Gambling Harm (Social and Economic Impact of the Gambling Industry Committee Report)

Lord Parkinson of Whitley Bay Excerpts

Wednesday 27th April 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I thank all the members of your Lordships’ Select Committee for the thorough and diligent work which led to the report before us today. I hope that does not sound self-congratulatory given that, as has been noted, I had the privilege of serving on the Select Committee, albeit for a limited period. It gave me a deeper appreciation and understanding and the opportunity to hear directly from not just those working in the industry but those whose lives have been affected by problem gambling. It has informed my thinking and approach to the issue, which we have discussed many times since I have had the privilege of speaking from this position. My time on the committee also means that I can congratulate from personal experience my noble friend Lord Grade on his expert chairing of the committee and thank all the staff and witnesses who contributed to its work, as well as all noble Lords who sat on the committee.

Peers for Gambling Reform has been especially well represented today, as it often is when we discuss this issue, but I know that gambling reform is a priority for many people across your Lordships’ House, whether they are a member of that group or not. Indeed, it is a priority for Her Majesty’s Government as well, and it is clear that change is needed to respond to risks and capitalise on the opportunities which have emerged in the 17 years since the Gambling Act 2005 was passed.

As my noble friend Lord Grade and others highlighted, many people enjoy gambling and do so without harm, but technology has very clearly transformed where, when and how people gamble as well as what they gamble on. We have heard some powerful examples in today’s debate. While it is certainly true that the Act gives broad powers to the regulator, the time is right for the Government to take a wide-ranging look at the evidence for change. That is why we have been carrying out a review across many aspects of the regulatory framework to make sure that our law and regulation are right, particularly for the digital age.

Evidence is an important point and one that has been echoed in many noble Lords’ contributions today. Throughout our review we have looked to consider the best available and highest-quality evidence. As part of that, we have looked at the extensive oral and written evidence received and published by your Lordships’ Select Committee. We are again grateful to the committee and its clerks for having put together such a wide-ranging evidence base. We have been able to consider it alongside the 16,000 submissions to our call for evidence last year, as well as the hundreds of stakeholder meetings which Ministers and officials have held and other sources.

I now turn to the recommendations in the report. Clearly, many of the more than 50 recommendations are within the scope of the review of the Gambling Act and are being considered through that process. The noble Baroness, Lady Bakewell of Hardington Mandeville, was glad that we are having today’s debate shortly before the publication of the White Paper, but unfortunately it means that I will disappoint but not surprise my noble friend Lord Grade when I must say that I cannot pre-empt everything that the review will conclude and the publication of our White Paper, which will be in the coming weeks.

However, the report of your Lordships’ Select Committee identified a number of areas for action in which we, working together with the Gambling Commission and others, have made significant progress since it was published. A key priority for the Select Committee was rightly the protection of online gamblers. It was while the committee’s report was being finalised that the Government took the important steps of banning the use of credit cards for online gambling and mandating integration with the national online self-exclusion scheme. Self-excluded customers cannot log into their gambling accounts and must not be contacted by operators. If they are, the operators have clearly breached the rules and will face enforcement action by the Gambling Commission.

A few months after the committee’s report, in October 2020, the Gambling Commission brought in significant new rules on VIP schemes to tackle many of the risks identified in the Select Committee’s report. There are now tough checks to make sure that customers on such schemes are not being harmed and that they can afford their losses. Personal management licence holders are now individually accountable for the schemes and, as the report recommended, the rules are clear that incentives for relationship management staff should not be based on customer losses. These measures have led to a reported 70% reduction in the number of customers on such schemes, but we are none the less looking at the issue again through our review to ensure the right mitigations are in place.

There was also significant progress last year to make online slot games safer by design, the need for which was underlined by the speech of the noble Viscount, Lord Colville of Culross. Features that make games more intense or that give a player the illusion of control have been banned. These include slam stops, turbo boosts and auto-play. Also banned were losses disguised as wins, which can give players a false idea of their gambling success. As your Lordships’ committee recommended, online slots have had their spin speeds equalised with the land-based equivalents in bookmakers, bingo premises and casinos. We are exploring whether further controls are needed through our review.

