Lord Gardiner of Kimble
Main Page: Lord Gardiner of Kimble (Non-affiliated - Life peer)Gambling (Licensing and Advertising) Bill
Lord Gardiner of Kimble Excerpts(10 years, 11 months ago)
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Lord Gardiner of Kimble (Con)
My Lords, the Bill is a prudent measure, seeking to increase public protection for consumers based in Great Britain by tightening current legislation to ensure that all remote gambling, whether provided by British or overseas suppliers, is a licensed activity subject to the Gambling Commission’s standards and controls. This is a small but significant Bill, the key purpose of which had broad support across all sides in the other place. In fact, this Bill has its origins in the previous Administration’s review of the remote gambling regulatory framework.
Remote gambling is gambling in which people participate by the use of remote communication—internet, telephone, television or other kinds of electronic communication. Remote gambling is on the increase year after year. According to the latest Gambling Commission statistics, it has increased by 5% from last year alone, fuelled by the spread of fast internet connections and the use of mobile phones.
The Gambling Act 2005 currently regulates those operators who have at least one piece of their remote gambling equipment in Britain, described as,
“at the point of supply”.
These operators are required to hold a Gambling Commission licence and are subject to the commission’s licence code and conditions. However, there is no such requirement for remote gambling operators based wholly overseas. The Gambling Commission estimates that around 85% of remote gambling activity by British consumers currently takes place with operators that the commission does not regulate, and that includes many of the well known high street brands. This is a sizeable proportion outside the scope of the British regulatory regime. While these operators are governed by the regulatory regimes of the jurisdictions in which they are based, British consumers can experience varying levels of protection.
Given the increasing number of British consumers using these services, it is time to extend the regulatory framework established by the 2005 Act to this growing market. We need to move with the times and ensure that British consumers enjoy consistent consumer protection in an age where the use of technology is prevalent and means that operators transacting with British consumers can be based anywhere in the world.
The increased accessibility to online gambling products means that we need to take this opportunity to ensure that the Gambling Commission can monitor and respond swiftly and effectively to developments in remote gambling. While the current arrangements have not as yet led to widespread problems for consumers, the Government are committed to staying ahead. The market is growing and we need to take this opportunity to give the Gambling Commission the ability to identify and understand emerging issues before they manifest themselves on a larger scale.
The Bill therefore seeks to extend the regulatory regime established by the 2005 Act to all remote operators that seek to advertise and sell into the British market, whether they are based in Britain or abroad. In this sense, the regulation of remote gambling will move from the point of supply to the point of consumption by consumers.
With this change, all remote gambling operators advertising and selling into Britain will be required to hold a Gambling Commission licence, making them subject to robust and consistent regulation by the commission, increasing protection for British consumers; supporting action against illegal activity, including sports betting integrity; and establishing fairer competition for British-based operators. As licence holders, they will be required to comply with the Gambling Commission’s licence code and conditions, which include social responsibility and technical standards requirements, including licence conditions that protect children and vulnerable adults. It means, too, that for the first time all remote gambling overseas operators will also have to inform the Gambling Commission about suspicious betting patterns to help to fight illegal activity and corruption in sport. The recent allegations of match fixing illustrate the importance of extending this requirement to overseas operators, and the Financial Conduct Authority will further strengthen the existing arrangements by issuing new guidance to sports spread betting operators about their requirements to notify of suspicious market activity.
Advertising is of major importance to operators and central to their ability to attract custom; in many ways it is their life-blood in a very competitive market. The Bill will bring operators’ ability to advertise in Britain in line with the new regulatory regime. As a result of the Bill, all remote gambling operators wishing to advertise to British consumers will be required to hold a Gambling Commission licence. The requirement for a licence means that a failure to comply with the advertising codes of practice, which seek to ensure that adverts do not glamorise gambling, exploit vulnerable people, appeal to children or suggest gambling as a solution for financial difficulties, could result in an operator losing their licence. The loss of their licence would mean they could not advertise in Britain, which would go to the heart of the viability of their business.
The change in the licensing regime means the end of what has become known as the white list. At present, operators based in the EEA, including Gibraltar, or in a non-EEA country designated by the Secretary of State, are able to advertise remote gambling to consumers in Britain without a British licence. Those countries, known as the white list countries, include Antigua and Barbuda, the Isle of Man, the States of Alderney and Tasmania. The list was closed in 2009, pending the outcome of the consultation on the proposal for the Bill. The white list will be repealed by the Bill, and all operators, whether based in the EEA or elsewhere, will require a British licence.
