Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

I beg to move amendment No. 230A, in clause 72, page 30, line 38, leave out 'in the Commission's opinion'.

Mr Peter Pike (Burnley, Labour)

With this it will be convenient to discuss the following amendments:

No. 300, in clause 72, page 31, line 1, leave out 'such of'.

No. 231A, in clause 72, page 31, line 1, leave out

'as the Commission thinks appropriate (if any)'.

No. 244, in clause 112, page 51, line 41, leave out 'the Commission thinks that'.

No. 245, in clause 112, page 51, line 43, leave out 'it thinks that'.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

As ever, seeking to be helpful, I say to the Minister that if he were to give reassurances similar to those that he gave to the Committee in response to amendments to clause 24, I might be minded to seek the Committee's leave to withdraw the amendment. However, the amendments attempt to remove the subjectivity of the persons whom the commission is to consult before specifying and imposing conditions to operating licences, and aim to ensure that an objective test is applied to revocation.

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

I wanted to say, ''I refer my hon. Friend to the answer that I gave a moment ago'', but I dare not do that.

The hon. Gentleman is seeking clarity about the industry representatives that should be consulted on general conditions that could be attached to an operating licence. Clearly, when the commission is proposing the condition relating to a specific part of the industry, it will consult those industry representatives. If it is proposing a condition that will affect all operating licences, it will have to consult a wider range of representatives. However, the clause already provides for that.

On amendments Nos. 300 and 231A, I am more than happy to agree with the hon. Gentleman's sentiment. Conditions on operating licences are an important part of the regulatory structure and could well involve significant costs for the gambling business. However, it would be an excessive burden for the commission always to be required to consult the Secretary of State, local authorities, the police, gambling businesses and the public. Some conditional licences will address minor or purely technical matters, where wide consultation would not serve any great purpose.

I am happy to confirm that the Government will expect the commission to consult widely when it considers new conditions. The Gaming Board, which will form the nucleus of the gambling commission, has an excellent relationship with the industry, and we have no reason to assume that that will not be the case in the future.

Turning to amendments Nos. 244 and 245, the Bill provides for a range of circumstances in which the commission may revoke an operator's licence. The need for that power is indisputable, but the commission should use it only in particular circumstances, arising from a review of an operator's licence and the conditions for suspension or revocation. I appreciate the hon. Gentleman's concern on the matter, but perhaps I can provide some reassurance: the circumstances in which a review may

take place are set out clearly in clause 109 and the conditions for revocation are set out in clause 113. The discretion to which the wording refers, and which troubles the hon. Gentleman, does not therefore provide a wider ground for revocation. It must be for the commission to form an opinion in each case, and no other outcome is possible. I do not think that his amendment adds anything, and I ask him to withdraw it.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

Yet again the Minister has been inordinately helpful and, given that he has also agreed with my sentiments—that must at least merit a postcard back home to Mrs. Foster—I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 72 ordered to stand part of the Bill.