Clause 137 - Powers of Tribunal
Gambling Bill
2:45 pm
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
I thank the hon. Gentleman for his explanation of the amendment, but it is unnecessary. The tribunal is charged with hearing appeals against certain decisions of the commission. The decisions over which it has jurisdiction to hear appeals are listed in clause 134. None of those decisions contains any defence of reasonable belief, and nor are they amenable to any such defence. In addition, clause 60 provides a defence of reasonable belief against criminal charge under part 4 of the Bill, which relates to children and young persons. Although I have sympathy with the hon. Gentleman's sentiments, the commission will have no power to assist in the interpretation of reasonable belief under clause 60; it will be a matter for the ordinary criminal courts. The defence of reasonable belief does not appear in any other clause. It is not necessary for me to require the commission to make any statement in its code of practice about interpretation and the concept of reasonable belief; nor are there any circumstances in which the tribunal might apply that concept. Reasonable belief will have to be judged in each circumstance. For example, reasonableness will vary between the betting office and the children's arcade. With that explanation, I hope that the hon. Gentleman will withdraw the amendment.