Parliamentary Joint Select Committee On Gambling Reform Third Report
- Parliamentary Joint Select Committee On Gambling Reform Third Reporting
- Parliamentary Joint Select Committee On Gambling Reform Third Report 2017
- Parliamentary Joint Select Committee On Gambling Reform Third Report 2016
- Parliamentary Joint Select Committee On Gambling Reform Third Reports
.During the 2001 - 2005 Parliament I was a member of the Public Account Committee, which is responsible for monitoring how the Government spends public funds. The committee's website.Here is the report I wrote in November 2004 I submitted a report on the chaotic state of the Child Support Agency to the Work and Pensions Select Committee. The third report of the Parliamentary Joint Select Committee on Gambling Reform echoed this call, making repeated references to the “importance of a public health approach to problem gambling” (Parliamentary Joint Select Committee on Gambling Reform, 2012). Public health models have often distinguished three levels of prevention.
This is a list of reports on sport issues in Australia by the Parliament of Australia. These reports arise from inquiries conducted by Senate, House of Representatives and Joint Committees on current issues in sport. The reports provide evidence, discussion and recommendations. The reports can often result in the implementation of policies and legislation by the Australian Government.
- Payments to athletes and teams who did not participate at the 1980 Moscow Olympic Games by House of Representatives Standing Committee on Expenditure (1984)
- Sports aviation safety by House of Representatives Standing Committee on Transport Safety (1987)
- Drugs in sport : an interim report by Senate Standing Committee on Environment, Recreation and the Arts (1989)
- Going for gold : first report by House of Representatives Standing Committee on Finance and Public Administration (1989
- Can sport be brought? second report by House of Representatives Standing Committee on Finance and Public Administration (1990)
- Drugs in sport : second report by Senate Standing Committee on Environment, Recreation and the Arts (1990)
- Equine welfare in competitive events other than racing by Senate Select Committee on Animal Welfare (1991)
- The Circumstances Surrounding the Positive Drug Test on Mr Alex Watson by Senate Standing Committee on Environment, Recreation and the Arts (1992)
- Physical and sport education by Senate Standing Committee on Environment, Recreation and the Arts (1992)
- Inquiry into the Sydney 2000 Olympics : the adequacy of existing and planned aviation services and infrastructure by House of Representatives Standing Committee on Transport, Communication and Infrastructure (1994)
- Role of national sporting coaches in the international transfer of Australian players by Senate Environment, Recreation, Communications and the Arts References Committee (1995)
- Soccer : first report by Senate Environment, Recreation, Communications and the Arts References Committee (1995)
- Olympics 2000 ... and the winner is? by House of Representatives, Standing Committee on Industry, Science and Technology (1995)
- Cashing in on the Sydney Olympics : protecting the Olympics from ambush marketing by Senate Legal and Constitutional References Committee (1995).
- Rethinking the funding of community sporting and recreational facilities : a sporting chance by House of Representatives Standing Committee on Environment, Recreation and the Arts (1997)
- Going for gold : immigration entry arrangements for the Olympic and Paralympic Games by Joint Standing Committee on Migration (1999)
- Half way to equal : report of the inquiry into equal opportunity and equal status for women in Australia by House of Representatives Standing Committee on Legal and Constitutional Affairs (1992).
- About time! : women in sport and recreation in Australia by Senate Environment, Recreation, Communications and the Arts References Committee (2006)
- The reporting of sports news and the emergence of digital media by Standing Committee on Environment, Communications and the Arts (2009)
- Fifth report : the advertising and promotion of gambling services in sport : Broadcasting Services Amendment (Advertising for Sports Betting) Bill 2013 by Parliamentary Joint Select Committee on Gambling Reform (2013)
- Sport - more than just a game : contribution of sport to Indigenous wellbeing and mentoring by House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs (2013)
- Australian Sports Anti-Doping Authority Amendment Bill 2013 by Senate Standing Committees on Rural and Regional Affairs and Transport (2013)
- Practice of sports science in Australia by Senate Standing Committees on Rural and Regional Affairs and Transport (2013)
- Ticket scalping in Australia by Senate Economics References Committee (2014)
- Future of rugby union in Australia by Senate Standing Committees on Community Affairs (2017)
External sources[edit]
- Australian Parliament - Parlinfo website - search to locate the electronic copies of reports.
References[edit]
32. The draft Bill is, even in its incomplete state, a substantial piece of legislation - over 270 clauses and 10 schedules so far. But at the same time, DCMS has described it as putting in place 'a regulatory framework'.[26] The reason for this description is that much of the detail of the new arrangements is not included on the face of the draft Bill. As Lord McIntosh of Haringey, Parliamentary Under-Secretary of State, DCMS, told us, 'What the Bill means is very often contained in Codes of Practice and guidance rather than in statute.'[27]
33. Clause 1 of the draft Bill sets out the three licensing objectives, which are described in the DCMS policy document as 'central to the scheme of regulation:'[28]
- preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,
- ensuring that gambling is conducted in a fair and open way, and
- protecting children and other vulnerable persons from being harmed or exploited by gambling.
