually caused),(c) a person entering into an agreement or arrangement in respect of conduct that corrupts or would corrupt a betting outcome of an event or event contingency—(i) knowing that, or being reckless as to whether, the conduct the subject of the agreement or arrangement corrupts or would corrupt a betting outcome of the event or event contingency, and(ii) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency (whether or not a financial advantage was actually obtained or a financial disadvantage was actually caused),(d) a person encouraging another person to conceal from a relevant authority conduct, or an agreement or arrangement in respect of conduct, that corrupts or would corrupt a betting outcome of an event or event contingency—(i) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or event contingency, and(ii) intending to obtain a financial advantage, or cause a financial disadvantage, in connection with any betting on the event or event contingency (whether or not a financial advantage was actually obtained or a financial disadvantage was actually caused),(e) a relevant person—in each case, where the relevant information possessed by that relevant person is relevant to the bet concerned.(i) betting on an event or event contingency, or (ii) encouraging another person to bet on an event or event contingency in a particular way (whether or not that other person actually bet on the event or event contingency concerned), or(iii) communicating the relevant information possessed by that relevant person, or causing that relevant information to be communicated, to another person who the first person knows or ought reasonably to know would, or would be likely to, bet on the event or event contingency (whether or not that other person actually bet on the event or event contingency concerned),in each case, where the relevant information possessed by that relevant person is relevant to the bet concerned.(3B) In subsection (3A)—
“bet” and “betting” includes (without prejudice to the generality of section 9)—
(a) placing, accepting or withdrawing a bet, and(b) causing a bet to be placed, accepted or withdrawn,but, for the purposes of subsection (3A) only, shall be limited to bets placed, accepted or withdrawn by means of remote communication,“causing a financial disadvantage” includes—
(a) causing a financial disadvantage to another person, and(b) inducing a third person to do something that results in another person suffering a financial disadvantage—whether the financial disadvantage is permanent or temporary,“conduct” means an act or omission to do an act,
“conduct that corrupts or would corrupt a betting outcome of an event or an event contingency” means conduct that—
(a) affects or, if engaged in, would or would be likely to affect the outcome of any type of betting on the event or event contingency, and(b) is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of any type of betting on the event or event contingency,“encouraging” includes inciting, inducing, persuading, urging, threatening or pressurising,
“engaging in conduct” means—
(a) doing an act, or(b) omitting to do an act,“event contingency” means a contingency connected to an event,
“obtaining a financial advantage” includes—
(a) obtaining a financial advantage for oneself or another person, and (b) inducing a third person to do something that results in obtaining a financial advantage for oneself or for another person, and (c) retaining a financial advantage that one has,whether the financial advantage is permanent or temporary,“relevant authority” means—
(a) a member of a police force, or(b) the Commission, or(c) any person or body listed in Schedule 6, or(d) any other authority of a kind as may be prescribed by the Secretary of State by order,“relevant information” means information in connection with an event or event contingency about conduct that corrupts or would corrupt a betting outcome of the event or event contingency,
“relevant person” means a person who possesses relevant information and knows that, or is reckless as to whether, that relevant information is about conduct that corrupts or would corrupt a betting outcome of the event or event contingency.
(3C) A person will be taken to have intended to obtain a financial advantage, or cause a financial disadvantage, if, and only if, that person—
(a) intended to obtain a financial advantage, or to cause a financial disadvantage, in connection with betting on an event or event contingency, or(b) was aware that another person intended to obtain a financial advantage, or to cause a financial disadvantage, in connection with betting on an event or event contingency as a result of the conduct concerned.””
Baroness Heyhoe Flint Portrait Baroness Heyhoe Flint
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My Lords, I move this amendment because I believe passionately in the power of sport, which does so much good in society. I believe that we have a duty to protect sport from those who seek to interfere with its integrity for financial gain by match fixing.

We recently had an excellent debate in Grand Committee about the importance of competitive sport—the skills, health benefits and pleasure that it brings to millions who take part in it. Sport, whether people take part in it or watch it, has the power to unite a nation and thrill the billions who watch across the world. All this is threatened by match fixing. If supporters cannot trust an event to be genuinely clean and fair and an honest competition, it will diminish in value and all belief in its authenticity will be lost.

I am very sorry that my noble friend Lord Moynihan cannot be with us. He was intending to lead this amendment on cheating in gambling and he is of course an expert on the problems of this subject, having been Minister for Sport and, more recently, chairman of the British Olympic Association. He backs wholeheartedly this amendment and has in recent years been on working groups at the International Olympic Committee on match fixing. Perhaps I may remind this House that in the run-up to the Olympic Games in London 2012 it was interesting that the president of the International Olympic Committee at that time, Jacques Rogge, opined that the greatest threat to the Games in London was illegal gambling activity.

