Clause 65 - Application
Gambling Bill
4:15 pm
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 214, in page 27, line 31, after 'activity', insert
'according to criteria set forth in a statement to be issued by the Secretary of State in relation to the criteria for prescribing different conditions to different classes of activity, but procuring that such regulations shall not unfairly discriminate between operators of such different classes of activity or consumers of such activities'.
This is a probing amendment, asking the Minister to make different provisions for applications to authorise different classes of activity. It should be clear that the Bill is not intended to discriminate between different types of activity.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
There is a lot of sense in the reasoning behind the amendment. A regulation about procedure that discriminated unfairly would be wrong. However, the amendment is unnecessary because the Secretary of State is already obliged to ensure that any regulation that she makes under the clause is fair to operators and consumers alike. In making regulations under this clause, which concerns the procedure for licensing applications, we must be able to set different procedures for different licences. That is the only way in which we can deliver tailored regulations for different parts of the industry. Nobody would want us to do otherwise. We would take a different approach only where one was warranted. We must always act reasonably and rationally in exercising statutory powers. Any regulation should be subject to proper criticism and would be defective if we departed from those principles. I hope that the hon. Gentleman will accept my assurance that what he fears will not result from regulations made under the clause and that he will withdraw the amendment.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I am happy with the Minister's assurance, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 65 ordered to stand part of the Bill.