Do Consultations on Gambling Law Work?

There are consultations taking place every single day within the government, and even beyond that, too. These debates occur with a view to resolving problems or working out official laws that are suitable enough for everyone involved. The question is do these consultations actually work out effectively enough when it comes to gambling? As many now know, the United Kingdom Gambling Commission has sought to review the Gambling Act 2005, with this being made official in December of 2020.

An initial call for evidence was followed up by multiple consultations, which were aimed at overhauling the laws in order to ensure they fit in with the modern digital age of gambling. Through this, a white paper was to be released, which would highlight all the changes that the government intended to make so as to make sure gamblers and operators were being catered to, whilst also making sure that vulnerable people were protected against problems. While that white paper was expected to be released towards the end of 2021, it suffered through multiple setbacks, and is still to be officially published.

The latest delay to its release came about due to the uncertainty around the Tory leadership following the resignation of Boris Johnson. Yet even more information has come to light on arguments within government over the changes that were originally rumoured to be a part of the white paper. And these have also had an impact on its publication date, which has been pushed back to September once the Prime Minister’s position has been taken over by one of the two remaining candidates in Rishi Sunak and Liz Truss.

Yet even without this being an issue, it’s clear that the gambling consultations have had extreme views put forth on both ends of the spectrum. What satisfies one school of thought is only bound to dissatisfy the other, and this leaves very little ground for the middle-of-the-road school of thought to shine through. After all that, can it really be said that gambling consultations on the official laws really work?

Extreme Views Take Precedence

The usual need for change with regard to anything is that times have changed in general. Something that was perfectly adequate 10 years ago may not fit in with the modern-day activity taking place, and so the rules surrounding it need to alter so that they do indeed work for the updated scene.

In the United Kingdom, the Gambling Commission is responsible for putting together consultations on various issues. Take a look back to February and March of 2019 when the Commission called for evidence on gambling with credit cards, following advice from the Responsible Gambling Strategy Board (RGSB).

That advice suggested that gambling with credit cards (essentially money that has been borrowed) is a well-established risk factor for harmful gambling. Basically, it was put forth that there is an increased risk that consumers will gamble with more money than they can afford by using credit cards.

A total of 110 responses were given to the Commission, and it published the results of such in January of 2020. Those responses came from members of the public, debt relief charities, gambling operators, financial services and even those who had noted that they had suffered from financial harm at the hands of using credit cards for gambling.

Doubtless, anyone who has been a victim of gambling-related harm due to using credit cards is likely to be very much against them being legal for such activity. Gambling operators, on the other hand, likely received many of their deposits via credit card, so it would be more likely to understand that they would be against laws restricting such transactions.

In the end, the Commission was convinced that there are risks of harm that come from utilising credit cards for gambling, and that action was needed to be taken as a way of protecting customers. This led to it considering the complete ban of credit cards or them being heavily restricted when it comes to gambling. By April 2020, credit cards were outrightly banned for gambling payments. This was indeed labelled as another blow for bookmakers in the UK though, despite the majority stating that they could understand the decision that was taken.

Yet you only need to look at the more recent white paper for a complete overhaul of the country’s gambling laws to see that it’s not always such a simple outcome.

White Paper Consultation Leaves a Lot to Be Desired

While many people in the United Kingdom thought that a gambling white paper on new laws surrounding the industry would be possible to read already, it is still in limbo. And yes, the most recent delay came about due to the fact that the Prime Minister position in the UK is in the process of adopting a new member, but other delays have come about because of certain in-fighting within the government.

Of course, this brought even more anguish and frustration to gambling campaigners, problem gambling charities, victims of gambling addiction and so on. Yet it seems as though even with this being the case, the review of the act is far from being as balanced or evidence-based as it should be.

Yet The Daily Mail reported that several key ministers had a cosy relationship with industry executives. And any delay to the rules being overturned gives these ministers the opportunity to push for minimal alterations to the law on gambling in the meantime. Perhaps the person who takes over as the Prime Minister in the UK will have a relaxed view towards the industry and have no qualms with how things are operating right now, leaving it very much in a positive way for these ministers and indeed the executives.