The Bill also creates a new offence of unlicensed advertising of remote gambling in Northern Ireland, which has been welcomed and agreed by the Northern Ireland Executive and Assembly. Unlike Scotland and Wales, gambling is a devolved matter in Northern Ireland, but the law there is silent on remote gambling. For that reason, Section 331 of the 2005 Act, which prohibits the advertising of remote gambling by an operator from a non-EEA or white list jurisdiction, was also extended to Northern Ireland. The changes being brought in by this Bill require the repeal of Section 331.
The Northern Ireland gambling laws are currently in the process of being rewritten and updated. In the mean time, the Government and the responsible Northern Ireland Minister, the Minister for Social Development, Mr Nelson McCausland MLA, were concerned to ensure that Northern Ireland consumers continued to have the same protection as other British consumers in relation to the advertising of remote gambling, as was the case under Section 331. This new offence achieves that. It means that all UK consumers will enjoy the same protection in respect of the advertising of remote gambling.
So far as enforcement is concerned, overseas operators that are required to hold, but fail to obtain, a Gambling Commission licence will be committing the offence of providing facilities for gambling or the separate offence of advertising unlawful gambling. The Gambling Commission is empowered under the 2005 Act to take appropriate action against illegal operators.
The Gambling Commission has a number of enforcement tools available to it under the 2005 Act with which it is able to detect and disrupt unlicensed operators. It has wide investigatory powers under the 2005 Act and the Regulation of Investigatory Powers Act 2000 and employs expert staff with forensic accounting, e-commerce and police investigatory skills.
Stopping illegal advertising is an important way the commission protects consumers from illegal operators. The Gambling Commission has demonstrated that it is able to take effective, swift action to remove illegal advertising, including working with third-party carriers such as Google and Yahoo. Third parties which carry illegal advertising are themselves at risk of prosecution under the 2005 Act. Player education is another important tool in combating the use of unlicensed services. The commission also has power to bring criminal prosecutions, including in absentia.
The Gambling Commission also continues to build links and information-sharing gateways with regulatory bodies across the world. Many jurisdictions take account of prosecutions overseas when considering the ongoing suitability of licensees, as does the Gambling Commission.
Of course, I do not claim that the commission can eliminate all instances of illegal activity. The commission will, as it currently does, take a risk-based and proportionate approach to enforcement. There will always be some operators who do not comply and players who disregard the risks, but the Government are content that the existing powers under the 2005 Act provide the commission with broad investigatory and enforcement powers with which to achieve the consumer protection aims of the Bill. The situation is not unlike the difficulties posed by counterfeit goods. We cannot necessarily act to prevent their manufacture in overseas countries, but we can use all the tools at our disposal to disrupt and prevent their importation and sale in this country.
The Bill will increase consumer protection. As a result of the Bill, all operators selling or advertising in the British market, whether from here or abroad, will be required to hold a licence from the Gambling Commission. This Bill is a significant step towards enhanced consumer protection. It extends the scope of the 2005 Act to protect British consumers in this fast-growing market and will ensure consistency of consumer protection and a level playing field between operators. The increase of remote gambling makes this the right time to act to ensure that the Gambling Commission has the ability to intervene to protect British consumers of remote gambling now and in the future. I beg to move.
Lord Gardiner of Kimble
My Lords, I start by thanking all your Lordships for the wide-ranging and informative debate that we have had tonight. A number of questions have been raised, and I hope that your Lordships will forgive me if I try to gallop through as briskly as I can. I will write, as so many points have been raised during the debate.
First, on the betting levy, a number of your Lordships have raised this. It was extremely useful to have the arguments aired. It is undoubtedly the case that racing, which is the second most attended sport after football in Britain, is immensely important to many people. I should declare an interest in that there is a point-to-point course on the family farm in Kimble and I am very much aware of amateur racing—so I was particularly interested in the racecourse of my noble friend Lord Cavendish, where I remember a horse of my grandfather winning. I also remember the fairground, which was going merrily while the racing proceeded. It is clear that training yards and racecourses up and down the country are playing their role in what is a huge part of the rural economy. The noble Baroness, Lady Pitkeathley, mentioned members of her family. I have sat on horses and ridden, probably behind a pack of hounds, with her son-in-law. The horse is hugely important in the way of life for many hundreds of thousands of people in Britain, whether they spectate, ride horses, or admire everyone that prepares horses.
The levy is a complex issue and the Bill is not the right vehicle in our view to achieve what I would like and what many noble Lords seek. The levy itself is now over 50 years old and it is widely agreed that it is in need of reform. We must look beyond simply extending a system that it is agreed is out of date and we need to reflect a vastly different set of circumstances from those that existed 50 years ago.