The committee’s report rightly recognised that customer data can be key to protecting online gamblers at risk of harm, and progress has been made here too. Earlier this month, the Gambling Commission announced new measures on customer interaction to make sure that operators use the wealth of data they hold effectively to identify and intervene with people at risk of harm. It is bringing in new requirements on markers of harm, which operators have to monitor, the automatic nature of interventions, and evaluating the impact of customer interactions. These new protections will improve the standard and consistency of how online operators protect their customers, and leave no room for excuses for failure in this regard.

My noble friend Lord Grade and others spoke of data sharing between operators, which has great potential within the array of tools that form harm-prevention measures, as online gamblers have an average of three accounts. Significant progress is being made in this area, driven by the Gambling Commission, which has worked with industry and others such as the Information Commissioner’s Office. The Betting and Gaming Council is currently leading a pilot, with GAMSTOP as the delivery partner, which has been accepted into the ICO sandbox process for real-world trials. This will make sure that there is close scrutiny from both the data and gambling regulators as the system is developed and refined, and that the system is used only for harm prevention, never for commercial objectives.

A further protection the committee highlighted was transaction blocks offered by financial services firms to customers who do not want to be able to gamble. I am pleased that around 90% of current accounts now offer this service, as do other payment service providers such as PayPal. Many of these have followed the gold standard by including a cooling-off period of at least 48 hours.

Many noble Lords touched on advertising in their speeches. The report made several recommendations on advertising, many of which have been mentioned. This is a complex area, as the contributions from the noble Lord, Lord Layard, and the noble Baroness, Lady Fox of Buckley, perhaps exemplify. Advertising can help reputable companies to differentiate themselves from the black market, the dangers of which were powerfully outlined in the contribution from my noble friend Lord Astor. We deliberately called for evidence on advertising and sponsorship in our review, so that we can look at this area properly. We will set out our conclusions in the White Paper but, as I was pressed on this by the noble Baroness, Lady Merron, I will highlight the recent changes made by the Committee of Advertising Practice, which will help to protect young people from gambling-related harm.

Earlier this month, that committee announced that content with strong appeal to children will be banned from gambling adverts. This responds to research on the topic commissioned by GambleAware, which showed the impact that certain aspects of gambling advertising can have on young people, in particular depictions of the association between football and gambling.

Children’s exposure to gambling advertising has declined over recent years but, in the Gambling Commission’s survey of 2020, some 58% still said they had seen gambling advertising or sponsorships. The new rules will help mean that, if children do see adverts, these adverts will be less appealing to them. The use of prominent celebrities such as Premier League footballers will be banned, as will the use of influencers associated with youth culture.

This is not the only action we have taken to protect children and young people. A few months after the Select Committee’s report and in line with its recommendations, we announced that we would increase the minimum age to participate in the National Lottery to 18. That change came into effect early last year. Through the review of the Act, we are looking at whether other products, such as society lotteries, should have their age limits raised as well. A significant number of operators have already made the change voluntarily.

Additionally, your Lordships’ committee made recommendations about education. I am pleased that, shortly after the report’s publication, the risks associated with gambling, including the accumulation of debt, were added to the relationships, sex and health education curriculum for all secondary school pupils—reflecting a point raised by my noble friend Lord Kirkham. As the report envisaged, Ofsted has a role here and its school inspection handbook sets out that inspectors will consider the provision of such education as part of a wider judgment of pupils’ personal development.

A further recommendation with particular relevance to children was in regard to loot boxes in video games—a point made by the noble Viscount, Lord Colville, and a number of other Peers. We launched a bespoke call for evidence on loot boxes and received more than 30,000 responses, which we are considering carefully. We will publish a response to that soon.

Recommendations about the regulator were prominent in the report and have featured heavily in the debate today. Of course, the Gambling Commission’s powers and resources are being thoroughly examined through the review, but I would like to highlight some of the action we have taken. For example, from October last year we increased the fees that the commission charges operators. This is projected to increase its resources by about £5 million per year, or 25%. It will help it to tackle some of the challenges that continual innovation in the gambling sector has presented.

