Joint Committee on the Draft Gambling Bill Minutes of Evidence


Examination of Witnesses (Questions 280 - 299)

THURSDAY 8 JANUARY 2004

MS HELENA CHAMBERS, MRS JENNIFER HOGG, MS RACHEL LAMPARD AND MR JONATHAN LOMAX

  Q280  Jeff Ennis: What are the risks of blurring the boundaries between "soft" and "hard" forms of gambling which certain people have given us evidence to the effect that it will be a possible outcome of the current proposals?

  Mr Lomax: Currently public policy does recognise obviously differences between different types of gambling and their potential dangers, particularly with regard to casinos, and public policy recognises that by requiring a membership arrangement with the casino and a 24-hour kind of cooling-off period, if you like, between going to the casino and being allowed to play. We see the removal of this as quite a significant blurring, if you like, because you are taking out of public policy that distinction between games in a casino which, statistics seem to show, are slightly more dangerous in terms of problem gambling and making it in effect not that much more difficult to play than buying a National Lottery ticket, so that blurring, I think, is happening there. Also, as we have heard this morning, some of the Government's definitions of "soft" and "hard", we would have issue with. I think the most obvious of those, and I will not go into detail because we did earlier on in the Committee, was children and Category D machines. I have to say again that every member of this panel believes that Category D machines should not be available for play to children and we believe that that distinction that the Government have made and, if I may say, the changed designation of what they are called is actually completely arbitrary and, as the learned academics this morning showed, there is no evidence really to show that. Also as was mentioned, in the survey that we have had done, 82 per cent of the population said that they did not think that children under the age of 18 should play fruit machines. This can also be seen in the modelling aspect that we heard of earlier with the mix of the family entertainment centres and perhaps the feeling that if children see adults behaving responsibly or not, then at least there is that kind of socialisation aspect there, but, as was pointed out I think again this morning, there is no evidence really to show that that does halt problem gambling in the future and in fact if they are being shown poor examples, that can be quite a negative thing.

  Q281  Jeff Ennis: So you would like to see the complete banning of any new machines, including the ones which currently exist, say, in amusement arcades at resorts?

  Ms Lampard: Yes, we do not think they are appropriate for children under the age of 18.

  Q282  Jeff Ennis: What about the type of facility you get at a motorway service station where it says that only the over-18s can go in this area or whatever, which is an incidental type of business to the core business of that particular facility?

  Ms Lampard: On the whole question of kind of ambient gambling or incidental gambling, our major concerns would not be so much with the motorway service station-type approach as the chip shop taxi rank kind of approach where we have spoken already about the Category D. It is very important that if you can keep your gambling under control, it is a conscious decision and you know how much you can afford to lose, then if you gamble incidentally, that is far less likely to happen. The particular concern also with the chip shop model is that it is very unsupervised. You are only going to need a machine permit, so there is not going to be the same degree of regulation and licensing, and there is a question there of whether any type of social responsibility is going to be involved as well. The second area, I think, where we would have concerns is around pubs and clubs which you may well have already heard about. You have visited GamCare already, so you will have seen their statistics, but their statistics for last year showed that the number of fruit machine gamblers who did the majority of their gambling in pubs and clubs rose from under 20 per cent to over 30 per cent in one year who were problem gamblers, and there is a real concern about the mixing of alcohol and gambling in that the more you drink, the less likely you are to gamble wisely. There are also going to be problems about children in pubs and clubs where those kind of machines are available and the stress that it puts on the staff having to enforce the law and ensure that children do not have access to them. I think that the chip shop model and the pubs and clubs are our two main concerns in terms of gambling.

  Q283  Jeff Ennis: So you are not as concerned about the motorway service stations' over-18 type of scenario?

  Ms Lampard: I do not think we are as concerned, but obviously—

  Q284  Jeff Ennis: So you would not want to ban them?

  Ms Lampard: Well, speaking personally because this is not something we have discussed as a group here, I think that gambling should be in places where people go to expect to gamble.

  Mr Lomax: There is also an issue of supervision. We have all been to motorway service stations and those barriers are not controlled by an adult checking on anybody's age, so there is an issue of supervision there, I think.

