Gambling: Fixed-odds Betting Terminals

Debate between Lord Dubs and Lord Gardiner of Kimble

Monday 9th February 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I know that DCLG is looking at that submission, and I very much hope that it will report on that shortly. However, of course we are also giving further powers to local communities by requiring planning applications to be submitted to local authorities for new betting shops.

[Lord Dubs (Lab)]

My Lords, will the Minister confirm that, despite the new measures, it will still be possible for a gambler to spend £100 every 20 seconds? What further inducement could one give to people who have social difficulties and who are problem gamblers than to make it so easy to lose so much money?

[Lord Gardiner of Kimble]

My Lords, the new measures will require those accessing stakes of over £50 to use account-based play or to load cash. However, interestingly, the Gambling Commission reported on Friday on its wish to raise the bar on social responsibility and working with operators to ensure that there is much more adherence to assisting people who gamble.

Recall of MPs Bill

Debate between Lord Dubs and Lord Gardiner of Kimble

Wednesday 14th January 2015 Lords Chamber

[Lord Gardiner of Kimble (Con)]

My Lords, I thank the noble Lord for his probing amendment and the debate that we have had on it. As he said, his amendment would introduce a further recall trigger where an election court finds a person or persons guilty of illegal practices in respect of a parliamentary election. The noble Baroness, Lady Hayter, rightly asked what consideration has, and could be, given to this suggestion.

Under the Representation of the People Act 1983 the result of an election can be challenged by any eligible person by lodging a petition with the relevant election court. The election court will first consider whether the MP was fairly returned. If the court, upon hearing the evidence, finds the candidate or other persons guilty of corrupt or illegal practices, it will produce a report. Any report produced will state the names of all persons who have been proved at the trial to have been guilty of corrupt or illegal practices, and it will be laid before the Director of Public Prosecutions.

A candidate or other person reported as guilty of corrupt or illegal practice shall not be able to: register as an elector or vote in any local government or parliamentary election held in the United Kingdom; be elected as an MP; or hold any elective office. In the case of a person reported as guilty of a corrupt practice—for example, personation—these incapacities will apply for five years. A person found guilty of an illegal practice—for example, double voting—will be subjected to these incapacities for three years. The incapacities will apply from the date of the report, and the person must vacate any elected seat held.

Under the noble Lord’s amendment, if an election court found that illegal practices by a person or persons had resulted in the election of an MP, but the MP was not found guilty of any offence, this would automatically trigger a recall petition. However, under Section 167 of the Representation of the People Act 1983, an MP would automatically be guilty if his agents were found to have engaged in corrupt or illegal practices during the election, and would therefore have to vacate his seat.

If the noble Lord believes that an MP should not automatically be found guilty because of the actions of others in securing his seat, that would require an amendment to the Representation of the People Act. I am sorry to disappoint the noble Lord, but it is the Government’s view that the system and penalties that we currently have in place under that Act are sufficient. For that reason, I ask the noble Lord to withdraw his amendment. I am most grateful for the comments that have been made. Although I cannot promise to bring anything more back, this has been a very interesting debate.

[Lord Dubs]

My Lords, I am grateful to the noble Lord for what he has said. I did, in fact, try to distinguish between illegal and corrupt practices to indicate that there was a degree of severity under the term “corrupt” that would apply less to “illegal”. He has merged the two. I am sorry that he will not look at my proposal in a lot of detail. I genuinely believe that there is an issue here, but unless the Minister can be persuaded to think further, I shall have to call a halt—tonight, at any rate—and I beg leave to withdraw the amendment.