In June, it was reported that the curbs on gambling in the UK were actually going to be watered down in comparison to how the original adjustments were expected to be. A mandatory levy on betting companies, which would be utilised for important addiction treatment, has potentially been dropped altogether from the white paper. Furthermore, even though bookies would be forced to carry out financial checks on their players, the amount that they can spend before this takes place remains unclear.

The news of these watered-down rules was met with criticism from former Tory leader Sir Iain Duncan Smith, who has long been lobbying for tighter regulations on the gambling industry. At the same time, campaigners like Annie Ashton, who lost her husband to betting addiction, also said that the decision to water down the legislation was “pathetic” and “half-baked”.

But what about the people in the middle of all of this? One extreme says that it’s great that the white paper has yet to be published with the hope of it disappearing altogether while the other states that it needs to be published now and with severe measures in place. Those opinions couldn’t be farther from one another, but there will likely be some people in the centre who have much calmer views. Surely it is these people who need to be considered more so than those shouting and clamouring for change or indeed no change at all.

Relationship Between Government & Gambling Industry

When the gambling white paper was once again delayed, those who are highly anti-gambling were very keen to bring up the meetings that have taken place between the industry and the government. Fingers were readily pointed at the Conservative party policy advisor, Andrew Griffith, who is himself a former Sky Bet executive.

Now a Tory politician and MP for Arundel and South Downs since 2019 (as well as Parliamentary Under-Secretary of State for Exports since July 2022), he was one of the first to be named-dropped by lobbyists. David Canzini, who is Boris Johnson’s Deputy Chief of Staff, was also employed by the gambling industry until February of this year.

Some have questioned how people who have such a strong link with the gambling industry can actually have a say or influence on the way that the laws are made surrounding it. After all, there is little doubt that they will be very pro-gambling, regardless of why the laws are under scrutiny.

Naturally, with the delay to the publishing of the white paper until at least September, room has opened up for other measures to be watered down or removed altogether from it. The overall final legislation could be entirely in jeopardy, with very little change in the current laws potentially being brought to the fore.

With the two extremes pretty much battling against one another, it leaves plenty of people wondering whether the government and indeed the Gambling Commission will take notice of the much more grounded views. Certainly, those shouting the loudest at either end of the spectrum are likely to achieve more attention because they’re creating the most volume. It begs the question as to how the regulations should be changed so as to cater to the biggest number of people. Usually, they are the ones in the middle, representing the larger majority.

Do the Consultations Work in the End?

It is vital to know that consultations on any kind of law will always be necessary so as to try and evoke change to suit the masses. When it comes to gambling though, there are such extremes in action relating to those who are pro-gambling and those who are anti-gambling, that it can be difficult to cater to everyone adequately. Consultations come about because of issues raised on certain aspects of the industry, with the current one relating to regulations surrounding the modern age.

Doubtless, something which could logically take a month or two to resolve has taken months upon months due to parties within the government holding strong arguments for and against gambling. There must be a logical way of resolving the issues raised regarding gambling, but because both of the extremes are so set in their ways on what they want to happen, both will likely stall for time if something doesn’t look like it’s going their way. That much has been experienced with the general publishing of the white paper, which pro-gambling parties have celebrated over on the numerous occasions it has been delayed.

It can probably be suggested that consultations, in theory, should work. Laws should be in place to effectively regulate the industry, protect vulnerable people and ensure that everyone who wants to can experience gambling in a responsible, trusting way. Unfortunately, there will always be those people who have very little time for the opinions and concerns of others. Gambling is an industry that has a lot to offer to various areas, but also has the capability of harming people, as history has shown. Granted, that figure is decreasing according to the Gambling Commission.

Perhaps if the powers that be were to consult with the people in the middle of the road – i.e., those who do not have any association with gambling or have not suffered any negative effects from it – then there may be a possibility of being able to move forward. Just a thought for any future consultations that the government may want to hold on the gambling scene or anything else with strong pro and anti advocates.