  Ms Chambers: If I can add a further point, my background is in the treatment of problem dependent behaviours and another factor here which fits in very neatly with this destination gambling idea is that the people who have suffered from a dependency issue, one of the things is triggers that can trigger that behaviour occurring again and people learn rehearsed techniques for preparing for these scenarios and dealing with them. Whereas one cannot control 100 per cent every environment, it is nonetheless true to say that in these areas where you may not expect to find these things, but do find them, that is not a particularly helpful model, particularly if it is going to bring more gambling into areas which you are also having to avoid.

  Q285  Chairman: Dr Sue Fischer has said that, "controlling one's response to gambling requires certain life skills which are likely to be under-developed in children and young people". Now, can you tell us what these life skills are and what protection should be offered to protect those without them?

  Ms Lampard: I think we are all absolutely delighted to hear the reiteration by the Government that gambling is an adult activity. That is something we absolutely agree with. It is not aimed at children and we are glad to see that the legislation provides some provision for this. I think the life skills are about how you stay in control, how you keep the ability to be almost slightly detached, not to overreact to the winnings and the losings. I think Mark Griffiths spoke very openly this morning about how the gambling experience, the gambling episode can overtake even an adult who is used to this kind of thing. Now, the impact that that would have on a child of eight, nine, ten or eleven, you can really imagine that. That is not to say that these things come automatically with adulthood, but the kind of life skills and life experiences are more likely to be accrued over time. We have already spoken about our concerns about access to Category D machines and I think that that would be our kind of primary response, that children do not have the degree of emotional maturity to deal with the emotions that gambling can throw up and it is clear from the Salvation Army poll that the majority of the population seems to agree with that point of view. I would say that if the Committee or the Government are not willing to look at these machines, then we really need to get the research that will show whether there is the damage that we fear there is to children from playing on fruit machines and be willing to take the difficult decisions a few years down the line if this is shown to be true. Also, as a kind of secondary point, I would raise the issue of children's access to other forms of gambling, where even if they cannot play it, they can be there. They are still going to be allowed into bingo halls, for example, and pubs and clubs. There is also the question of the advertising or the inducement of children to gamble which appears in the draft legislation. We have all had more spam e-mails, I think, than we would probably care to remember, but the number of those which will come from gambling sites, for example, and spam messages over your mobile phone, it is not acceptable for those to be sent to children without any effort being made by the companies to find out who owns the number or who owns the e-mail address.

  Q286  Chairman: Do you think it is feasible or appropriate to integrate education about gambling and its dangers into the education which schools give to the young in respect of sex and alcohol?

  Ms Lampard: I think it is important to say that education is not the same as life skills. We are actually talking about two very different things here and I think we would also recognise that school curricula are already quite over-loaded in terms of the demands being made upon them in terms of citizenship and personal and social welfare, valuable as these things are. Having said that, there are resources that are already available. There is one produced by GamCare called A Certain Debt which is aimed at 12 to 15-year-olds and which tries to look at increasing the awareness of what gambling is, the dangers of uncontrolled gambling, and also what it means to gamble responsibly if you do decide to gamble, to decide how much you want to lose and to look at gambling as a leisure activity rather than as a way of investing money and it should never take up a significant amount of your time. Trying to get those lessons across to children and young people would be very valuable, and also teaching statistics within schools, learning that if you have had heads rather than tails nine times out of ten, then on the tenth time, it is still just as likely to be heads.

  Q287  Chairman: A very good analogy!

  Ms Chambers: Here I would just say that I think we are all involved in working with young people in one way or another in our own communities and in my case anyway with regard to drugs and alcohol as well as gambling. We follow with great interest evidence about the effects and the outcomes of education-based initiatives on these areas. Although there is some very positive work being done, and we are all engaged in it, we do believe that there is some benefit in doing so and it has to be said that the evidence about prevention programmes in schools, for example, is critical, to say the least, so this is something where the field as a whole, I think, would not claim to have the skills to effectively prevent it and I think this is something for education and that needs to be recognised in terms of the balance of measures that are being introduced.[40]

  Q288  Viscount Falkland: There is evidence that those on lower incomes spend more in proportion to their means on gambling than those on higher incomes. Is there in your view a risk that, as is the case with the National Lottery, gambling taxes can be seen by some as a tax on the poor? If I could just add a rider to that, none of us, I do not think, would disagree that gambling for some people is a significant cause of their debt position, including card debt, as we heard in the earlier evidence. How do you think this could be minimised?