These are paraphrased on the DCMS website as: 'gambling remains crime free, players know what to expect and are not exploited, and that there is protection for vulnerable persons.'[29] These objectives would underlie the regulation of the industry by both the Gambling Commission and local authorities. For example, the Commission would have a duty, pursuant to Clause 14, to pursue and, wherever appropriate, have regard to the licensing objectives when exercising its functions under the Act.
34. We received a number of submissions suggesting additions, and amendments, to these objectives. These, and the response by DCMS, are included in the Schedule of Detailed Comments on the draft Bill (Annex 1). As a Committee, we are content that the objectives in Clause 1 of the draft Bill are balanced and appropriate, and recommend that they be included unamended in the final version of the Bill.
35. The central plank of the legislation is the establishment of an overarching regulator for the gambling sector, the Gambling Commission. Much of the guidance provided to and by the Commission will be in the form of codes of practice, policy statements, and licence conditions which may be general or operator specific. These will include a statement of principles to be applied by the Commission under Clause 15 when exercising its regulatory functions[30] and its explanation of how these will assist in the pursuit of the licensing objectives.[31] The statement will also set out the factors considered in relation to operating licence applications[32] and also the procedure for considering applications.[33]
36. Under Clause 16 the Commission may issue codes of practice about the manner in which facilities for gambling are provided. As discussed below, these will be a central aspect of the regulatory regime and will be linked to the licence conditions to be attached to operating licences under Clauses 62 to 65 of the draft Bill. The detail of the conditions will, in itself, be central to the future regulatory regime.
37. Clause 17 of the draft Bill requires the Commission to prepare guidance to local authorities, which they have a duty to take into account, on the manner in which they exercise their duties under the Act.[34]
38. Drafts of all these key documents are to be prepared by the existing Gaming Board, subject to the restrictions on the work that can be done before the second reading of the Bill (see paragraphs 60 to 64) and work on them is due to start later this year.[35] As discussed elsewhere in this Report, the Gaming Board will be able to build on existing material, and the DCMS's policy document refers specifically to the fact that the existing codes of practice, which much of the industry has voluntarily adopted, will inform the preparation of the new codes to be issued under Clause 16.[36]
39. We were told by the Department that it did not feel able to prepare drafts of the codes because this should be the job of the Gambling Commission. Lord McIntosh of Haringey, Parliamentary Under-Secretary of State, DCMS told us that 'the difficulty is compounded by the fact that the Gambling Commission does not exist yet, it will be independent, it will be producing its own codes of practice and guidance, and therefore we cannot see them.'[37]
40. It is unfortunate that we were not able to see drafts of these key documents during our inquiry, and their absence has led to a considerable amount of uncertainty about the provisions in the draft Bill. Business in Sport and Leisure stated, for example, that it believed that 'the codes of practice and guidance which will govern the industry and local authorities, must be published for consultation while the Scrutiny Committee is considering the draft Bill'.[38] Dr Martin Rawlings, of the British Beer and Pub Association, stated 'If I could quote the Minister formerly in charge of the Gaming Bill, he said 'uncertainty is an expensive commodity for business'. We certainly would not disagree with that.'[39] Susanna FitzGerald QC suggested that 'a lot more of the nitty gritty of the law ought to be in legislation, whether primary or secondary, so that it is properly scrutinised by everybody and there is an [objective] standard.'[40]
41. It is worth noting here that the Joint Committee on the draft Financial Services and Markets Bill was able to consider the draft codes and guidance produced by the Financial Services Authority. We have not had that advantage, so we are not able to come to a definitive view on their content. In the light of these circumstances, in some parts of the Report we have perhaps been more prescriptive than would otherwise have been the case.
42. The fact that we have not been able to scrutinise in draft the various codes of practice and other guidance to be issued by the Gambling Commission, in particular under Clauses 15 to 17 of the draft Bill, is regrettable. We understand the reasons why they have not been produced, given the lack of a formally appointed shadow Commission, which we consider later in this Report. However, their absence hampered our consideration of the draft Bill.
43. However, we did have a chance to question the Gaming Board about its existing codes, and the content and consultation procedures relating to the new codes. Comments on this aspect of the Gambling Commission's work are included elsewhere in this Report.
44. The draft Bill would also grant substantial powers for the Secretary of State to make orders and regulations, including, in some cases, powers to amend the Bill itself. These are too numerous to list here. This, in addition to the detail to be provided by the Gambling Commission, creates the degree of flexibility that DCMS has assessed to be necessary in order to make the draft Bill 'future-proof'. We are grateful to DCMS for providing a delegated powers memorandum, which lists and explains these powers. We are also grateful to the House of Lords Delegated Powers and Regulatory Reform Committee, which has particular expertise in this area, for reviewing the delegated powers contained in the draft Bill. The Lords Committee's comments are appended to this Report.[41]
45. The Delegated Powers and Regulatory Reform Committee noted a 'number of delegated powers in the draft Bill',[42] drawing attention to the following points:
- the ability of the Secretary of State to amend Clause 142 (Gaming Machines) seems wider than is justified in the delegated powers memorandum;[43]
- some delegated powers which would appear to have a significant impact on the operation of the draft Bill only require the negative resolution procedure[44] to be applied, in particular:
- the ability to make regulations classifying casinos as 'large', 'small' or below the minimum size;[45]
- the ability to make regulations defining different categories of gaming machine;[46]
- regulations clarifying the scope of definitions contained in the draft Bill;[47] and
- the use of Henry VIII powers in the draft Bill (i.e. those which would enable the Bill itself to be amended by secondary legislation) and inconsistency as to whether these should be subject to the negative or affirmative procedure.[48]
46. We agree with the Lords Delegated Powers and Regulatory Reform Committee's comments about the delegated powers relating to certain key policy areas in the draft Bill, and recommend that the DCMS should accept the Lords Committee's points.
