Gambling (Licensing and Advertising) Bill

Lord Dodds of Duncairn Excerpts

Tuesday 5th November 2013 Commons Chamber

[Mrs Grant]

The hon. Gentleman makes a good point.

The Bill will also level the playing field for the advertising of remote gambling. At present, operators based in the European economic area or in a country on the “white list” can advertise remote gambling to consumers in Great Britain. The 2005 Act allows the Secretary of State to designate non-EEA jurisdictions that have strong regulatory systems comparable to Britain, and to give them permission to advertise remote gambling services in Britain. Those jurisdictions form what is informally known as the “white list”, and they include Antigua and Barbuda, the Isle of Man, the States of Alderney and Tasmania.

The Bill will repeal section 331 of the 2005 Act, removing the offence of advertising foreign gambling and, consequently, the distinction between EEA and “white list” countries, and non-EAA jurisdictions. Instead, all operators who hold Gambling Commission remote licences will be able to advertise to British consumers, regardless of where the operators are based. As now, gambling operators who wish to advertise in Britain will need to comply with the advertising codes of practice. 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 to pursue and bring appropriate action against the operator concerned.

The repeal of section 331 will also have an impact on Northern Ireland, where gambling is a devolved matter. New provisions creating an offence of unlicensed advertising of remote gambling have been included in the Bill to ensure that Northern Ireland continues to have the same protections for the advertising of remote gambling as we have in Great Britain. The Northern Ireland Assembly formally agreed these changes through a legislative consent motion on 17 June. Gambling is a reserved matter with regard to the devolved Administrations in Scotland and Wales. Scotland, England and Wales will all receive the same protection in relation to the advertising and regulation of remote gambling.

[Mr Nigel Dodds (Belfast North) (DUP)]

The Minister has kindly outlined the situation in Northern Ireland. Has she had discussions with the relevant Minister in the Northern Ireland Executive about the regulation of remote gambling in Northern Ireland? I know this is a devolved matter, but did the issue arise in the discussions on the legislative consent motion and, if so, what was the outcome?

[Mrs Grant]

I have not personally had any such discussions, but I am sure officials will have done so, and I know that the Gambling Commission and others will continue to liaise on this matter.

Clause 1(4) of the Bill confers a power on the Secretary of State to make provision, by statutory instrument, about

“the making, consideration and determination of advance applications”

for a remote operating licence. This will allow robust interim measures to be set up, permitting a smooth transition between the current regulatory regime on remote gambling and the proposed new regime. Similar powers were used as part of the 2005 Act.

I would like to thank the Culture, Media and Sport Committee for its thoughtful and thorough pre-legislative scrutiny of this small but important Bill, and for its support for the move to regulate remote gambling on a point-of-consumption basis.