Similarly, like your Lordships’ committee, the commission has now formally recognised the value of listening to people with personal experience of gambling-related harms. It has appointed a lived experience advisory panel, which feeds into decision-making and any advice the regulator provides to government.

A key recommendation in the report was that fines issued by the commission should reflect the seriousness of the offence and the size of the offender. I am pleased that since the revamping of its enforcement strategy, the commission has continued to take increasingly robust action against operators that breach the rules. In the last financial year, operators paid more than £20 million in penalty packages as a result of regulatory failures.

I will also touch on the recommendations regarding research, where there is some progress to report. As the committee recognised, and as the right reverend Prelate the Bishop of St Albans and others mentioned, good evidence on gambling participation and the prevalence of harm is essential to informing policy. I am pleased that the commission is making progress with work on a new approach to collecting participation and prevalence data. This will make sure that we have timely, accurate and robust data. It will improve on the current system of gold-standard but infrequent health surveys and the regular telephone surveys by the commission, which use shorter problem gambling screening. A number of key pieces of research have also been published since your Lordships’ report, along with the Public Health England evidence review of gambling-related harms, which we have heard cited in our debates on many occasions.

The right reverend Prelate the Bishop of St Albans, my noble friend Lord Bourne of Aberystwyth, the noble Baroness, Lady Bakewell of Hardington Mandeville, and others referred to proposals for a levy on the industry to fund the costs of treatment and research. We called for evidence on the best way to recoup the regulatory and societal costs of gambling. We have also been clear that if the existing system fails to deliver what is needed, we will look at a number of options for change, including a statutory levy. We will set out our conclusions in the White Paper.

The noble Baroness, Lady Bennett of Manor Castle, talked about the place-based impact of problem gambling and the clustering of betting shops in certain parts of the country. Local authorities already have a range of powers under the planning system, and as licensing authorities under the Gambling Act, to grant or reject applications for gambling premises in their areas. We have also been looking at the powers that local authorities and other licensing authorities have in relation to gambling premises licences as part of our review.

My noble friends Lord Smith of Hindhead and Lord Astor spoke about the National Lottery. Since its launch in 1994, it has contributed more than £45 billion to good causes, supporting more than 660,000 projects up and down the UK. National Lottery legislation imposes a duty on the Government and the Gambling Commission to ensure that the interests of all those who participate in the National Lottery are protected. The lottery operator is held to account for doing so and must have controls in place to stop underage players and to prevent excessive play. Evidence from the latest Health Survey for England in 2018 shows that National Lottery games were associated with the lowest rates of problem gambling of all gambling products considered.

The noble Lord, Lord Trevethin and Oaksey, and my noble friend Lord Astor spoke about the horseracing industry, and we are certainly aware of the long and close relationship between horseracing and betting. The main area of concern from the racing industry is in relation to affordability checks. As I said, these are important but must also be proportionate. We are carefully considering the impact of all our proposals.

Finally, the noble Lord, Lord Foster of Bath, asked about the work we are doing with the Department of Health and Social Care in preparing the review of the Gambling Act. We have worked closely with the Department of Health and Social Care and other departments throughout the review to consider the links between gambling policy and their remits. As ever, the White Paper will be agreed across government in the normal way, but I can confirm that the Department of Health and Social Care has been involved in its preparation.

The Government made their formal response to the Select Committee’s report in December 2020. None the less, today’s debate on its conclusions remains important and timely, especially given that we will publish our White Paper soon. Like the members of your Lordships’ Select Committee, many of whom I am pleased to have heard speaking today, I recognise that we in government have an important responsibility to get that reform right. We need to strike the right balance between protecting people from gambling harm and respecting the freedom of adults who gamble as a leisure activity. I also recognise and agree with the sentiment widely expressed today that we must take action as swiftly as possible where we can; clearly, not every reform measure will need primary legislation. Following the publication of the White Paper, we will work with the Gambling Commission, and others as needed, to make the necessary changes as swiftly as we can.

I am sure that we will continue this debate following the publication of the White Paper and on many other occasions, but I am very glad to have had the opportunity to debate this issue again today. I congratulate my noble friend Lord Grade and all the members of the Select Committee on their work in informing this important debate.