Clause 138 - Stay pending appeal
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 that explanation. However, I do not think that the changes are necessary. Any decision taken by the gambling commission or a licensing authority to override the stay pending appeal provisions will be open to challenge through the courts by way of judicial review. Clear justification for overriding the provision will be required. In effect, that restricts both the gambling commission and the licensing authority to using that power in a reasonable manner. Owing to the potentially significant effects that such a decision might have on a licensee, we would consider it reasonable to use the power only in exceptional circumstances. We therefore do not consider the amendment necessary.
Both the gambling appeals tribunal and the magistrates courts or sheriff have the power to overrule any decision removing the stay pending appeal provisions if they believe that such a decision is not appropriate. The power is provided to the tribunal in paragraph 13 of schedule 7. For the magistrates courts and sheriffs, that ability is contained in clause 194(2). It enables any overrule to be made that is deemed appropriate.
I understand why the hon. Gentleman tabled amendment No. 266. It seems odd for the commission to have the power to direct its decisions or actions to take effect before a person has had his or her appeal against that decision determined. However, there is an important reason for including that power in the Bill. There will be circumstances in which, as a matter of public interest, it will be important that the decision of the gambling commission takes immediate effect. For example, if a self-employed bookmaker is alleged to have been involved in large-scale fraud, subsection (2) will enable the gambling commission to suspend his operating licence with immediate effect. He will still be able to appeal to the gambling appeals tribunal against the decision to suspend his licence, but in the meantime, in the interests of the public, he will not be able to continue to work as a bookmaker.
The removal of subsection (2), which the amendment proposes, would prevent the commission from taking that action. Instead, while the appeal is being heard, the bookmaker's operating licence would be considered to be valid. That could mean that he could continue to defraud his punters until the decision of the gambling commission was upheld. I hope that I have provided the hon. Gentleman with the justification that he required for the inclusion of subsection (2). On that basis, I ask him to withdraw his amendment.