Clause 139 - Rules
Gambling Bill
3:00 pm
Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 267, in clause 139, page 61, line 40, leave out subsection (3).
Subsection (3) deals with rules providing for certain situations. It allows a summary conviction to be imposed if an individual fails to comply with a specified requirement imposed by the rules. Such a failure may not be material; there are no specified time limits. The provision appears draconian and should be deleted or replaced with a power for the tribunal to give direction or vary the provision of the rules. It is a probing amendment designed to seek justification from the Minister as to why subsection (3) is included.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
Subsection (3) serves to enable actions to be taken against persons who do not comply with requirements imposed by, or in accordance with, rules relating to the tribunal. It is important that persons who, for example, fail to obey a witness summons, alter concerns or destroy evidence should be held accountable. If subsection (3) is removed, the tribunal will be powerless to act, even if the actions of one person adversely affect the outcome of an appeal of another. I therefore ask the hon. Gentleman to withdraw his amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
I would like to ask the Minister a question. We have just debated the maximum fine, which should not exceed level 3 on the standard scale. Will the tribunal, in assessing the level of fine, take into account the nature of the licensee, including his financial resources?
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
The tribunal cannot fine—it does not have the power to do so—but the regulations may specify that a particular class of person shall or shall not be treated as a party to put proceedings before the tribunal in onward appeals. It will be an offence for a person to fail to comply with the requirements, but a person found guilty of this offence will be liable to a maximum fine of £1,000. I hope that that explanation satisfies the hon. Gentleman.
Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
No, it does not. Notwithstanding the fact that I may have made an error about who would issue the fine, will the Minister make it clear whether the person issuing the fine will have regard to the nature of the licensee, including his financial resources? I ask because that refers to the very rules that will apply to the financial penalties imposed by the commission.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
We have to follow the same rules as the commission would if it imposed a financial penalty.
Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)
Thank you.
Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
We get there eventually.
Question put and agreed to.
Clause 139 ordered to stand part of the Bill.
Clauses 140 to 142 ordered to stand part of the Bill.