Joint Committee on the Draft Gambling Bill Minutes of Evidence


Examination of Witnesses (Questions 1340 - 1359)

TUESDAY 3 FEBRUARY 2004

SIR DAVID DURIE AND PROFESSOR JONATHAN WOLFF

  Q1340  Lord Donoughue of Ashton: Following up what Alan Meale has said, I note your reluctance to accept a strong link for your institution between the role of dealing with problem gambling and the role of raising money in order to deal with it. I understand that and I am sure your position would be inclined the same way but I am not sure it would necessarily survive full scrutiny. In this area the Lords Minister, Lord McIntosh, has commented that it is not "the end of the world if there are a few free-riders". In your experience to date how great has the free-rider problem been within particular sectors?

  Sir David Durie: The Trust is not well informed about the situation within each of the sectors which contribute. We have already discussed the situation in the Association of British Bookmakers. Some sectors have been more successful than others in encouraging all their members to contribute. I think that in some cases they have succeeded in getting all their members to contribute and, as I have said on two occasions, the wider the base the happier the Trust is about this. It is not that we are indifferent to the problem but our aim is to get the money to do the things which we believe need to be done and for us it is a secondary problem that not everybody is contributing.

  Q1341  Lord Wade of Chorlton: Are the targets of £1.8 million for the next financial year, rising to £3 million in 2006/2007, realistic estimates of what is needed and, if not, what amount would you suggest?

  Sir David Durie: Let me start with where we will be next year. We expect to raise at least £1.8 million next year, which is a 50 per cent increase over the current year, which itself was about 50 per cent increase over last year, so that is a pretty large rate of expansion. Given that the money should be spent effectively, we need also to consider the question of the capacity of the various service providers and of the researchers whom we are funding to provide us with value for money. In terms of the short term, even up to the £3 million in two years' time, I think that we will be able to raise all that we can effectively spend. Whether £3 million is the right figure for the medium term or indeed the longer term I think can only be a matter of speculation. I think the £3 million figure was originally suggested by the Budd Committee and when it did so it recognised that there was no particular magic to that figure. It is certainly something which the Trust itself intends to keep under review but at the moment it is not an immediate problem for us.

  Q1342  Lord Wade of Chorlton: Considering the information we have had, that we are talking about what is now an £8 billion business, maybe rising to a £12 billion business in the next few years when the Bill goes through, do you not think these are very small figures in relation to the size of such an industry (if we are relying upon those conclusions) to deal with these issues?

  Sir David Durie: Indeed. There is no doubt that those figures are small in relation to the turnover (and indeed the profits) of the industry, but the question is, are more funds needed and, if they are, can they be used effectively? Nobody has come forward yet with convincing arguments that either of those is the case. The Trust will seek from the industry whatever funds the Trust believes are necessary for it to fulfil and implement its published strategy effectively.

  Q1343  Lord Wade of Chorlton: May I just ask a further question? On the basis that you are saying you would prefer a voluntary system, what kind of a fund-raising organisation are you going to need, do you think, to raise even £3 million out of that £12 billion or £8 billion industry, which is what it is now?

  Sir David Durie: In the past the Trust has worked through the trade associations. For the forthcoming year we have worked with a mixture of the large companies and the trade associations and that has proved effective in raising the target which we had for next year. Whether that will always prove to be the case I do not know, but I think it will for the next couple of years or so, at any rate. The Trust works through others. We do not employ vast numbers of people. We have got two part-time paid people working for us at the moment and so we are operating on a shoestring even though we are being quite effective in raising the money, and effective too, I believe, in spending it.

  Q1344  Lord Wade of Chorlton: But you do not have your own professional team of fund raisers?

  Sir David Durie: No.

  Q1345  Lord Brooke of Sutton Mandeville: How much would be too much?

  Sir David Durie: Too much would be more than we could usefully spend. I am sorry—I am not deliberately being obscure, but we are not in that business at the moment. If we were, say, to get £10 million for the coming year we would not be able to spend it effectively.

  Q1346  Janet Anderson: My question is linked to Lord Brooke's. You are saying £10 million would be too much and if you had that amount of money you would not know what to do with it, but you did say earlier that you were operating on a shoestring. If you did have an increase in funding is there anything that you would do that you are not doing now because you cannot afford to do it?

  Sir David Durie: Sorry—when I am talking about a shoestring I mean a very small proportion of our budget is spent on our own expenses as opposed to funding research or education.

  Q1347  Chairman: You are not extravagant?

  Sir David Durie: No; that is what I mean. I think the £1.8 million that we will have available for next year will be enough for the things that we can usefully spend on next year.

  Q1348  Janet Anderson: So there is nothing else that you feel you could be doing which you cannot afford to do at the moment?

  Sir David Durie: Not at the moment, no. We have not got into discussion yet with our service providers about their requirements going into the second half of this year but from what I know I think it would be very difficult.

