Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I beg to move amendment No. 147, in clause 45, page 21, line 27, at end add

''or

(j) participation in any gaming which is excluded by the Secretary of State from the provisions of this Act.''.

The amendment would add another provision to subsection (2). Subsection (1) does not apply to the use of category D gaming machines under subsection (2)(e), a point that has been well received in the industry. The amendment would strengthen that

provision. It is believed that the Secretary of State should have the power to exclude a game that she determines should not be regulated because of its relatively harmless nature. The amendment would give the Secretary of State the opportunity to reinforce category D machines and others deemed harmless to children.

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

I am grateful to the hon. Gentleman for explaining why he believes that the amendment is necessary. However, we have achieved the right balance in respect of when young people or children should be allowed to gamble. Clause 45 makes it an offence for a 16 to 18-year-old to take part in unlawful gambling. It will not prevent young people from playing the lottery or the football pools or participating in prize gaming. It will ensure that young people are old enough to know what they are doing and to take responsibility for their actions. If 16 to 18-year-olds take part in gambling when they are not allowed to do so, they will be committing an offence.

I appreciate the hon. Gentleman's good intentions to allow latitude for young people to undertake more gambling than the Bill allows when it gives rise to no harm, but I have not yet heard an argument that convinces me that the amendment is warranted. We believe that we have identified the gambling in which it is safe and sensible for young people to participate, and the amendment would not take us any further towards achieving that end. I ask the hon. Gentleman not to push the amendment.

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 45, as amended, ordered to stand part of the Bill.