Problem Gambling

Debate between Lord Deben and Lord Ashton of Hyde

Tuesday 2nd July 2019 Lords Chamber

[Lord Ashton of Hyde]

I do not see why the noble Lord thinks that the proposal will not make a difference, but it is in addition to other areas. It works in sync with the fact that there is now agreement to use online technology to target gambling advertisements away from people identified as being at risk of problem gambling. Responsible gambling messaging will be increased and the tone and content of marketing will be reviewed. That is an addition to the previous commitment that the noble Lord mentioned of a whistle-to-whistle ban and the funding of a new multimillion-pound responsible gambling advertising campaign led by GambleAware. We are asking gambling firms to act responsibly. Where they do not, we will continue to talk to them as we have—the results of which have come today. We are not, however, ruling out legislation. We expect change and we expect firms to behave responsibly, but if they do not we will have to take other measures.

[Lord Deben (Con)]

I remind the House of my declaration of interest. I just do not understand this—I really do not. I do not think I can be accused of putting forward the Methodist point of view but, given that we have this agreement, why can we not set in train plans for some sort of legislation? That seems sensible. Secondly, given that the chief executive of one of the firms joining in this year paid herself four times the amount of money that the whole industry is putting into this scheme, is the amount sufficient? How do we expect those firms that have not joined in—the 50%—to join in? Is it not necessary to say to them, “You have not joined in voluntarily, so the first thing that will happen is that everyone has to join in up to the level voluntarily agreed”?

I want to see this move on and I ask my noble friend to accept that there is problem gambling, and that we should make gambling more difficult. So why is it possible to gamble on credit? That cannot be right. It should never be possible to gamble on credit. That is the first thing the Government could stop.

[Lord Ashton of Hyde]

As I said, the Gambling Commission has just finished taking evidence on that very subject and it is something that we will look at. The Secretary of State has indicated that it is an area that concerns him. We have to work on the basis of evidence, but that evidence has been collected and I assure my noble friend that it is an area being considered at the moment.

I just do not think there is any connection between the amount that a private owner of a gambling company pays him or herself and the issue. The issue is: where is the harm to the just under 1% of problem gamblers and how are we addressing it? Today’s announcement means that it will be addressed. Combined with the increase in NHS facilities, it means we are able to do a lot more to help problem gamblers than we have before. The remainder of the gambling industry not among those five big companies will be under no illusions after today. Hitherto, we were told that a voluntary system could not work and today we have increased the amount available tenfold. We will see what the remaining 50% of companies do, but it is much better to get people to contribute the right amount voluntarily than to make regulations for the sake of it. But we will monitor that and regulation will come if it is necessary.

Gambling: Fixed-odds Betting Terminals

Debate between Lord Deben and Lord Ashton of Hyde

Tuesday 10th July 2018 Lords Chamber

[Lord Ashton of Hyde]

I am pleased to inform the right reverend Prelate that we have already started the process needed to implement the necessary change. As I have already outlined, the measure will be brought forward through secondary legislation and we have made good progress in starting to draft the statutory instrument required. That will then have to go through a process, including notifying the European Union under the EU Technical Standards and Regulations Directive. Finally, as the previous Secretary of State said last month, in order to cover any negative impact on the public finances, the change needs to be linked to an increase in remote gaming duty at the relevant Budget.

[Lord Deben (Con)]

My Lords, does the Minister agree that this is a Treasury matter and the reason it is being held up is precisely because of that last point—the Treasury makes money out of it? This is not right. We want this change because this gambling causes misery and ought not to continue. It is not good enough to plead administrative difficulties; these people should stop, and stop now.

[Lord Ashton of Hyde]

No, that is not right: it is a DCMS matter. My noble friend is right that the remote gaming duty is a Treasury matter. We completely agree that these gaming machines cause harm. However, there is a process that has to be gone through when such measures are implemented. We have to take into account not only the harm to gambling but the harm to employment that will be caused by this.

Cultural Property (Armed Conflicts) Bill [HL]

Debate between Lord Deben and Lord Ashton of Hyde

Tuesday 6th September 2016 Lords Chamber

[Lord Deben (Con)]

I beg the House’s pardon, but there is a little bit of a problem here, given that this is exactly the time that we in this country should be very careful about our international obligations. As we are busy trying to untangle ourselves from entirely sensible international obligations because of very un-sensible policies, this is the moment to make sure we do not make any other mistakes, and I hope very much that we will pass this amendment.

[Lord Ashton of Hyde]

My Lords, I will address the noble and learned Lord’s amendment and the clause stand part amendment together, but will just start with the noble Lord, Lord Deben, who talked about not making any mistakes in our international obligations. I respectfully point out to him that this international obligation was made in 1954 and has therefore been an obligation for a very long time. We all agree that we should pass the Bill so that we can ratify our international obligations and bring this into domestic law.

The amendment tabled by the noble and learned Lord, Lord Brown, and moved by the noble and learned Lord, Lord Brown, seeks to make the protection from seizure or forfeiture explicitly subordinate to any other international or EU obligations. It would enable a court to order the seizure or forfeiture of a protected object if it was obliged to make such an order by virtue of another international or EU obligation, whereas the present Clause 28 provides contains no such caveat. I understand the noble and learned Lord’s intention is to address concerns about potential conflicts with other EU or international obligations.