  Chairman: We look forward later on this afternoon to asking GamCare how they might want to spend £10 million, but I will leave them to answer that.

  Q1349  Lord Mancroft: Could I ask you to turn to the issue of the independence of the Trust? I accept fully that those who pay money have a certain interest in where it is being spent and properly spent. How independent of the industry is the Trust? I go further. How far should that independence go? What future steps are you proposing to make sure that it becomes more independent, if that is right, and is also seen to be more independent? On the other side of the coin, what are the benefits of having representatives of the trade associations involved in the Trust? How can you balance that?

  Sir David Durie: First of all let me say that the present position is that the Trust has ten trustees, four of whom, including myself as Chairman, are independent and six of whom are industry trustees. We have started the process of looking for, and I am confident we will find, three more independent trustees. We have recently in our newsletter said that the kinds of people we are looking for are people with experience of counselling, education, finance or law, other forms of addiction and treatment and problem gamblers. Clearly, we will not with three people get all of that but those are the kinds of people we are looking for. We will then have seven independent trustees as a majority over the industry. The current way the Trust is set up follows precisely, with one exception, the recommendation that the Budd Report made. The exception is that we have not sought to put on the Trust any of the service providers, anybody connected with the service providers of the fund. We think that that would cause a very difficult conflict of interest. The Budd Committee did not recommend that there should be a majority of independent trustees. It was the industry trustees themselves who decided that the Trust would be better with that independence. The spending decisions the Trust makes go first to a committee of the independent trustees who examine the proposals that are being made and make recommendations to the full Trust, so they are not influenced in those recommendations by the industry. I think that the Trust is being set up in a way that it is able to operate reasonably independently of the industry. On the other hand, as Lord Mancroft has recognised, there are real benefits to the Trust in having people from the industry present, both in terms of—and I am stealing Professor Wolff's thunder—a reality check on what the Trust is about but also in terms of assuring themselves that the Trust is spending their money wisely and, indeed, one of the things that we must continue to do better is to ensure that the Trust does convince the industry that it is spending their money wisely. My own experience of the Trust's activities is very recent and if you want further information about how the Trust operates in practice Professor Wolff, who has been a Trustee for much longer, can add to that.

  Q1350  Lord Donoughue of Ashton: Can I just link back to the contributions? Some of the main beneficiaries of this legislation may be the large overseas companies which have given evidence to us and have spoken of their worth being five billion, six billion, seven billion a year. Are any of those currently giving? Have any of those promised to give and, if so, what are the sums involved?

  Sir David Durie: I cannot give you the sums. My present position is that we have three of them who have agreed to contribute very significant sums next year. If you want a note about it I can let you have a note.

  Chairman: That would be helpful.

  Q1351  Lord Faulkner of Worcester: Continuing the independence theme, Sir David, presumably, as you are spending money on treatment and helping people with problems, it is likely that you will come across common factors in forms of gambling which will cause you concern. There may well be a new game or a new form of gambling activity operated by one of the contributors to the Trust which is giving rise to an inordinately high proportion of problem gamblers compared with other games. Would you see it as your duty to tell that operator that he should stop operating that sort of game and, if you did, what would happen to your contribution?

  Sir David Durie: I do not think it is for the Trust to tell somebody what to do or what not to do. I think on the other hand if we came across a situation where the Trust was sure that a particular innovation was harmful in terms of significantly adding to the issue of problem gambling the Trust has a duty, going back to what we are about, to draw attention to that both publicly and to the Gambling Commission and, indeed, to our contributors. Whether they would go on supporting us is for them but I do not think it is something which the Trust would or should shirk from.

  Q1352  Chairman: But it brings us back to the role of the Gambling Commission in what you do, does it not, because it would be for them presumably, as the people who license these various activities and permit them to take place, to pass judgment on whether or not they were suitable or whether there elements of what was going on that needed to be addressed, and I still cannot quite understand why you seemed so reluctant in your earlier answer—and forgive me if I misunderstood you—to say that the contributions to your Trust ought not to be part of the "fit and proper" test that the Commission will apply.

  Sir David Durie: No, I did not say it should not be. I said that I saw difficulties about making it. Either we are a charity funded by voluntary contributions or we are a quasi-state body, it seems to me. At the moment we are the former rather than the latter and that is the way that certainly the Trust prefers it to be.

  Professor Wolff: Can I add something on this now that you have mentioned the "fit and proper" test? It seems that one possible way forward would be that the contribution to the Trust would be seen as one way of meeting some obligations under the "fit and proper" test.

  Q1353  Chairman: That is what we had in mind.

  Professor Wolff: But that is very different from saying that that is the only way we can meet the "fit and proper" test.

  Q1354  Chairman: Oh, no, I was not making that suggestion at all. I was simply making the point that it is less draconian and less of a public body route, which you have mentioned, if simply the Commission, as part of its overall assessment of fitness and properness, took into account whether people were voluntarily giving you money.

