Offshore Gambling Bill

George Freeman Excerpts

Friday 25th January 2013 Commons Chamber

[George Freeman (Mid Norfolk) (Con)]

I pay tribute to my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) for leading the debate this morning, and to my one-time office mate, the Under-Secretary of State for Skills, my hon. Friend the Member for West Suffolk (Matthew Hancock), whose constituency includes Newmarket.

As a sponsor of the original Bill, it is a pleasure for me to be here on this Friday morning to support this Bill. I support it because I believe the racing industry needs it, and I shall say something about why this great industry requires our support. Contrary perhaps to the wishes of the Whips, I do not intend to talk the House through my family’s long connection with racing, other than to acknowledge it, as I think that will reveal something about the extent of this great industry’s footprint out in the rural economy.

As one or two Members know, my father was a one-time national hunt jockey who rode for Her Majesty the Queen Mother and won the grand national in 1958. My brother is a racehorse trainer in California, where the funding for racing is rather more sustainable. It a place to which many of the British diaspora in racing have headed because of its more sustainable model of funding. Other members of my family have for many years been involved in breeding. My uncle Christo Philipson was a one-time chairman of the British Bloodstock Agency, and I grew up Newmarket, so I know very well that it, along with a number of towns such as Newbury, Malton and others in the UK, is totally dependent on this industry.

I also have a constituency interest. I am not lucky enough to have Fakenham race course in my constituency, but it sits on its northern boundary. It sits at the heart of a deep local, rural and equestrian economy of which Norfolk is proud and on which it relies—a network of point-to-point races, local equestrian activity and pony clubs, which are all part of the grassroots footprint, particularly of national hunt racing, and a cluster of trainers and breeders around the Attleborough area on the fringes of the Shadwell Stud in the corridor between Fakenham and Newmarket. This is the invisible side of racing that one does not see when tuning in to watch the Derby, the 2,000 Guineas or even the grand national. It is for the benefit of those communities and the rural economic impact that I stand here today.

We are debating this important issue because the health of racing is vital to our overall economy, yet it is under severe threat. The crisis in prize money and the crisis in respect of the leaching away from the industry of revenues on which every other racing industry around the world is able to rely is undermining the health of this great industry, It is, as I say, an issue of vital national importance.

Let me take the opportunity of reminding the House of the industry’s size. More than £10 billion a year is placed in bets; more than 6.5 million people attend our race courses, with a total turnover of over £3 billion. About 7,000 staff are employed directly, but more than 80,000 full-time equivalent staff are employed in supporting and associated activities. There are more than 4,000 breeders. We hear a lot about the top 10 or 15 breeding operations, but there are many small breeders and small-time trainers at the bottom of the pyramid who rely on prize money to keep them in business.

I would also argue that the horse racing industry has a disproportionate impact in the rural economy—an area that the Government have rightly put at the heart of their economic mission to drive a rebalanced economy and to help this country claw its way out of the debt crisis that confronts us. Its wider footprint—the feed suppliers, the hauliers, the farriers, the saddlers and the tourism associated with local race tracks—is very significant.

The truth is that our racing industry faces a crisis in respect of prize money, and it is a crisis that is particularly affecting those in the bottom half of its pyramid. At the top of the racing industry, particularly in the flat sector, the cost of racing is easily met by the rewards associated with breeding. For those at the bottom of the pyramid, however, prize money is the central method for covering costs and maintaining racing as a sustainable and viable activity. I shall say a little more about that in a few moments.

[Philip Davies]

As my hon. Friend knows, I share his passion for horse racing, but does he not accept that the levy model largely works by taking its income from low-quality racing, which some people might describe as betting office fodder? The money raised from that tends to be used by the levy board to increase the prize money at the top end rather than increase it at the bottom end, which might help the small-time owners, trainers and breeders to whom he refers.

[George Freeman]

My hon. Friend makes an interesting point. I dare say there is an extent to which the industry needs to think about how it allocates its prize money, but the fundamental point is that unless it has a sustainable link to a reliable source of revenue from its principal input, which is betting, all this discussion is academic. The central point we are confronting today is how this great industry, which successive Governments have acknowledged needs a statutory basis, continues to ensure that the betting activity that feeds off it puts back a sustainable and responsible contribution to promote it.

The truth is that the levy has not been able to react quickly enough to the transformation in the gambling industry, which has seen so many of our gambling businesses move offshore. Eighteen of the 20 biggest bookmakers are now offshore. We have heard of one this morning—it is an “n of 1”—proudly maintaining a presence here in the UK, but the trend is indisputable and has been very significant in reducing the industry’s income.

