Schedule 7 - Gambling appeals tribunal

Gambling Bill

Public Bill Committees, 2 December 2004, 2:30 pm

Photo of Mr Malcolm Moss

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I beg to move amendment No. 332, in schedule 7, page 162, line 2, at end insert

', and in the event of a tie, the president shall have the casting vote'.

This is a simple amendment. We understand that under the current procedure tribunal decisions may be made by majority vote, but there does not seem to be any provision for procedure in the event of a tie. That is what the amendment seeks to address.

Photo of Mr Richard Caborn

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

For once, I agree with the hon. Gentleman's view that the tribunal should not find itself in the position where a tied outcome is possible, however the amendment is unnecessary. I draw his attention to paragraph 9, which allows the tribunal to consist of a member or the president sitting with two other members, so, in general, a tie will not be possible. Paragraph 9(3)(a) also provides for a three-member tribunal to continue with two members. That could result in a tie, but paragraph (9)(3)(b) provides that, in those circumstances, the president shall have a casting vote. It deals precisely with the situation that the hon. Gentleman seeks to address, and I therefore ask him to withdraw the amendment.

Photo of Mr Malcolm Moss

Mr Malcolm Moss (Shadow Minister, Home Affairs; North East Cambridgeshire, Conservative)

I am most grateful for the Minister's explanation, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 7 ordered to stand part of the Bill.