  Sir David Durie: Certainly there is no difference between us on that. The Trust is very strongly in favour of that. It is the difference between voluntary and compulsory.

  Professor Wolff: I think everyone would accept this and it is one way of meeting the free-rider problem. Should some organisation have developed very bad relations with the Trust, for whatever reason, we would not want that to be enough for them to lose their licence if they did not contribute. There should be other ways of meeting a "fit and proper" test as well if it ever came to that.

  Q1355  Lord Mancroft: Do you think it would help to redress or eliminate the perception that there might be some bias in the sectional interests if the organisation responsible for raising contributions was somehow separated from the body that recommends the allocation of funds?

  Sir David Durie: If I may I will ask Professor Wolff to comment on that. I would just say that I have seen no evidence of the problem in my short time as Chairman, but perceptions are important, which is why the Trust is going for a majority of independent trustees and is working in the way in which I have described, which gives predominance to the views and actions of the independent trustees. Professor Wolff has been at it longer than I have and I am sure can talk about how the Trust has been operating in recent months.

  Professor Wolff: I see no bias or sectional interest. I have been very impressed with the way in which the trustees have adopted a responsible perspective and there has been no sectional interest at all, though we do accept that perception is very important here and this is the main reason—it has got nothing to do with money—why we wanted the Commission to undertake the prevalence studies rather than the Trust, because if we funded the prevalence study and they told us that problem gambling was falling, the idea that this would be believed by anyone when it was funded with industry monies would be ridiculous. The prevalence study has to be independent from the funding source, but for other forms of research, other forms of treatment, there seems to be no reason why there should be a perception problem there.

  Q1356  Mr Meale: The Committee has received evidence suggesting a wide variety of areas into which the Trust should fund research, for instance, Quaker Action on Alcohol and Drugs have suggested research on alcohol consumption and gambling and also, bearing in mind the change of name of your own charity, they have also suggested that "the effectiveness of the Codes of Responsibility in promoting responsible practice and reducing problem gambling should themselves be the subject of research and audit", and can you explain to the Committee the research that the Trust has chosen so far to fund and why it has prioritised these particular areas?

  Sir David Durie: The initial research which the Trust funded was the work of Professor Collins, which I have referred to on a number of occasions. That report noted that the academic literature relating to problem gambling is substantial but the research does not produce very much in the way of definite conclusions. The Trust has set up an independent panel to advise us on the funding of research and we have made an initial allocation to it of £250,000. Those experts were chaired by one of our trustees, Dr Guy of the Economic and Social Research Council, and the panel, which includes representatives from the Department and from the Gaming Board, has recommended that the Trust's first priority should be to commission systematic reviews of world-wide research on the subject areas relevant to the Trust's priorities to ascertain whether available research already provides any adequate answers to clarify areas requiring, and the priorities for, future research. The Trust has accepted that advice and, as I mentioned earlier, it has now advertised for tenders for that consultancy, so basically over the coming months we will be seeking (and I am sure getting) reports on the adequacy, the content and the nature of, I hope, most of the research that has been done across the world. The key elements of this research review are to identify the development of risk factors for problem gambling, the intervention options for the treatment of problem gambling and the effectiveness of those options, the impact of alternative approaches to public education, and awareness raising about the risk of gambling and the assessment of those approaches. We are asking the researchers to look not only at UK research but, also, from across the world. The aim of this will be to guide the Trust in its further activities, both in terms of what further research we commission but also in terms of what activities, both educational and treatment, we should be supporting.

  Q1357  Mr Meale: So we have a wide variety of research that you are looking at, not only in this country, which has been done, but also what further research should be done here and from abroad. So it is a fairly substantial task you have set yourself. Who in the Trust decides what you are going to do first and the services that are actually to be funded?

  Sir David Durie: As I say, we have put out today this request for tenders. The research panel will assess those requests with a view to making recommendations on them by the end of March, and for this initial research to be carried forward, basically, through the summer. It is in the light of that (we will be asking for both interim and final reports in July and September) that we will decide how to take matters forward beyond that.

  Q1358  Mr Meale: So that will be the Trust itself; the members of the board will actually decide.

  Sir David Durie: The Trust itself. However, we have got two separate things: one, we have a research panel which is drawn from outside the Trust as well   as from the trustees, and then we have a committee   of independent trustees who make recommendations on spending research. In the end, it is the Trust as a whole that will take the decisions.

  Q1359  Mr Meale: It is a substantial and significant task you have just outlined—the research which is needed from here and abroad. Final question: bearing that in mind, what you have outlined in your financial needs—£1.8 million to £3 million ultimately—represents .001 per cent. Do you really think you can deliver that with that kind of minimal funding?

  Sir David Durie: Research is relatively inexpensive. The problem with research is making sure that we have got properly qualified, good quality researchers. They are in short supply.


 
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