My Lords, my friend the right reverend Prelate the Bishop of St Albans has been unavoidably detained in his diocese, so has asked me to speak to his amendment. This is a probing amendment attempting to address an issue that causes regulatory anomalies, in that Northern Ireland does not have the same standards for gambling as Great Britain. This amendment is an opportunity for the Government to enable greater harmony in gambling regulation and legislation. The existing lack of alignment has appeared piecemeal in nature since the Northern Ireland Act 1998, and has led to confusing quirks. For brevity’s sake, I will quickly outline the differences the right reverend Prelate the Bishop of St Albans has identified as being of difficulty to the people of Northern Ireland, who do not have a well-regulated gambling industry with safeguards for all.
Northern Ireland does not use the Gambling Act 2005. Instead, it relies on the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985. The right reverend Prelate the Bishop of St Albans has suggested that this outmoded basis for a modern gambling industry has led to a lack of safeguards. As the Department for Communities writes on its website, one in 50 Northern Irish adults has a gambling-related problem, which is,
“three times higher than in GB”.
A review into future regulation took place in 2011, but regulatory and legislative harmony has not occurred. Arguably, a lack of oversight has been the result. Courts and district councils license gambling activities, the Department for Communities controls licences for track betting and the PSNI enforces the law. Take, for example, the confusion over Gambling Commission regulation. The 2005 Act created the commission, with no authority in Northern Ireland, yet exceptions exist. Under Section 5 of the Gambling (Licensing and Advertising) Act 2014, for example, the regulator has oversight of the offence of advertising unlicensed remote gambling. This regulatory confusion is not anyone’s desire, not least those who must understand these distinctions.
I turn to another quirk deriving from the lack of legislative harmony. The Gambling Act 2005 underpins much of industry behaviour, including the spirit of the CAP codes, which inform Advertising Standards Agency regulation. As gambling advertising is overseen by the ASA, which has oversight of Northern Ireland, it makes the situation unclear. The advertising regulator states:
“The Gambling Act 2005 does not apply outside Great Britain”.
Therefore, licensees should ensure that:
“Specialist legal advice should be sought when considering advertising any gambling product in Northern Ireland”.
It is not just regulators based in London that struggle with the lack of clarity. The Department for Communities told the BBC in 2018 that the mere legality—not the stake, but the legality—of so-called fixed-odds betting terminals is a grey area. I quote,
“their legality can, therefore, only be definitively determined by the Courts”.
Many of your Lordships are aware of the work from these Benches on stake reduction of electronic gaming machines. The situation we were in, until a stake cut, was a consequence of the 2005 Act, yet devolved legislation never had the categories of A, B, B2, et cetera. While there is no certainty of the legality of these machines in Northern Ireland, the industry has flourished. When the rest of the country saw a stake reduction, the estimated 600 fixed-odds betting terminals in Northern Ireland did not see a legally enforced stake cut. These confusing loopholes do not even begin to touch upon notions of no-purchase-necessary rules, Sunday trading or casinos. The anomalies and confusions abound: gambling operates inconsistently within the UK, and this affects lives.
It has been a steep climb through this complicated legislation. Clearly on some things regulation and rules are the same, and then on another matter they diverge. While these Benches, alongside the Church of Ireland, deeply regret Westminster legislating on Belfast matters, Northern Ireland deserves clarity as soon as possible. Harmonisation can offer this, and I hope the Minister considers it in the Government’s report. I beg to move.