My noble friend Lord Moynihan wishes me to convey his apologies to noble Lords for not being present. Urgent business has taken him overseas. He asked me to relay just how important he sees the fight against the match fixers. He describes this amendment as vital. To use his words:

“Going right to the heart of integrity in sport and the fight against irregular and illegal betting is critical if we are to maintain the integrity of sport on which all international sport and, indeed, all sport depend. In my work at the International Olympic Committee, which has sought to define a common approach in the fight against irregular and illegal betting, we identified one of the most important things that can be done: to get nation states to strengthen their offences of cheating at gambling to influence sporting events”.

In Committee, several noble Lords urged the Government to look more widely at the legislative framework for gambling. Many of those who administer sport feel that there is now a need for clear and specific laws against match fixing to cover all activities which fixers might engage in around a sporting event, with clear definitions, including match fixing, spot fixing and the passing on of inside information. This would improve considerably the current Gambling Act which does not, as such, provide any specific definitions. They also want to introduce stricter penalties by increasing the current maximum sentence of two years to 10 years in line with the penalties applied to serious fraud offences. We are told that the low level of penalty in the Gambling Act is one reason why prosecutors may not seek to use this measure.

The measure would create a strong deterrent effect as sports bodies will be able to point to this legislation to warn and educate participants about the risks associated with being caught cheating. If the United Kingdom were to strengthen the legislative framework, it would become an exemplar nation on this issue and would catch up with the advances in such legislation in Australia. Perhaps it might catch up in cricket a little later as well. As an example, the England and Wales Cricket Board would like to see more effective measures taken against match fixing in other countries where cricket is played. It would be an advantage to be able to point to effective measures in our UK market before calling for improvement in other countries. In the absence of adequate legislation, the burden falls on sports governing bodies to prosecute offenders under their own disciplinary charges in circumstances where the sport does not have the same recourse to investigate as the police and other relevant bodies and does not possess the same deterrent penalties as with legislation.

The current offence of cheating is to be found under Section 42 of the Gambling Act 2005. It states:

“A person commits an offence if he … (a) cheats at gambling, or (b) does anything for the purpose of enabling or assisting another person to cheat at gambling”.

Noble Lords will immediately note that this is a very general clause which does not specifically criminalise the acts of fixing—either match fixing or the more common and harder to detect form of spot fixing. It simply is not designed to protect the integrity of sport. I believe that there has been only one prosecution under the Gambling Act in several years. Prosecutors instead use the fraud and conspiracy offences which were designed for different purposes and are now being used where possible to shoehorn in charges to fit a sports corruption context. It is of course worth reminding ourselves that we are not replacing any offences here. We are merely adding further strength to the fight against fixing which must equal best practice. As mentioned, there has been a dearth of criminal prosecutions under the Act for fixing offences in sport and I wonder whether that in part is reflective of the fact that the existing statutes were fundamentally flawed.

The Department for Culture, Media and Sport commissioned a report in 2010 into the integrity of sport. Its primary recommendation for government was that the definition of “cheating” in the Gambling Act 2005 should be reviewed and given greater clarity— as this amendment does. Will the Minister consider establishing a review into the most appropriate way to address the offence of cheating, as recommended by the DCMS Parry commission’s report in 2010?

Integrity in sport is a challenge for every Government and for every sports governing body in the world. It is our duty and responsibility to make sure that our domestic market is regulated as effectively as possible. I beg to move.

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, first, I thank my noble friend for moving this amendment. I very much agree with her and regret that my noble friend Lord Moynihan is not with us tonight. I thank all noble Lords for speaking in this debate.

Match fixing is an issue about which I know many of your Lordships feel very strongly. The Government fully share those concerns. Match fixing has no place in sport and we must do all we can to eradicate it. That is precisely why the Secretary of State held a match-fixing summit on 10 December and the Sport and Tourism Minister followed that up with a second meeting on 3 February. That work remains a priority. I emphasise that Ministers in the department see this as extremely important ongoing work.

My noble friend’s amendment suggests that Section 42 of the Gambling Act 2005, covering the offence of cheating at gambling, is inadequate in its current form. The Government recognise that sports governing bodies have concerns about that section. Indeed, sports governing bodies were invited on 3 February to provide case studies that they believe demonstrate the failings of Section 42 in dealing with gambling-related match fixing. The Government will consider any such evidence when it is supplied. We have received two case studies to date and are aware that there may be others in the pipeline. However, we have yet to see robust evidence demonstrating a problem with Section 42 as opposed to other factors such as lack of evidence. Indeed, lack of evidence of a link between match fixing and corrupt betting would make it difficult to pursue a successful prosecution under either Section 42 or my noble friend’s amendment.

I should also say to my noble friend Lady Heyhoe Flint that Section 42, as a gambling provision, can apply only where there is evidence of cheating at gambling, as has already been discussed. As the noble Lord, Lord Stevenson, said, that is why we have long established and recognised that other criminal offences may need to be used, given that match fixing can be realised in various forms.

