Clause 5 - Facilities for gambling

Gambling Bill – in a Public Bill Committee at 4:45 pm on 9th November 2004.

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Photo of Malcolm Moss Malcolm Moss Shadow Minister, Home Affairs 4:45 pm, 9th November 2004

I beg to move amendment No. 82, in

clause 5, page 2, line 27, leave out 'operates and administers' and insert

'in whole or in part or operates'.

Photo of Mr Peter Pike Mr Peter Pike Labour, Burnley

With this it will be convenient to discuss the following:

Amendment No. 83, in

clause 5, page 2, line 29, leave out

'in the operation or administration'

and insert

'directly or indirectly in the operation'.

Amendment No. 40, in

clause 5, page 2, line 35, leave out paragraph (b).

Amendment No. 84, in

clause 5, page 2, line 35, leave out 'operating or administering' and insert 'or operating'.

Amendment No. 41, in

clause 5, page 2, line 43, leave out '(despite subsection (3)(d))'.

Amendment No. 85, in

clause 5, page 3, line 3, at end add—

'(4) The Secretary of State may by regulations provide that a specified activity or an activity carried on in specified circumstances is or is not to be treated for the purposes of this Act as providing facilities for gambling.'.

Photo of Malcolm Moss Malcolm Moss Shadow Minister, Home Affairs

It would be helpful to discuss amendments Nos. 82, 83 and 84 together. They propose textual changes and relate to the same form of words in each case. There is a feeling that the words ''administers'' and ''administration'' do not sit comfortably in the clause. It is thought that they

could be open to litigation, and I have been advised that it would be clearer and more appropriate to leave out the word ''administers'' and simply concentrate on the word ''operates''. That is what the three amendments together seek to do.

Amendment No. 85 would add new subsection (4) at the end of clause 5. The amendment would allow a mechanism for the Secretary of State to clarify that certain activities do not fall within the definition of providing facilities for gambling. It is felt that that could be helpful and important, particularly for clarifying whether providing facilities for gambling includes, for example, a bank holding stake money, or a gambling operator, accountant or credit card company providing finance directly or indirectly for gambling. The amendment is an attempt to allow the Secretary of State to make regulations to define accurately and specifically those areas that are caught in the net and those that are not.

Debate adjourned.—[Mr. Watson.]

Adjourned accordingly at nine minutes to Five o'clock until Thursday 11 November at half-past Nine o'clock.