Clause 129 - Disqualification
Gambling Bill
Public Bill Committees, 2 December 2004, 2:30 pm

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)
I beg to move amendment No. 261, in clause 129, page 58, line 26, at end add—
'(4) Disqualification may be in respect of the carrying out of a specified function under the personal licence but shall not operate as a disqualification for all functions unless otherwise stated in an order for forfeiture under section 108 as applied by section 121.'.
A personal licence may specify a number of functions, and disqualification may apply to a specified function that should perhaps not apply automatically to the personal licence in totality, unless otherwise specified by the disqualification order. The amendment would preserve the remainder of the licence not covered by the disqualification order.

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)
I am grateful for the hon. Gentleman's explanation of his amendment, but I must make it clear that, unfortunately, the Government cannot agree with it. It is important that disqualification should apply to all positions of trust in the gambling industry. A court will be able to make a disqualification order only if the licensee has been convicted of one of the relevant offences listed in schedule 6. In those circumstances, if the court thinks that a period of disqualification is merited, disqualification should apply to the entire licence. I do not understand why a croupier who has been convicted of theft should be able to carry on performing other functions that his licence might authorise, such as supervision of the cash cage in a casino.
I appreciate that the hon. Gentleman is trying to allow the courts some flexibility, but in this case it is important to protect the public by excluding people who could be a threat to the good name of the industry. 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 beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 129 ordered to stand part of the Bill.