I also understand that, as the noble Lord, Lord Stevenson, explained, the amendment to omit Clause 28 altogether was tabled with the same intention, but in fact I think it was really tabled so that we could have a discussion of these issues, which we are doing now. For the record, if the amendment in the name of the noble Lord, Lord Stevenson, were accepted, it would in fact prevent us from fulfilling any of our obligations under Article 14 of the convention and Article 18 of the regulations.

The matter of potential conflicts with other international or EU obligations was raised, as the noble and learned Lord said, by both the Constitution Committee and the JCHR. We have replied to explain that it is, in our view, highly unlikely—as, again, has been said—that a conflict would arise between our obligations under the Hague convention and those under other international or EU laws. Clause 28 is required to implement our obligations under Article 14 of the Convention and Article 18 of the regulations for the execution of the convention. It requires us to provide immunity from seizure or forfeiture for cultural property that is being transported to another country under special protection for safekeeping in line with Article 12 of the convention. It also provides for cultural property under special protection for which the United Kingdom has agreed to act as depository in order to safeguard the cultural property during an armed conflict.

It is our view, which is supported by academic commentary, that the obligation to provide immunity from seizure contained in Article 14 of the convention is absolute. It is worth noting that no state parties, including the vast majority of other EU member states, have made any reservations in relation to the immunity from seizure obligations. We believe, therefore, that accepting the proposed amendment would be incompatible with our obligations under the convention.

It is important to note that immunity will apply only in extremely limited, prescribed circumstances, and only during an armed conflict between states. Stringent requirements must be fulfilled for cultural property to be transported under special protection. Given those extremely limited circumstances in which immunity will be provided, we think it highly unlikely that a conflict could arise in future between our obligations under the Bill and any other EU or international obligation. We note that the Convention is a specialist treaty regulating a very particular subject matter in situations of armed conflict.

In addition, if there were ever any concerns about potential conflicts, the UK could refuse to accept transport of cultural property under special protection to or through its territory. It can also refuse to act as depository.

The noble and learned Lord referred to comparisons that have been made between Clause 28 and the qualified immunity provided under the Tribunals, Courts and Enforcement Act 2007 to objects on loan to museums and galleries. Under that Act, the immunity provided is expressly subject to any international or EU law obligations that would require a UK court to order the seizure or forfeiture of the otherwise protected object. We can understand the reasons for the comparison, but it is our view that to make the immunity in the Bill automatically subordinate to all other international and EU obligations is unnecessary. The 2007 Act is a purely domestic piece of legislation designed to facilitate exhibitions at museums and galleries, whereas the Bill is implementing our international obligations to protect, in very precise circumstances, the world’s most important cultural heritage in times of armed conflict.

We are unaware of any existing conflicting EU or other international law obligation and can take the necessary steps to avoid any potential conflict arising. We note that the vast majority of other EU member states will also wish to avoid such a conflict arising, given that they also are bound by absolute obligation to provide immunity. If a conflict did arise with our EU obligations, my officials advise that, if necessary, the courts would interpret Clause 28 as implicitly subject to EU law. If a conflict arose with international obligations, the UK court would be bound to apply the domestic legislation, but if the other international obligation had also been incorporated into our national law, the conflict between the two pieces of primary UK legislation would have to be resolved by the court in light of the relevant treaty obligations.

I hope that the House will understand that it is not our intention to elevate our obligations under the Hague convention above all other treaty obligations, but, equally, we do not think they should automatically be relegated to the bottom of the pile. With that in mind, I should be grateful if the noble and learned Lord would feel able to withdraw his amendment and that the noble Lord, Lord Stevenson, would withdraw his objection to clause stand part.

Immigration Bill

Debate between Lord Deben and Lord Ashton of Hyde

Wednesday 9th March 2016 Lords Chamber

[Lord Deben]

I thank my noble friend for giving way. I still have a problem, and that is that we are making these major changes, but the Bill is still called just the “Immigration Bill”. Given that the Bill now covers things that are at a much further remove from immigrants, the Government really ought to think seriously about its Title. It really is something very different from that.

[Lord Ashton of Hyde (Con)]

My Lords, may I just remind the House that the Companion is very clear that, on Report,

“Only the mover of an amendment … speaks after the minister … except for short questions of elucidation”?

[Lord Deben]

If I may say so, I was asking for direct elucidation. I wonder whether the Minister would answer my question.

Syria: Refugees and Counterterrorism

Debate between Lord Deben and Lord Ashton of Hyde

Monday 7th September 2015 Lords Chamber

[Lord Deben (Con)]

My Lords—

[Lord Ashton of Hyde]

It is the turn of the Liberal Democrats.

--- Later in debate ---

[Lord Deben]

My Lords—

[Lord Ashton of Hyde]

My Lords, we have very little time. It is the turn of the Conservatives.

[Lord Deben]

Does my noble friend accept that the words of the most reverend Primate the Archbishop of Canterbury, remarking upon the fact that many Christians cannot stay in the camps because of intimidation, mean that the policy of the Government, which may be logical in every way, ought to be reconsidered in such a way that we can take those refugees who have had to leave the camps and find themselves on the continent of Europe? To refuse to do that would not represent or respect what the British people want.