Sentencing Bill

Lord Foster of Bath Excerpts

Report stage
Tuesday 6th January 2026 Lords Chamber

Moved by

[Lord Foster of Bath]

95: After Clause 40, insert the following new Clause—
“Gambling addiction and disorders: assessment in pre-sentencing and of offendersThe Secretary of State must—(a) ensure that where any assessment used in the preparation of a pre-sentence report requires or allows an assessment of the individual’s mental health, alcohol or drug addiction, an assessment must also be made as to whether the individual has a gambling addiction or disorder;(b) ensure that where any system or method used for the assessment of the needs of offenders requires or allows an assessment of an offender’s mental health, alcohol addiction, or drug addiction, an assessment must also be made as to whether the offender has a gambling addiction or disorder;(c) ensure that, for the purposes of paragraph (b), if an assessment finds that the offender has had a gambling addiction or disorder, or is likely to develop such an addiction or disorder, appropriate steps shall be taken to minimise the possible occurrence or recurrence of such an addiction or disorder.”Member’s explanatory statement
This amendment seeks to place a duty on the Secretary of State to ensure assessments of gambling addiction or disorder are included in pre-sentencing reports and reports on offenders after sentencing.

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[Lord Foster of Bath (LD)]

My Lords, I declare my interests as chairman of Peers for Gambling Reform and chairman of Action on Gambling. Amendments 95 and 99 are based on concerns that I have previously expressed during earlier stages of our consideration of the Bill. At present, gambling disorder, unlike drugs and alcohol addiction, is not adequately addressed within the criminal justice system. Gambling disorder simply does not have parity of esteem with drug and alcohol addiction, and I believe that it should. The internationally agreed classification of mental disorders believes that it should and puts drugs, alcohol and gambling in a special subgroup of substance-related and addictive disorders. The Association of Police and Crime Commissioners believes that there should be parity. Our own NICE guidelines say the same and state that screening about gambling should occur at each point of contact with the criminal justice system.

However, at present, there is no parity of esteem and, as a result, we are failing to tackle one of the key issues that lead people to offend and reoffend. We know from independent research that, for example, a far higher percentage—over 25%—of the prison population suffer gambling harm than in the general population, and gambling is rife within our prisons. Yet current assessment of offenders rarely identifies gambling disorder because it is not adequately referenced in current and planned future assessment procedures. Support and treatment for gambling disorder are rarely available either in prisons or to those under the supervision of the Probation Service.

As a result, many individuals enter court or prison or start a non-custodial sentence without any assessment of whether gambling disorder contributed to their offence. Courts rarely then have access to gambling-specific reports, leaving judges without evidence to make an informed sentencing decision. There is no statutory gambling treatment requirement, leaving courts without structured, clinically guided alternatives to custodial sentences. Within prisons, or for those under the supervision of the Probation Service, treatment and peer-support options are largely absent. On release, continuity of care is, frankly, inconsistent, leaving individuals vulnerable to relapse and reoffending.

Amendments 95 and 99 seek to overcome these problems in terms of assessment and support for gambling disorders among offenders. They seek to give parity of esteem for drug and alcohol addiction and gambling disorders. I beg to move Amendment 95.

[Lord Timpson (Lab)]

My Lords, I know it is late, but it is important that I cover a number of very important points. I must begin by paying tribute to the noble Lord, Lord Foster. He has shown extraordinary tenacity and leadership in tackling gambling addiction and harms in the criminal justice system. I have certainly learned a lot from my conversations with the noble Lord on the subject and it is no exaggeration to say that, without his interventions, I would not have fully appreciated the importance and significance of gambling addiction in driving offending. I also reflect back on leading a business where, if I had been more aware of problems with gambling addiction, I could have supported colleagues in a better way.

I can assure the noble Lord that this is now a personal priority of mine. I accept that there is more to do to ensure that there is parity of esteem between gambling addiction and more commonly recognised addictions such as to drugs and alcohol. This work must be done urgently and I have tasked my officials to get on with ensuring that this is taken forward. I am firmly committed to identifying offenders’ problems, whether they be drug, alcohol or gambling addictions, to ensure that they can access the support they need to help turn their lives around and reduce reoffending. But, although we agree wholeheartedly with the spirit of Amendment 95, we do not believe that legislation is needed. There are already multiple opportunities for an offender’s needs to be identified, including via pre-sentence reports. Staff are also encouraged to consider gambling-related risks in risk assessments and rehabilitation planning.