Prize money has been significantly affected. It is important to acknowledge that prize money is vital for ensuring that we attract the best horses for breeding here, the best horses in training and the best people in the industry. Our elite racing sector at the very top is, of course, world beating, but prize money is also crucial to sustaining the less glamorous part of the industry out in our more diverse parts of the rural economy.

The levy contribution has nearly halved over the last five or six years. I want to highlight that by having a look at today’s Racing Post, which will illustrate some Members’ points. I do not intend to read it all, but let us look at today’s card at Lingfield. The first race at 1 o’clock is the Bet at bluesquare.com claiming stakes. The prize money is £2,045. If we divide that up between the first, second and third and between the owner, the trainer and jockey, and we take off the costs—of fuel, of staff, of getting a lorry to get a horse to the races— we see that that simply does not add up. Across the country, we are seeing small trainers and breeders packing up.

The other interesting thing to notice about the 1 o’clock at Lingfield is that there are only four runners in it. What is happening across the sector is that in that lower half of the market, fewer and fewer people are able to survive. That feeds in on itself. The smaller the fields, the less attractive for TV coverage and the less attractive for betting. In case anyone is concerned that there is a bumper race with huge prize money somewhere in the middle of the afternoon, the 1.30 prize money is £2,000, the 2 o’clock is £2,700 and the 2.30 is £2,040. These are disproportionately small sums compared with prize money in France or in Ireland. That is why we are seeing increasing numbers of trainers leaving this country and going to those territories. We are allowing this structure to undermine one of our great industries at a time when the Government are rightly doing everything they can to remove obstacles to growth and to drive economic recovery.

[Miss McIntosh]

I am following my hon. Friend’s arguments very closely. Does he share my concern that the average prize money in British racing is £10,135, while in France it is approximately £21,500 and £15,700 in Ireland? I think that helps to make the case that the hon. Member for Newcastle-under-Lyme (Paul Farrelly) was making.

[George Freeman]

As ever, my hon. Friend makes an excellent point. That was exactly the point I was about to make. The differences in prize money are significant and make a very significant difference. We are not talking here about marginal competitiveness, but fundamental differences in the rate of prize money that no sensible or rational operator in the industry could ignore. Indeed, they are not ignoring them. In the last few years there has been an 8.4% drop in the number of horses in training, and that continues year on year. There has been a 32% drop in foal production, which is an even more significant figure in the context of forthcoming years. Britain now ranks bottom of the global league in terms of the percentage of trainers’ costs that they are able to recoup through prize money—the figure is 21%—which means that trainers are increasingly dependent on their fees. That raises the costs of having a horse in training, with the result that fewer and fewer people—such as my hon. Friend the Member for Shipley (Philip Davies)—can afford to do it. We want to make racing an activity that more and more people can access, enjoy, participate in and contribute to, but by allowing the present structure we are doing exactly the opposite. We are feeding an increasing diaspora of British racing talent overseas.

The last Government’s attempt to deal with this problem, as with so many others, failed. The Gambling Act 2005 did not sort the problem out. It allows betting operators to base their remote operations offshore, often simply by placing the servers offshore while many of the offices are in the United Kingdom. It creates loopholes by allowing offshore bookmakers to avoid Gambling Commission regulation, and by exempting them from payment of their fair share of the levy.

[Mr Nuttall]

In what ways does my hon. Friend think the operators who have moved offshore are enjoying any less regulation by being based in, for example, Gibraltar rather than in the UK?

[George Freeman]

Those operators are not required to comply with the regulation that applies to operators based in the UK. The Bill will simply create a level playing field by making offshore bookmakers subject to exactly the same regulation, which I do not think anyone would consider unduly onerous. Such a level playing field would also encourage new entrants into the betting market, a development of which Conservative Members in particular would approve.

I support the Bill principally because I think the amendments that it proposes to the 2005 Act will create that level playing field. It will

“regulate remote gambling on a point of consumption basis; to require all operators selling into the British market, whether in the United Kingdom or overseas, to hold a Gambling Commission licence to enable them to undertake transactions with British consumers and to advertise in the United Kingdom; to provide that all relevant operators contribute to the Horserace Betting Levy”.

That does not strike me as a radical package of anti-business measures. It does not strike me as a dramatic attack on the freedom of the market, or a contravention of any simple, basic business principles. It is simply common sense. We need a structure that supports our industry, is fair, and provides a level playing field for all operators.