My noble friend Lord Cavendish, the noble Baroness, Lady Pitkeathley, my noble friend Lord Clement-Jones and the noble Lord, Lord Risby, raised the recent European Commission ruling in relation to the French parafiscal levy. This is a potentially interesting development and its impact is being assessed currently by the department. It does not mean, I am advised, that the UK would not similarly be required to seek similar EC approval. My advice is that an amendment of the levy reform raises state aid issues and will need the approval of the European Commission. I reassure your Lordships that the Government are committed to taking the opportunity to consider genuine levy reform and to consult widely on any sustainable, enforceable and legally sound options that emerge. My noble friend Lord Risby mentioned the consideration of a sports betting right. The Government will consult on any legal, sustainable and enforceable option for levy reform. At this stage it is unclear whether a racing right might meet these tests but I would not rule out the matter.
My noble friends Lord Astor and Lord Clement-Jones raised casinos and spoke about restrictions on remote gambling in casinos. I welcome the opportunity to confirm the current position. Customers are able to use their iPhones and iPads in casinos to use remote sites as they can everywhere else. This is about casinos being able to promote and encourage play, and that is why it is properly managed within gaming machine regulations. The Government have agreed to review the issue of remote gambling provision in casinos, but this must be progressed in a considered and balanced way, and subject to proper consideration, impact assessment and consultation. It may be that there is a case for some relaxation subject to certain safeguards, but we must ensure that existing controls on stake and prize limits are not undermined. Discussions with the industry have commenced and will conclude by the end of March of next year. My noble friend Lord Clement-Jones mentioned the portability of casino licences. The Government are in discussion with the casino industry over a range of proposals to provide greater regulatory flexibility. Portability of casino licences forms part of these discussions.
The noble Lord, Lord Stevenson of Balmacara, and my noble friend Lady Heyhoe Flint raised the issue of sports integrity. It is absolutely clear that match fixing undermines the very essence and integrity of sport and there is no place for it in any sport. This Bill will ensure that overseas operators selling into the British market are required to obtain a Gambling Commission licence. This will mean that the protections of the Gambling Act—in particular those afforded by licence condition 15.1 on reporting suspicious betting activity—are applied on a consistent basis to all operators active in the British market, regardless of where they are located. More generally, the Secretary of State had a really positive meeting last week with the big sports governing bodies and the Gambling Commission to discuss what more can be done to tackle this. A number of actions have been agreed and further discussions will take place in the new year.
My noble friend Lady Heyhoe Flint and the noble Lord, Lord Stevenson, also raised the issue of sports spread betting and the requirements on spread betting operators. The Financial Conduct Authority is in the process of preparing guidance to the principal two sports spread betting firms operating in the United Kingdom to reinforce the current requirements. It is the FCA’s intention that where parity with the Gambling Commission licence condition 15.1 can be achieved, the individual guidance to sports spread betting operators will reflect this. I confirm that this guidance will be published in the new year.
A number of your Lordships mentioned problem gambling, and the noble Viscount, Lord Falkland, asked for some costs relating to that. My understanding is that GamCare has calculated that every problem gambler costs the state £8,000 each year. The noble Baroness, Lady Howe of Idlicote, and the noble Lord, Lord Morrow, particularly highlighted the distress and upset that it causes to wider family members, and we must not forget that.
A number of issues were raised concerning self-exclusion lists. My understanding is that the Gambling Commission has already asked the Responsible Gambling Strategy Board to look at the effectiveness of self-exclusion as a tool, and the Responsible Gambling Trust work programme is also taking forward work in this area. In addition, the Remote Gambling Association convened an industry cross-sector meeting earlier this month to improve co-ordination and collaboration on developing options in relation to self-exclusion. The European Commission’s expert group is also looking into this matter.
The noble Baroness, Lady Howe of Idlicote, mentioned a one-stop shop. We are not ruling that out in the future, but the truth—and it may be an inconvenient truth—is that it would involve certain complexities and practicabilities. Although at this stage we would not wish to legislate, we want to look into the matter, and perhaps, in the series of meetings that I referred to, there is a discussion to be had on that with the noble Baroness. This matter was raised, in particular, by the noble Lord, Lord Morrow. I reassure your Lordships that the Government take the problem of gambling extremely seriously. The figure that I stated suggests that any Government should and must take it seriously. Indeed, operators are required by licence conditions to commit to contributing, and say how they will contribute, to the identification and treatment of problem gamblers.
The gambling industry has committed to bring in a number of enhanced player protection measures, including for users of fixed-odds betting terminals, such as voluntary time and monetary limits—for example, after 30 minutes of play a machine will pause. These measures will be in place by 1 March next year. We expect the industry to implement these new measures swiftly and to monitor their effectiveness closely.
One of the three licensing objectives set out in the Gambling Act 2005 is to protect children and other vulnerable adults. It is a condition of an operating licence issued by the Gambling Commission that an operator must have, and put into effect, policies and procedures to prevent underage gambling. This Bill will mean that all remote operators wishing to sell to or advertise in the British market will have to comply with that condition.
