Appendix C
Letter from the Clerk of the Committee to the
Chief Executive, GamCare
Proposal for the Regulatory Reform (Gaming Machines)
Order 2003: request for further information
As you may be aware, the Department for Culture,
Media and Sport laid a proposal for the above order before Parliament
on 13th March, under section 6 of the Regulatory Reform Act 2001.
I enclose a copy of the proposal documents, comprising a draft
order and an explanatory statement prepared by the Department.
The Department has also provided the Regulatory Reform Committee
with copies of the responses to a consultation undertaken on the
proposal by the Home Office between March and June 2001.
The Regulatory Reform Committee is charged with examining
this proposal, under House of Commons Standing Order No. 141.
It considered the proposal, and the consultation responses, at
its meeting on 1 April.
One of the Committee's tasks, in examining the proposal,
is to determine whether the proposal will continue the necessary
protections in those provisions of the existing law which the
proposal seeks to amend. The Department proposes to continue several
safeguards for the player by means of guidelines for suppliers
of gaming machines, issued by the Gaming Board and enforceable
on suppliers.
The Committee was concerned to note that GamCare,
at paragraph 60 of its response to the 2001 consultation, believed
that the enforcement powers of the regulating authorities (which
the Committee takes to mean the Gaming Board, regulating in respect
of gaming machines) should be improved, "as, despite the
assertion in the consultation document, it is our understanding
that the regulator's powers to enforce compliance are only partially
effective."
In its explanatory statement accompanying the draft
order the Department has not addressed this specific point. It
has, however, stated that the Gaming Board can enforce its guidelines
effectively, and has set out its reasons at paragraph 59 of the
explanatory statement.
The Committee would like to give GamCare the opportunity
to provide evidence to substantiate its assertion, set out above,
that the powers of the regulator to enforce compliance with its
guidelines are only partly effective. In doing so GamCare may
wish to comment on the arguments set out by the Department in
the explanatory statement. The Committee has also asked the Department
for its comments on the specific point raised by GamCare.
It would be very helpful to the Committee to receive
GamCare's response as soon as possible, and preferably not later
than Wednesday 16 April. Could you please ensure that you copy
your response to Christine Salmon, Clerk of the House of Lords
Committee on Delegated Powers and Regulatory Reform,
3 April 2003
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