I believe that the Bill will unlock three important benefits. It will provide better protection for consumers. If all operators are subject to Gambling Commission requirements, everyone who places a bet will know that wherever they are placing it, it will be subject to the same regulation. Operators will be mandated under the Gambling Commission’s licence condition 15.1 rather than being able to operate on a voluntary basis. The Bill will, as I have said, return a level playing field to the market, and in so doing will make it easier for small to medium-sized operators to enter the sector.

At the heart of the debate is an issue similar to the one that we face across the board. Industries are increasingly dominated by big players, while smaller placers are locked out at the bottom. The pyramid of racing, which at the top relies on the glamour and prestige of the Derby, the grand national and other big, celebrated events, has deep roots at the bottom. Unless we look after those roots and introduce a system that maintains their viability and sustainability, we will see them wither. I believe that the Bill does what the 2005 Act failed to do. It resolves a very simple and fundamental funding crisis at the heart of racing, and gives hope to the 60 race courses in the country—including Fakenham, which is on the edge of my constituency—by reassuring them that they have a sound basis on which to continue to thrive, and to support both racing and the local rural economy.

I understand that the Government intend to give effect to these measures with legislation of their own, and that they have published a draft Bill. I hope that the Minister will assure me that in pursuing their own legislation, the Government will seek to give effect to undertakings given previously. On 20 January 2011, at the end of the debate on the funding of British horse racing, my hon. Friend the Member for Weston-super-Mare (John Penrose)—who was then the Minister responsible for tourism and heritage—said:

“It has also been pretty much universally agreed in today's debate that the current levy system is old-fashioned and, if not broken, in the process of breaking.”

He also said:

“It is absolutely right for the House to urge the Government to come up with concrete proposals before the end of the year, and I am happy to accept that challenge, in line with the mood of the House.”—[Official Report, 20 January 2011; Vol. 521, c. 1067.]

Since May 2011, racing has been involved in a pre-consultation process and subsequent bilateral discussions with the betting industry, represented by the industry’s recognised trade body, the Association of British Bookmakers, and under the auspices of the Department for Culture, Media and Sport, to achieve a sustainable long-term replacement for the levy. Despite its best efforts, and notwithstanding the aims of the Bill, racing is continually told that the levy is incapable of the reform that would enable it to capture modern forms of betting. It is therefore vital for the work to establish a mechanism that is fair, enforceable, commercial and sustainable to be completed. Solutions, including a racing right and a Gambling Commission licence condition requiring bookmakers to have commercial terms agreed with racing, are available and the consultation is due to begin this year.

I understand the Government’s preference for legislation of their own. Having looked at the draft Bill and heard the views of the British Horseracing Authority, I should like to raise a number of issues which I hope the Minister will address in his closing remarks.

[James Duddridge]

My hon. Friend has referred repeatedly to the contribution of horse racing specifically, but the industry does not benefit the country equally. It is targeted on helping those in rural communities, some of which have suffered particularly badly over the last decade or so.

[George Freeman]

My hon. Friend has made an excellent point. While of course the industry has a general economic impact on the UK economy, certain pockets of the country are being hit particularly hard, including some of the areas that most need the economic growth that the Government are doing their best to unlock.

I move on to the areas that I wanted to ask the Minister to address. As I understand it, the clause in what might be called the “McIntosh/Hancock” Bill providing that once all operators selling into the British market have a Gambling Commission licence the legislation must provide that all operators contribute to the levy has been omitted from the Government Bill. Will the Minister provide reassurance that the Government Bill or some other measure will provide that all operators will contribute fairly to the levy?

Does the Minister agree that we need to tackle the basis on which we fund racing, and that voluntary arrangements for the funding of an industry and a sport as important as racing are unsatisfactory in the long term, unless they are enshrined in some sort of contract, with legal underpinning, on the basis of which the industry can plan and invest? Does he agree that we would do well to look at some of the overseas examples, as different countries have tackled this problem in different ways? Australia, in particular, has very effective legislation that ensures a commercial basis between the sport and the bookmakers, providing a sustainable basis for funding the industry.

On regulation, I note that the Government Bill says that the enforcement of licensing at the point of consumption will be light touch. We are all in favour of light-touch regulation, but will the Minister guarantee that the Government’s interpretation of “light touch” will still mean appropriate provision for enforcement is made to prevent many operators from escaping its provisions? Such a situation occurred as an unintended consequence—I am sure it was that—of the Gambling Act 2005.

I hope that the Minister will reassure the House that the ambitions of this Bill, the ambitions set out by the House in discussing its original presentation and the undertakings given by the former Minister will be dealt with in due course by the Government. I understand, as I am sure all hon. Members do, the pressures and complexities that the Minister faces in legislating in this field, but we have a duty to get this right. We have an historic opportunity to do so in this Bill, in the interests of our economy, at a time when we need to do everything we can to ensure growth in key industries in this country, and, in particular, in the interests of our rural economy and British leadership around the world in a great and growing business.

