Horserace Betting and Olympic Lottery Bill

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Mr. Caborn: Amendments Nos. 55 and 56 would require the Gaming Board to consider animal welfare when deciding whether to approve a race course for betting purposes. Again, I understand and appreciate the good intentions of my hon. Friend the Member for Colne Valley, which lie behind her amendment. However, with respect, her amendment is a misjudgment of the purpose of the amendments we are making to section 13 of the 1963 Act.

The Gaming Board will be given the task of approving race courses for betting, and foremost in their consideration must be the three principles that we decided on the basis of good gambling regulation. To remind the Committee, those are: keeping betting crime-free, ensuring it is fair and open, and—very importantly—protecting children and the vulnerable. It would be inappropriate, therefore, for the Gaming Board to consider animal welfare matters alongside those. Animal welfare, although most important, is not strictly relevant to the orderly conduct of betting on the racecourse.

Mr. Sanders: It strikes me that there is a connection between welfare, betting and potential corruption when a decision has to be taken on whether a race should take place because of weather conditions. Would that not mean that the consideration of animal welfare comes within the terms of reference that the Minister has given?

Mr. Caborn: No, it would not be a decision of the Gaming Board. The stewards would make a judgment on weather conditions, and we are talking about the legislation. The amendment would also place an unnecessary burden on the Gaming Board, which understands that it does not have expertise in this area. Many of those who know the members of the Gaming Board will know that they do their job very efficiently,

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but they do not have the expertise in the area referred to by the amendment.

Nevertheless, I take note of the underlying concerns that have prompted the amendments relating to welfare. I shall make sure that my officials bring the matter to the attention of my colleagues in DEFRA who have responsibility for animal welfare. As an aside, I would say in answer to the question raised about relationships with industry that I work closely with DEFRA on several issues relating to horses, and this is one of them. We have responsibility for racing and gambling, but my colleagues have much wider responsibilities as far as horses, and animal welfare, are concerned. We work closely with that Department on an official and at a political level, which has been shown recently in several Government initiatives that have operated across Departments. With that, I hope that my hon. Friend will withdraw her amendment, but I shall raise the issue with my colleagues in DEFRA.

Kali Mountford: I am grateful to my right hon. Friend, and I have listened carefully to his reply. I am concerned that the welfare of animals should be considered during betting. Certainly an animal's known condition during a race is a betting issue. That might be covered if we dealt with criminality in racing, to which my right hon. Friend has alluded. It could also be argued that this part of the schedule meets some of my concerns—for example, about race fixing that involves the fences. However, I have wider concerns. My right hon. Friend rightly cited the useful work done by DEFRA, but I am still worried about the design of the course and the stabling of animals. Perhaps I can take up those issues later when I have had discussions with DEFRA.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 4 agreed to.

Clause 18

Tax

Mr. Caborn: I beg to move amendment No. 43, in

clause 18, page 11, line 38, after 'providing', insert '—

(a)'.

The Chairman: With this it will be convenient to discuss Government amendments Nos. 44, 45 and 46.

Mr. Caborn: It has always been the Government's intention to waive any tax windfall that arises from the transfer of the levy board's assets. We also want to ensure that the levy board and any recipient would not face a tax disadvantage as a consequence of the transfer. The assets have to be used for specified purposes that benefit racing, and they will continue to be used in that way after the transfer.

The amendments, which add a reference in the clause to stamp duty land tax and elaborate the clause in other ways, will allow Treasury regulations to be made so that the transfer can take place without any unintended tax consequences.

Amendment agreed to.

Amendments made: No. 44, in

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clause 18, page 11, line 40, at end insert—

'(b) for anything done under or in consequence of a transfer scheme to have or not have a specified consequence, or to be treated in a specified way, for the purposes of a tax provision;

(c) for anything done in connection with, or done by a person with rights in connection with, anything that was at any time transferred under a transfer scheme, to have or not have a specified consequence, or to be treated in a specified way, for the purposes of a tax provision;

(d) for a tax provision not to apply, or to apply with modifications, in respect of anything transferred under a transfer scheme;

(e) for anything transferred under a transfer scheme to be treated in a specified way for the purposes of a tax provision;

(f) for the withdrawal of relief (whether or not granted by virtue of the regulations), and the charging of tax, in connection with anything done under or in consequence of a transfer scheme where a specified event occurs, or specified conditions are satisfied, whether on or after the commencement of the scheme;

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(g) for a power under this Part, or anything done in exercise of a power under this Part, to have or not have a specified consequence, or to be treated in a specified way, for the purposes of a tax provision.'.

No. 45, in

clause 18, page 11, line 42, leave out 'or'.

No. 46, in

clause 18, page 11, line 43, at end insert

'or stamp duty reserve tax'.—[Mr. Caborn.]

Clause 18, as amended, ordered to stand part of the Bill.

Clauses 19 and 20 ordered to stand part of the Bill.

Further consideration adjourned.—[Mr. Kemp.]

Adjourned accordingly at eight minutes past Eleven o'clock till this day at half-past Two o'clock.

The following Members attended the Committee:
Illsley, Mr. Eric (Chairman)
Caborn, Mr.
Chapman, Mr. Ben
Foster, Mr. Don
Grogan, Mr.
Hawkins, Mr.
Kemp, Mr.
Mahmood, Mr.
Mountford, Kali
Page, Mr.
Paice, Mr.
Reed, Mr.
Rosindell, Mr.
Sanders, Mr.
White, Brian

 

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Prepared 22 January 2004