  Mr Lomax: Obviously in the absolutely literal sense gambling taxation falls equally on every gambler, but the studies do show that those with lower incomes tend to spend a higher proportion of that income on gambling, so there is a sense in which you could look at an increase in gambling opportunities and, therefore, taxation as regressive because if things carry on as they are, we can safely say that those with lower incomes will be spending a higher proportion on it, so we know that already. That is actually doubly disappointing when you consider that actually the Government at present spend virtually nothing on treatment of problem gamblers, particularly with the notion of that taxation. On the debt issue, as I am sure you are aware, the Salvation Army and indeed lots of churches deal with thousands of vulnerable people each year. If I can just give two very short anecdotes, there is a homelessness centre about a quarter of a mile from here, a Salvation Army one, on Great Peter Street. I spoke to the manager there a couple of weeks ago and at this present time there are 28 residents, blokes, in that place there who in their key worker sessions are claiming, and it is all self-diagnosed, but identifying problem gambling as a real issue for them. More than that, there are three gentlemen at the hostel, just this one hostel in Central London, who have asked members of staff in the hostel to actually accompany them to the post office or wherever to pick up their benefits so that they can be escorted back to the hostel because they actually do not trust themselves to go alone. There are some better stories. There is a chap also called Roger from Scotland whom I was also speaking to around this issue who basically got into gambling through horseracing and things cascaded, as these things tend to do. His wife asked him to move out and then, after he moved back to his parents, they asked him to move out, so he ended up at one of our homelessness centres in Bradford. Now, after a lot of work not just on the Salvation Army's part, but other agencies as well, Roger has really sorted himself out and I spoke to him in our head office a couple of weeks ago over a coffee and he was just off to his job with one of the train companies in south-east London, so there is some hope, but both of those show that yes, I think this does have a disproportionate effect on those on low incomes. What can be done? I think the first thing is credit cards in terms that we are all very concerned about the proliferation of gambling on credit. There just seems to be something innately worrying about that and again our poll showed that 94 per cent of the population feel that allowing people to gamble with credit cards would put people at a greater risk of incurring gambling debts. It sounds obvious. It is obvious and people are saying it is obvious. The second thing is membership. If we go back to the casino issue again, it is things like loyalty cards or membership tallies that allow you to keep track of what you are spending. It is not a walk in off the street issue and so you are not really sure what is going on. That is one potential safeguard. The third and final issue is debt counselling. We have heard a lot about problem gambling as an illness or a condition that the academics and the psychologists can speak to you about, but as these gentlemen a quarter of a mile from here know, it is about financial issues as well and being able to deal with their money. So we would like to see some real highlighting of debt counselling as an issue.

  Q289  Viscount Falkland: Could I ask you whether it would surprise you to hear that yesterday when we went to GamCare we met a young woman whose partner had got their relationship into such a state that they were on the verge of having their house repossessed and this had been going on for a long time and she showed us a batch of that morning's mail to her husband offering further lending facilities from credit card companies?

  Mr Lomax: It would not be surprising at all. I would not feel qualified to speak about the psychology of crossovers between problem gambling and other kinds of financial problems, but anecdotally that does seem to be the case. GamCare say that the average level of debt for somebody who rings a helpline is about (19,000. The Office of National Statistics in November or December released statistics saying that for the average household it is (5,000 of unsecured debt. That is still a large amount of unsecured debt. For problem gamblers it is already four times higher and we are really very concerned about that.

  Q290  Lord Wade of Chorlton: Do you believe that the NHS should accept that problem gambling is a problem like drinking or any other problem that people get involved in and so ought to be treated at the cost of the NHS?