47. It is clear that the Secretary of State would be granted significant delegated powers by the Bill. Parliament must retain control over key policy issues. We suggest that there should be a presumption that statutory instruments concerning key policy areas should be subject to affirmative, rather than negative, resolution procedure.
48. The Lords Committee has only considered the delegated powers that are currently contained in the draft Bill. It does not consider areas in which further delegated powers might be desirable. We have received a number of comments suggesting that there are areas in which the draft Bill fails to achieve adequate flexibility because it contains detail in primary legislation which could be subject to change, meaning that secondary legislation might be more appropriate. Many of these comments have been set out in the Schedule of Detailed Comments on the draft Bill (Annex 1). Specific examples we have received include that:
a) under Clause 7, 'spread betting' could only be included in the definition of 'betting', and thus be brought within the scope of the Bill, by amending the Act;
b) under Clause 79 (5)-(6) financial limits on lotteries should be amendable by secondary legislation, given that historically they have changed over time;
c) the number of gaming machines in specified premises should not be included on the face of the Bill under Clause 142 but in secondary legislation; and
d) the prohibition on the linking of machines in Clause 203 should be removable, without the need for primary legislation.
49. We welcome the acceptance by DCMS in the Schedule of Detailed Comments on the draft Bill (Annex 1), that there are areas in which the draft Bill should contain additional delegated powers.
50. The draft Bill cannot be considered in a vacuum. Its impact is also dependent on wider government policies, which are the responsibility of departments other than Culture, Media and Sport. In particular, the approach to the provision of planning permission for new developments, particularly casinos, and the taxation regime that will apply to all forms of gambling, were referred to by Lord McIntosh of Haringey, Parliamentary Under-Secretary of State, DCMS, as two of the 'three legs of the stool', the third being the regulatory regime pursuant to the draft Bill itself.[49]
51. John Healey MP, Economic Secretary to the Treasury, demurred from the view that the link was so overt, but confirmed the importance of considering the issues as part of a whole: 'I see it more as table and chairs, where the central and important policy area is deregulation; planning policy and tax policy may be very useful supplementary policy changes we can bring to bear, and certainly from the Treasury point of view we are drawing up the tax chair to this deregulation table.'[50]
52. The Committee therefore took an interest in planning and taxation policies, both of which are dealt with later in this Report.
53. In our discussions with Ministers on these issues, we detected some deficiencies in the co-ordination of the approach across Government. We deal with this in greater depth in the chapters on casinos and social responsibility.
27 Q 27 Back
Parliamentary Joint Select Committee On Gambling Reform Third Reporting
28 DCMS, Draft Gambling Bill: Policy document, Cm. 6014 - IV, November 2003, para 2.13 Back
Parliamentary Joint Select Committee On Gambling Reform Third Report 2017
29 http://www.culture.gov.uk/gambling_and_racing/gambling_bill.htm Back
30 Clause 15 Back
31 Clause 16 (2) Back
32 Clause 58(3) Back
33 Clause 58(5) Back
34 Clause 17(2) Back
35 Q 123 Back
36 DCMS, Draft Gambling Bill: Policy document, Cm. 6014 - IV, November 2003, para 3.23 Back
37 Q 26 Back
38 Ev 95, para 4.2 Back
39 Q 940 Back
40 Q 1602 Back
41 Ev 721.The delegated powers memorandum itself is available from the Department for Culture, Media and Sport, and appears on its website (www.culture.gov.uk/gambling_and_racing/gambling_bill.htm). Back
Parliamentary Joint Select Committee On Gambling Reform Third Report 2016
42 Ev 721, para 3 Back
43 Ev 721, para 4 Back
44 Ie. a Statutory Instrument (SI) that becomes law on the date stated, but will be annulled if either House (only the Commons for financial SIs) passes a motion within a specified time (usually 40 days) calling for annulment. This contrasts to SIs subject to the affirmative procedure, which must be approved by both Houses (or the Commons alone for financial SIs) before they come into force, or come into effect immediately but require subsequent approval by both Houses to continue in force. The procedure to be applied to regulations and order made under the draft Bill is set out in Clause 263. Back
45 Clause 10(5) Back
Parliamentary Joint Select Committee On Gambling Reform Third Reports
46 Clause 195 Back
47 Ev 721, para 5 Back
48 Ev 721, para 6 Back
49 Q 47 Back
50 Q 376 Back