Clause 134 - Appeal to tribunal
Gambling Bill
2:30 pm
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 263, in clause 134, page 60, line 6, after 'section', insert '71, 72 or'.
The clause allows for an appeal only to an imposition of an individual condition under clause 73. However, a right of appeal should apply to every condition that can be imposed, including general conditions under clause 71 and the decision to amend or revoke a decision under clause 72, and it should include the right of appeal against a condition imposed under clause 74 by the Secretary of State. Without the amendment, there will be no right of appeal against those other conditions, which would perhaps be inequitable.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
The gambling commission may impose two types of conditions on an operating licence: general conditions, under clause 71, which will apply to all operating licence holders or all operating licence holders in a particular class; and individual conditions, under clause 73, which will apply to an individual operating licence. The right of appeal exists against only the decision of the commission to impose an individual condition on an operating licence, because that condition will be specific to that operating licence holder. There is no right of appeal against the imposition, amendment or revocation of a general condition by the commission, because those conditions will apply to all operating licence holders or all operators in a specific category. Those conditions must be general in nature in order for them to apply across the board.
It is difficult to see how an appeal process could be made to work in practice when so many different interests will be involved, but that does not mean that operators have no means of redress. If anyone believed that the gambling commission had acted unreasonably or unlawfully in imposing a condition, they could have a judicial review as their means of challenging it. There is a full consultation procedure for the commission's general conditions. In light of that explanation, I hope that the hon. Gentleman will withdraw the amendment.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I am grateful to the Minister for that explanation, which is now on the record. That is very helpful, and on that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 333, in clause 134, page 60, line 24, at end add—
'(9) Where the Commission directs that section 138(1) shall not apply, the applicant or the licensee may appeal to the Tribunal.'.
Mr Roger Gale (North Thanet, Conservative)
With this it will be convenient to discuss amendment No. 264, in clause 136, page 60, line 40, at end add—
'(3) The Secretary of State shall issue a statement following consultation with the Lord Chancellor and parties listed in section 22(5) regarding the principles under which permission to appeal from the tribunal will be granted by the tribunal or the court referred to under subsection (1).'.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
Amendment No. 333 applies to clause 134, and amendment No. 264 is more or less consequential to that, although it does apply to clause 136. The clause deals with appeals to the tribunal, and rights of appeal against commission decisions.
The consequences of the immediate application of a commission decision without any right of appeal could have serious, long-term implications for an operator. Such an action by the commission should be subject to the scrutiny provided by an appeal. It makes no sense to set out a lengthy series of rights for appeal against commission decisions, while giving the commission an arbitrary and final right to overrule them without further recourse to appeal.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
I do not believe it is necessary to provide for a right of appeal to the gambling appeals tribunal where the commission decides that a decision or action should take immediate effect.It is intended that the commission will use the power only in exceptional circumstances, such as a situation where it determines that the immediate suspension of a licence is necessary in order to protect children or vulnerable adults from exploitation. The licence holder will still be able to challenge the commission's decision by way of judicial review through the courts. In addition, the tribunal has discretion, under paragraph 13(f) of schedule 7, to suspend the commission's decision to disapply the stay provisions, but that should be on its own initiative and not in response to an appeal on this point.
I am grateful to the hon. Gentleman for his explanation of the amendment. Its purpose was not immediately clear to us. Onward appeals to the High Court in England and Wales and the Court of Session in Scotland are only to be permitted on points of law. Therefore, I am not clear what the Secretary of State's statement regarding onward appeals would contain.
Where a person applies to the gambling appeals tribunal seeking leave to appeal to a higher court on a point of law, the tribunal will consider that application on its merits and will have to consider whether the grounds for the appeal indicate a real issue of law to be decided on the appeal. If the tribunal denies an onward appeal, an appellant can apply to the relevant higher court. Again, each application will be considered on its merits. Requiring the Secretary of State to issue a statement on onward appeals is unnecessary. With that explanation, I hope that the hon. Gentleman will withdraw his amendment.
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I am grateful to the Minister for his explanation, and on the basis of what he has put on the record, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 134 ordered to stand part of the Bill.
Clauses 135 and 136 ordered to stand part of the Bill.