  Mr Lomax: As was raised earlier in one of the questions, it seems to me a very obvious potential consequence for the NHS. As Professor Orford was saying earlier on, this is a public health issue. The language of gambling is as a leisure activity which many people enjoy and that is absolutely fine and the Government are very keen to push that leisure activity angle for obvious reasons, but as Professor Orford definitively pointed out this morning, this is already a public health issue and as such I am sure that the NHS really would want to be involved in that.

  Q291  Lord Donoughue of Ashton: There will be new gambling facilities developed under the Bill, if it proceeds and that would go to the local authorities who do not necessarily have experience in this area and for whom it is not clear what priority it would be. What factors do you think local authorities should take into account when considering these applications and who should they consult before proceeding?

  Mrs Hogg: We do have lots of grass-roots experience of this now and I am very glad that the Committee is going to address planning and licensing on the twenty-ninth which I look forward to with great interest. We feel that the social impact must become what planners call a material consideration in the planning process. What we are finding at the moment is that if you start raising concern about the social impact of a building proposal planning officers' eyes glaze over because it is outside their remit, the borough council planning committee members are very wary of even raising it because they do not want to hand the developer grounds for appeal by raising something which is outside of the remit and social agency professionals who we have spoken to may agree with the logic that it is going to add to their burden but they do not feel able to comment against a matter such as this is which is already stated government policy and this is our frustration. We want to see four things. The first one is consultation. We would like the statutory consultees, as they are termed in the planning process, to include any of the agencies who pick up the pieces and that could potentially be very broad. We do want social impact to be a material consideration. Secondly, we would like a multi-dimensional approach. We would like there to be a statutory requirement on the planning committees to commission an independent report on the economic, social and infrastructure effects of any significant development and this would bring it all out into the open. Thirdly, proportionality, we think that such an independent report should cover the area from which the casino development plans to draw its customers. For instance in Blackpool, where some people want a casino resort, the casino resort plans to draw customers from a very wide area and so the social impact should be determined across the whole of the north-west because the footprints of the building will be very broad. I know section 129 of the Act talks about adjoining properties but we feel that is really inadequate. Finally, we come back to what the learned professors were saying about the need for more research because as soon as you ask the social agency professionals to come in they will say "Where's the research". At the moment we feel the planning process is not able to offer local communities sufficient protection.

  Q292  Lord Wade of Chorlton: These two questions follow on from the submissions we have had from the Methodist Church. You state in your submission that you strongly recommend that a reference to social responsibility codes be included in the Bill itself and also that the Commission should have regard to whether the applicant has made a demonstrable commitment to operating in a socially responsible way. Could you just explain why you think that is necessary and how you would expect operators to demonstrate that social responsibility?

  Ms Lampard: I understand social responsibility as being about the gambling operators taking responsibility for the damage that gambling can cause to some of their customers. Whilst the contributions they may make to treatment and research and education are very important, it is not just about corporate giving, it is about business practices and how they operate. There are two specific reasons why I think there should be particular mention of social responsibility within the face of the Bill itself. First of all, there is a lot of scepticism about this Bill. The constituencies that we represent are quite fearful in many ways that it is going to result in a free for all. Social responsibility is constantly mentioned by the Government. I am always mentioning it when I am trying to defend some of the things that the Bill is trying to achieve. If it could be incorporated into the Bill itself it would leave the Government and the people who are trying to defend it a lot less exposed. Secondly, I think it is so central to the new regime that this needs to be in a sense drawn to the attention of the gambling industry in the starkest way possible. Under clause 56(ii) there are the range of issues that the Gambling Commission have to have regard to in forming an opinion about the suitability of an applicant for a licence and they are things like integrity, competence and financial situation. If a demonstrable commitment to social responsibility was included alongside that that would embed social responsibility concepts and practices deeply within the Bill. It would also mean that social responsibility would count from day one. It would not just be when you broke a code, you would have to demonstrate from day one that you were implementing this throughout your organisation.

  Q293  Lord Wade of Chorlton: Are you saying that social responsibility is too easy to define in all kinds of different ways?

  Ms Lampard: Shall I tell you how I would define it?

