Schedule 1 - Betting: Prize Competitions: Definition of Payment to Enter

Part of Gambling Bill – in a Public Bill Committee at 3:00 pm on 11th November 2004.

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Photo of Malcolm Moss Malcolm Moss Shadow Minister, Home Affairs 3:00 pm, 11th November 2004

Some of the amendments relate to schedule 2, but others refer to the wording of schedule 1. We feel the need to amend the first half of paragraph 8(1) in both schedules because we believe that it could fly in the face of the Government's intention to introduce the New Zealand model.

To reiterate, that model is one in which draws tied to a product promotion do not have to be free to enter so long as the cost of entering them is no more than the cost of the product. That is because nearly every existing free route could be regarded as less convenient than the purchase route. For example, returning home to register an entry by telephone, or going online to do so, will almost always be less convenient for the consumer than simply purchasing the product on the shelf in front of them. If judges took the same view, it could well frustrate, or even negate, the Government's intention to adopt the New Zealand model in the United Kingdom.

Removing the words ''nor less convenient'' would make the paragraph far more workable in practice, while still allowing the Government to achieve their objectives. An additional benefit of the amendment is that it is technology-neutral because it does not attempt to rank different forms of communication, such as e-mail or phone, by degrees of convenience, because those may well vary according to the individual concerned.

The second half of the paragraph should refer to participating in the arrangement, not entering the lottery, because, as we noted during the debate on an earlier amendment, the Bill will redefine the meaning of ''lottery''. It is therefore more appropriate to speak in terms of an arrangement, not least for reasons of consistency.