The noble Lord, Lord Stevenson, also referred to Section 42 in the context of negotiations on the Council of Europe’s draft convention. The Government recently reviewed Section 42 in that context. All the legal teams and others came to the conclusion that Section 42 as currently drafted, together with other fraud and corruption offences already on the statute book, gives prosecutors the tools required to deal with the circumstances that might constitute match fixing.

As the noble Lord, Lord Stevenson, said, there have been some criticisms of the 2005 Act and, perhaps, some of its consequences. At the time, Section 42 was deliberately crafted to be a broad offence in which “cheating” was intended to have its normal, everyday meaning. The provision expressly extends to actions that involve actual or attempted deception or interference with the processes involved in the conduct of gambling or any other race, game, event or process to which gambling relates. That was done precisely to ensure that it could be used in a wide range of circumstances. That is why we are concerned about changing it. I emphasise that point.

Section 42 also clearly spells out that the offence is committed not just by the person who cheats but also by a person who does something for the purpose of assisting or enabling another person to cheat. That means that Section 42 already covers all the ground that my noble friend’s amendment seeks to add. Section 42 already applies to both remote and non-remote types of betting, whereas this amendment applies only to remote betting. We therefore believe the amendment could create confusion and that it is better to retain the existing provision for that reason.

My noble friend’s amendment would also raise the custodial tariff for Section 42 offences from two to 10 years. It has been argued that an increase in custodial sentencing will both act as a deterrent to those who may be involved in criminal match fixing, and influence law enforcement agencies to investigate and prosecute more cases.

I will explain to your Lordships why we believe that there is no need for a change in the tariff. The Government consider that the penalties in Section 42 remain proportionate and appropriate, and are consistent with other offences in the Gambling Act. There is nothing to suggest that the threat of a two-year jail sentence is not a sufficient deterrent or that law enforcement agencies do not take match fixing sufficiently seriously.

The UK has a number of legislative tools at its disposal to combat corruption of sports competitions. The toolkit naturally includes Section 42 of the Gambling Act 2005, where there is a link with betting. We can also use other fraud and corruption offences where that link with betting cannot be established. It does not mean that Section 42 is inadequate simply because it cannot be applied in every situation. When a sportsperson is found to be engaged in match fixing not linked to betting, the penalties under the bribery and fraud Acts are severe, as your Lordships have already said.

The fight against match fixing is not just about legislation. The UK’s approach to combating match fixing, based on effective collaboration between the Government, the regulator, betting operators, sports governing bodies and the law, is working and, indeed, is highly regarded internationally.

I emphasise that the Government take the fight against match fixing extremely seriously. I do not know whether the match-fixing summit was the first, but it is an indication that the Secretary of State and Ministers take this matter very seriously and want to work with the sports governing bodies.

My noble friend Lady Heyhoe Flint asked whether the Government would be prepared to undertake a formal review of Section 42, in line with what the Parry review suggested. As I said, in the cross-government review of Section 42 in the context of the European convention on match fixing, we concluded, and the legal advice was, that Section 42 was robust as written. However, of course we are willing to consider carrying out a review if and when sports bodies provide robust evidence demonstrating that there actually is a problem with Section 42. That is the position that we have come to.

I will be asking my noble friend to withdraw her amendment—not because we think that match fixing is not a priority; we do. The lawyers have looked at the provisions of Section 42 and we are of the view that, until we have proper and robust evidence that elements of Section 42 are not working properly, we think it is premature and unwise to move. I have not gone back to read Hansard, but I have been informed that Section 42 was drafted to capture as much of the conceivable parameters as possible. That is why it was couched in the way it was.

I have looked into this matter very strongly because I know that it is of extreme concern to the sporting world and beyond, to those who enjoy sport. I have looked into it. I have sought to outline the reasons why we think that Section 42 is robust but, as I said, we are willing and look forward to hearing from sports bodies if they can come forward with robust evidence, which we will then consider very thoroughly. In the mean time, I ask my noble friend to withdraw her amendment.

Baroness Heyhoe Flint Portrait Baroness Heyhoe Flint
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My Lords, we are moving into extra time. I thank the Minister for his responses and, in most cases, his assurances. I know that there has been a great amount of background work and energy put into what he referred to as a small or niche Bill. I thank the Bill team sincerely for the courtesy of the meetings which we have had and I apologise for not being fully attentive in the earlier debate on Amendment 4, when I think that I must have been dreaming in the outfield.

Perhaps I might reiterate that sport has had and has concerns and, to a certain extent, I am very aware of the fact that the Government are seeking to deal with them. In the eyes of sport and in the protection of its integrity, even though my noble friend the Minister referred to the Bill in the early days as a small Bill, I think that sport considers it to be a big Bill because this is a growing threat to the integrity of sport. I accept the assurances from the Minister in true sporting spirit. I came off the substitutes’ bench to support my noble friend Lord Moynihan, who bowled me a googly when he told me that he had to be abroad at this stage and was unable to contribute. I have a feeling that he may continue to pursue his concerns on his return but, in the hope that he will not then put me into the sin bin, I beg leave to withdraw my amendment.

Amendment 8 withdrawn.