  Q294  Lord Wade of Chorlton: That is what I am asking you to do. If you do not want to do it now, you might like to write to us and explain to us what you mean by it and what you would expect the company to carry out in practice, that is the point.

  Ms Lampard: I am sure the Committee will have seen the many voluntary codes that already exist across the industry. I think there are five areas that I would want to see companies abiding by in terms of social responsibility. The first is about how you prevent children's access and that might be about checking ID on the way in. If you are doing Internet gambling then it might be about not using the kind of cards that children have access to. Solo cards are available to people of 14 or so and you can use them on some Internet gambling sites. The second area is how you make the customer aware of what they are getting into, that might be things like probabilities of play that was referred to in the previous session. The third one is the structural concepts of what types of games are particularly problematic and how do you reduce that risk element, so it might be about introducing reality checks or clocks or breaks in machine gaming, the kind of thing that actually reduces the structural likelihood of developing problems with your gambling. The fourth is about how you act towards people who are at risk of losing control of their gambling, how you treat problem gamblers, so that might be about having help-lines, leaflets or little stickers on the machines. It might be about having trained staff so that if somebody gets to the point where they say "This is out of control. I can't handle it anymore. What shall I do?" somebody is there not necessarily to give them counselling but who will know how to handle that situation, that person and to help them to move on to recovery, to deal with their problems. The fifth one relates to how the gambling industry and the operators themselves actually relate to the communities around them, whether it is agreements about the treatment of the local environment or it is about involvement in local projects, but that should be part of the social responsibility. I would argue that they need to be able to demonstrate that before getting their licences, in order to be able to get it and that is the only way that we are going to build into the Bill the guarantees and the safeguards aimed at children and vulnerable people that the Government has placed so high on its agenda.

  Chairman: Thank you very much. That is very clear and very helpful.

  Q295  Lord Faulkner of Worcester: I would like to ask you about the Gambling Industry Charitable Trust. Jennifer, you make the point in your written evidence that you believe it is essential that the GICT is independent of the industry. Can you say what you mean by that?

Mrs Hogg: I think what we meant by that was that we would like to see a trust that has credibility. The name itself is questionable, the Gambling Industry Charitable Trust. It all depends on who is in the driving seat. If the industry is prepared to allow a body to call it to account, something that has teeth, then we would be very interested in that. If it is going to dispense funds it would not be quite so effective.

  Q296  Lord Faulkner of Worcester: Do you think representatives of the industry should sit on it?

  Mrs Hogg: It depends who is in the driving seat, but what we would like to see is a multi-dimensional body with representatives of organisations that treat gambling involved, faith groups definitely, if that was appropriate, social agencies, addiction specialists, educationalists, we would like to see a broad remit.

  Q297  Lord Mancroft: As trustees?

  Ms Lampard: Either as trustees or in terms of an advisory group. It is about having breadth and having a range of people who are able to set the funding priorities and also the research priorities which the industry will then fund and that could be an arm's length approach.

  Q298  Lord Faulkner of Worcester: Is the basis of the arm's length approach not a voluntary contribution but one that is statutorily contained in the Bill?

  Ms Lampard: There are a variety of views on this.

  Q299  Lord Faulkner of Worcester: I am asking you for yours.

  Ms Lampard: My view is that we ought to give the voluntary approach a chance. That is partly on the basis that it is always good if you can get people to buy into things as they are far more likely to care about the spirit of it. Research, looking at other jurisdictions, shows that if you have a levy you get less money because much more of it will go on the administration. So I would want to see a voluntary levy given a chance but with a big stick behind it if it does not work out and that stick being waived very firmly at members of the industry who at the moment are freeloading on the other people who are contributing to the trust. We make the suggestion in our submission that the Commission might like to look at the question of donations to the trust itself or other appropriate bodies as part of the evidence of compliance with social responsibility codes.


40   Note by Witness: My point is that prevention programmes have not been shown to have reliable effects in reducing problem behaviours in the drug and alcohol fields. This has to be taken into account in the draft legislation; it cannot be presumed that education or prevention programmes will reduce the risks of children developing problems with gambling. The evidence suggests considerable doubt and uncertainty in this area. Back


 
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