To ensure a consistent approach throughout the criminal justice system, probation and prison staff use a single tool: the offender assessment system, OASys for short. I recognise that OASys provides minimal overt prompts to encourage them to take gambling harms and addiction into account, compared with drugs and alcohol addiction. However, a new tool known as ARNS is replacing this. An early version is now operating in four probation regions. To ensure we focus more closely on gambling, ARNS is already testing updated questions including: is the person affected by gambling? This is in the finance section. If the answer is yes, the tool automatically prompts for further details. Additionally, the new ARNS sentence plan, due to be rolled out nationally from March this year, already includes gambling-related rehabilitative goals for relevant individuals. However, I accept that such a question is probably not best placed in the finance section and we will review this, based on advice from experts in the field.

The Government are committed to working with experts in the gambling sector as we develop, test and refine our approach this year. We have therefore invited a world-renowned expert on gambling addiction, Dr Matt Gaskell, to advise the ARNS project as a member of its academic expert group, and I am very grateful to the noble Lord, Lord Foster, for introducing us to him. We will collaborate with Dr Gaskell and the practitioners testing the tool to establish how to make it work, based on the evidence they present. We will take a proportionate and evidence-led approach in determining how and when assessments are completed. To confirm, I am committed to giving gambling addiction parity of esteem. Our approach will continue to evolve, guided by evidence and informed by expert advice to improve outcomes. I am excited to convene a gambling round table in the coming months, bringing together leading voices to share valuable insights. I am looking forward also to touring the country to speak to probation officers this spring and will share the importance of gambling addiction with them then.

I also thank the noble Lord for tabling Amendment 99. As with Amendment 95, I agree entirely with the principle of supporting offenders to reduce reoffending. Many rehabilitative interventions are already available for individuals with a gambling addiction or disorder. These include support with thinking and behaviour, debt advice, relationships, homelessness and unemployment. Mutual aid groups such as Gamblers Anonymous also have a very important role to play.

I recognise that there is more to do to improve access to mutual aid across the estate, not just for gambling but also for drugs and alcohol. It is a personal aim of mine to ensure that all prisons have weekly access to Gamblers Anonymous, Alcoholics Anonymous and Narcotics Anonymous meetings, and I want to work closely with these fellowships to achieve this. I am pleased that Gambling Anonymous is already operating in 11 prisons and I am sure that many prisoners benefit from its support. HMPPS has established a forum for mutual aid fellowships to help identify and tackle barriers to access. With the support of forum members, HMPPS has developed guidance for prisoners on facilitating access to mutual aid and is co-developing promotional materials. The forum includes Gamblers Anonymous and I am grateful for its ongoing support and collaboration.

Recognising that there is more we need to do, we are working with health partners to ensure that pathways to treatment and recovery services are accessible for people in the criminal justice system. This includes support with thinking and behaviour, debt advice, relationships, homelessness and unemployment. We are working with health partners in the scoping and development of future work undertaken through the treatment strand of the gambling levy programme, which will be allocated 50% of funding from the levy. Funding from the statutory gambling levy will further bolster the support available, and the Government have committed to publishing an annual report on the progress of the levy.

Pilots are already in place to strengthen treatment provision in criminal justice settings across both NHS and third-sector providers. NHS England is committed to building on these pilots to ensure treatment interventions are robust, effective and evidence led. It is working hand in hand with the Office for Health Improvement and Disparities, which lead the prevention strand of the levy, to deepen our understanding of prevalence and inform future approaches to screening.

I therefore do not believe that further legislation is required. Our focus is on strengthening delivery and transparency. Instead, I commit on the record that, before the Summer Recess, I will write to the noble Lord, in partnership with my counterpart in the Department of Health and Social Care, Minister Dalton, on the joint progress that we have made in this area. I will also write to the stakeholders and experts that the noble Lord is working with to update them on the progress that the noble Lord has made in ensuring the Government take this issue forward urgently, as well as to reaffirm our commitment and approach. For the reasons I have outlined, I encourage the noble Lord to withdraw his amendment.

[Lord Foster of Bath (LD)]

My Lords, I thank the Minister for what have been very constructive conversations on these issues, both with him and his officials. In light of what he said, I hope he will be willing to sign up as a member of Peers for Gambling Reform. I also thank him for the incredibly generous compliments he gave me at the start of his speech. It was the former Prime Minister Lord Palmerston who said, “Flattery is the foot soldier of diplomacy”. However, feeling as strongly as I do about these issues, I have to admit that flattery alone would not have persuaded me to give up my campaign to see gambling harm given a far greater priority in the criminal justice system. But beyond flattery, the Minister has given a very personal and powerful commitment to seek to achieve that which I have been trying to seek as well—indeed, he has perhaps gone even further. I am enormously grateful for that, and, in the light of it, I beg leave to withdraw my amendment.

Amendment 95 withdrawn.