We are having this debate on the day the Prime Minister returns from Davos having given major undertakings about this generation of Conservatives’ commitment to fair tax and to ensuring that we believe in and will support responsible capitalism and moral markets. As Conservatives developing an agenda for growth, enterprise and entrepreneurship, we need a fair tax regime that ensures that those who benefit from the sector pay their fair share in supporting it. I very much look forward to hearing the Minister’s remarks.

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[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before the hon. Member for Rochford and Southend East (James Duddridge) responds to that, may I just say that no precedent has been created whatever. If the hon. Member for Mid Norfolk (George Freeman) would like to place the Racing Post back on the Bench, we will be able to continue with the debate.

[George Freeman]

indicated assent.

[Mr Deputy Speaker]

I think that that means no precedent has been created.

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[James Duddridge]

My hon. Friend has done many things to deserve that, as he well knows. However, I think it best that I move on swiftly.

My hon. Friends have been a great double act in preparing and explaining the Bill and, whatever happens today, legislation should be introduced. Regardless of whether that happens through this Bill or another, there will be a great improvement.

[George Freeman]

Although attendance in the House and Public Gallery is relatively sparse today, as it is a Friday, does my hon. Friend acknowledge that the debate is being closely followed by the many thousands of people involved in the industry? The attendance today is not a sign of paucity of interest; a substantial degree of interest in the Government’s getting this right has been shown in the newspapers and online.

[James Duddridge]

I could not agree more. That is very important and I am sure that if there is a vote, if we reach that point in our proceedings, hon. Members who are working studiously in their offices and Committees will rush to the Chamber to express a view.

Although some might say that there is limited value in having the two Bills progressing through Parliament at the same time, it provides an excellent opportunity for Members of Parliament to undertake additional scrutiny that goes above and beyond the excellent work done by the Select Committee on Culture, Media and Sport.

Hon. Members will have two options, if they choose to legislate. The first is to pass the Bill today, to allow it to go to Committee and to make progress in that way. The other will be to receive reassurances from the Minister on clause 4 and allow amendment of the Government’s Bill. It is good to have that dual-track approach. I have listened to the debate carefully and would be minded to allow matters to be taken forward in the Government Bill.

In an intervention, I asked about the territorial extent of the Bill and I received some reassurances. I shall come to that later, although I managed to tease out from my hon. Friend the Member for Thirsk and Malton that there are no explanatory notes. They would have been useful and would have helped its case.

I intend to speak primarily about the parts of the Bill that are shared with the Government’s draft Gambling (Licensing & Advertising) Bill, although I wish to make some additional points on the levy.

[George Freeman]

My hon. Friend makes an interesting point about the lack of explanatory notes. Does he agree that the Bill is admirably short? It does not even cover the two sides of the page and has no more than five very short clauses? It is also incredibly simple, making provision for the three things that we have all described. Does he agree that it does not need substantial explanatory notes and that it is a wonderful example of proposed legislation? Perhaps we could take that up more generally in the House and encourage the Government to produce simple and short Bills for our consideration.

[James Duddridge]

I would certainly encourage the Government to produce simple and short legislation, and less of it. My hon. Friend mentioned that the Bill has only five clauses, and clause 5—entitled “Short title, commencement and extent”—is needed for every Bill, so it actually has only four clauses. We have already questioned whether another clause can be taken out or amended in Committee, further shortening the Bill. The hon. Member for Eltham (Clive Efford) talked about the Government’s draft Bill and said that there are many similarities. I am not sure who has copied whose Bill, but they both seem to be operating with equal brevity, which should be encouraged.

I want now to give some of the background to the Bill. My hon. Friend the Member for Mid Norfolk mentioned the Gambling Act 2005, and despite his criticisms I think that there is general consensus outside the House and among most Members of Parliament that that Act was a step in the right direction. It brought together other pieces of gambling legislation, particularly the Gaming Act 1968, and had an awful lot of good stuff in it that I would not want to see go. It might not have been not bold enough, and perhaps it did not have sufficient foresight about how the offshore industry might work and how internet gambling might fit alongside all other forms of gambling.

--- Later in debate ---

[James Duddridge]

What my hon. Friend says is logical, but I challenge him. I have not seen examples of that. I notice that he has his iPad, so perhaps he can zip through a few websites to see whether there are any that are self-excluding. I know that the casinos and the operators were very proud of that facility.

