Clause 39 - Cheating
Gambling Bill
9:55 am
Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
As you will see, Mr. Gale, I have also tabled an amendment that deals with cheating.
The Committee will be well aware that the clause provides for a criminal offence of cheating at gambling and repeals the old offence of cheating in section 17 of the Gaming Act 1845. As the hon. Gentleman pointed out, the Bill provides no definition of ''cheating'', but it is assumed, and the explanatory notes tell us, that it
''has its normal, everyday meaning.''
I think that the Committee will be grateful that, for once, the Bill refers to an everyday meaning.
As the Committee will be well aware, however, the Bill is based on the examination by the Government, the Joint Committee and others of what has happened in other countries. The Minister has told us on a number of occasions that lessons have been learned, for example, from what has happened in Australia. The reason for moving the amendment is that one lesson has not been learned from some states in Australia and, indeed, from South Africa, whose legislation includes provision similar to that incorporated in the amendment.
Clause 39 already provides for an offence of cheating. The amendment would make it a criminal offence for a person to have in their possession in a casino a computer, camera or similar device that would enable them to predict the outcome of a game or otherwise obtain an unfair advantage. The Minister may say that such a situation is already covered in the clause, but some states in Australia and South Africa have found it necessary to incorporate that issue relating to cheating as part of their legislation. They have not thought it appropriate to leave it to be dealt with by the type of wording to which the Minister refers. I look forward to what he has to say and I shall listen carefully. If I do not receive an absolute assurance that these issues are covered, I may wish to press the amendment to a vote.