I was intrigued by the views of the noble Viscount, Lord Falkland, on advertising. The Government acknowledge the growth in gambling advertising that has occurred since the Act commenced in 2007 following the introduction of greater freedoms. The Government are examining what impact this might be having on the licensing objectives of the Gambling Act and whether the current arrangements remain adequate.
The Committee of Advertising Practice and the Broadcast Committee of Advertising Practice are about to publish significantly expanded guidance on gambling. The help note will include new, specific guidance on free bets and bonus offers to make explicitly clear the requirements on those marketing such offers. It will underline the need for them to give appropriate prominence to any significant conditions associated with their offers. Therefore, I assure your Lordships that the Government take this matter extremely seriously. Work is under way and we need to keep that under review.
My noble friend Lord Clement-Jones mentioned a kitemark. The Government are committed to ensuring progress on the work that the Gambling Commission has already commenced to make sure that consumers can quickly and clearly establish that they are transacting with a British licensed site.
A number of your Lordships, including the noble Baroness, Lady Howe, and my noble friend Lord Clement-Jones, mentioned blocking. The Government want to continue to develop understanding of this important emerging area. We do not rule out blocking in the future should it become appropriate, necessary and demonstrably effective. I would very much welcome discussions with those of your Lordships who would be interested in exploring this further. Where illegal operators attempt to target British consumers, the Government and the Gambling Commission are confident that action can be taken through existing enforcement mechanisms to disrupt and stop unlawful gambling. These include action on illegal advertising, player education and, ultimately, prosecution.
Turning to the point made by the noble Baroness, Lady Pitkeathley, about the Channel Islands and her championing of the islands, I understand that the Gambling Commission is working very closely with the Alderney Gambling Control Commission to ensure that there is minimal disruption and minimal burden on operators. Following on from that, my noble friend Lord Clement-Jones asked about transitional arrangements for white list licence holders and EEA holders. The repeal of the white list will not create disruption for operators who have an existing entitlement to operate in Britain under an EEA or white list jurisdiction licence. They will be granted a continuation licence for their existing activities if they apply for an advanced application before the cut-off date.
The Government have been working closely with the Gibraltar Betting and Gaming Association to seek a remedy in the best interests of British consumers. Officials have met with the Chief Minister of Gibraltar and the GBGA, and there will be further meetings to discuss these matters. The Government have also hosted delegations from the Gibraltar Government and the GBGA in London. The Government very much look forward to continuing a positive and productive relationship with Gibraltar.
My noble friend Lord Clement-Jones asked me quite a lot of questions. If he will forgive me, I shall address his points in a letter, which would be the best way to ensure that your Lordships do not have such a late night. We are confident that the Bill is compatible with EU law as a proportionate measure for achieving the legitimate purpose of consumer protection. The Government have been clear that this Bill is independent of any tax changes. My noble friend also asked about the Full Tilt case. Consultation by the Gambling Commission on the protection of customer funds closed on 4 December. The commission is analysing the responses and will publish its response to the consultation in the new year. It is vital that the society lottery consultation considers carefully the impact on all society lottery operators and not only the Health Lottery. In that regard the Government are still considering the nature of proposals and will set out their approach soon.
I am sure that a number of your Lordships would like to draw me on taxation but tax matters are for the Treasury and are continually kept under review. From a regulatory point of view, whatever the tax rate adopted by the Treasury, the key issue is whether the Gambling Commission has all the necessary enforcement tools at its disposal to minimise any illegal activity. The Government are confident that the Gambling Commission has the right tools to take effective action against illegal operators and deter unlicensed companies from entering the market.
The noble Lord, Lord Stevenson of Balmacara, mentioned dormant accounts, which is an important issue. This Bill will make significant changes to the manner in which a large number of betting accounts, including those that are currently dormant, are regulated. That is why the Government have been clear that it would be appropriate to consider the recommendations from the report only once our proposals for remote gambling have been implemented.
I say to the noble Lord, Lord Morrow, that this is a small and significant Bill. Its intention is about protection for remote gambling consumers based in Great Britain. It will also ensure that all remote gambling, wherever the operator is based, is licensed by the Gambling Commission and subject to its robust and consistent standards and controls.
This has undoubtedly been a debate in which a wide range of points were made. I fully confess that I have not been able to respond in the detail that many of your Lordships might have preferred. These are important issues that we need to consider further. I hope that many of your Lordships will come to further meetings before Committee, during which time the Bill team and I would be happy to give further explanation and listen to the points raised to see what progress we can make. But for the purposes of tonight, I commend the Bill to the House and ask for it to be given a Second Reading.