[George Freeman]

My hon. Friend was developing an interesting argument about onshore and offshore taxation. Does he agree that there are strong parallels with the message that the Prime Minister has been giving at the Davos summit in preparation for the British leadership of the G8, that one of our central themes and ambitions will be to ensure an appropriate regime for tax accountability generally for companies offshore and to close the loopholes that have seen major corporations in other areas moving offshore and denying the Exchequer appropriate tax revenues? This is part of the much bigger debate about responsible capitalism.

[James Duddridge]

I entirely agree. The Prime Minister’s other speech this week will receive much more coverage in the coming weeks and months, but I think that his Davos speech was equally important because it sent a message to companies about how they should conduct their tax arrangements, whether they are banks, Starbucks or online casinos. They need to do the right thing and pay tax on their online business, as John Lewis does, or pay tax on the betting framework, as bet365 does.

--- Later in debate ---

[James Duddridge]

I will illustrate the point I was trying to make by placing the bet. Initially, staff pretty much told me that they had never heard of me, but I pressed the issue, particularly when I saw some of the people who were listed. They gave me odds of 250:1. I was not trying to earn money, because I thought that the chances of my ever becoming Prime Minister, let alone the next one, were zero. Instead, I was looking at how the odds could be changed and at suspicious betting patterns, particularly given my comments about Liberal Democrat betting. Within the day they had suspended taking bets on me because I was so popular, based only on one or two bets that I had other people across the country make for only another few pence. That demonstrated how easy it is to manipulate the betting statistics and, in relation to the Bill, how important it is that betting is regulated, supervised and licensed locally, rather than simply offshore.

[George Freeman]

I apologise for interrupting my hon. Friend’s argument. He mentioned that the 1992 grand national included a horse called Party Politics, which he thought was a sign. I have just noticed that the Blue Square website claims that the favourite for the race to which I referred in my speech, the 1 o’clock at Lingfield, is a horse called Wind for Power. I wonder whether he thinks, particularly in the light of the business of the House, that that, too, is a sign.

[James Duddridge]

I am not sure whether I might not still be on my feet at 1 o’clock, but perhaps if I rush through my comments I will find time to place a bet on behalf of myself and my hon. Friend.

Although the majority of operators currently targeting British consumers are subject to established and effective regulatory regimes, not all of them are, so we are suffering from those problems now. For example, some online operators have begun to target British consumers and very little is known about the level of their regulation or, indeed, consumer protection. There is concern about that issue and others when it comes to European operators and, in particular, operators beyond Europe without sufficient regulatory oversight. There has been some debate about light-touch regulation and what is sufficient, but there needs to be a level playing field. I will not go into details of my particular view on the level of regulation—that would be wrong and I do not think that it applies to this Bill.

Even where operators are subject to appropriate levels of overseas regulation, there are different regulatory standards and approaches. This lack of parity inevitably leads to British consumers receiving different levels of protection depending on which operator they use. I recall discussing case work with another Member of Parliament in the Tea Room. A constituent of his had lost £25,000, by which I mean that their online betting account, which had been very successful and had a balance of more than £25,000, was hacked into, a losing bet was made and that money was lost. They maintain that it was not they who made the bet and I am not sure—I was not privileged to sit in on the relevant debate—whether that online gambler was subject to online regulations.

We wander around and make decisions in the United Kingdom under the security of British law. Although there are exceptions when there are problems, largely we are very well protected as UK citizens when making purchases. It is clear that that is not always the case in the gambling arena and that the 2005 Act has not allowed for it. I welcome the exploration of how we can solve some of those problems, whether through the Offshore Gambling Bill or the draft Gambling (Licensing & Advertising) Bill.

My hon. Friend the Member for Thirsk and Malton referred initially to the remote gambling Bill. Perhaps that was the working title of the Government Bill. My hon. Friend nods in assent, for which I am grateful. I was somewhat confused when preparing for this debate, because I thought there was a third Bill in play, so I am grateful to find that that is not the case. It is difficult enough to deal with two Bills at one time.

Without specific requirements imposed by overseas jurisdictions, operators may not be compelled to report certain information, such as suspicious betting activity, to the Gambling Commission or relevant sports bodies, even when such an activity may involve a British sportsperson and/or British consumers. As such, there is a potential risk of match fixing. The hon. Member for Newcastle-under-Lyme used the term “in-match betting”, I think, which I was not familiar with, but I suspect it covers things such as how many times a bowler will stray away from the wicket during the course of one over. I understand from press reports that that is an increasingly popular sign of betting.