Gambling legislation reforms

Section 5 (Regulatory objectives)

A change has been made to elevate two of the considerations that the GSC must ‘have regard to’ in accordance with subsection (3), to become part the core regulatory objectives stated within subsection (2). This is the and also the desirability of implementing and applying recognised international standards (currently stated at subsection 3(c)), and the need to safeguard the reputation of the Island (currently stated at subsection 3(e)).

The movement of subsection (3)(c) to sit at new subsection (3)(d) will have the effect of elevating the need of the GSC to proactively work in order to keep pace with relevant international standards. Such international standards may relate to responsible gambling as well as anti-money laundering, countering the financing of terrorism and counter proliferation financing measures that are agreed at international levels.

The movement of subsection (3)(e) to sit as a new subsection (2)(e) will have the effect of elevating the need of the GSC to safeguard the Island’s reputation from a secondary consideration, to becoming a core guiding principle. Going forward the GSC must (as with the other regulatory objectives stated within subsection (2)), act in a way that is compatible with this new objective.

The inclusion of these two requirements as a regulatory objective will allow the GSC to be able to focus on any strategic interests of the Island when discharging its functions. This will allow the GSC to more robustly justify decisions and actions on the basis that they are necessary to protect the Island’s reputation, since that will now be considered as a core regulatory objective of the GSC, as opposed to a secondary consideration.

Finally subsection (3)(h) has been omitted. This was another criteria that the GSC ‘must have regard to’, and generally related to the desirability of the economic promotion of the gambling industry in the Island. This has been removed as a source of a potential conflict of interest for the GSC as the regulator for the industry. Mandating that the GSC also take a role the need to promote the industry’s growth and global competitiveness could compromise the impartiality of the GSC, and impair the regulatory judgment of the GSC. This criteria may also risk creating a perception that the GSC could unintentionally prioritise the interests of the industry over the protection of customers, or its gambling-related AML/CFT supervisory functions.

Schedule 2 (Information disclosures)

Changes have been made to:

• Paragraph 2 (general exceptions to the prohibition on information disclosures) will be amended such that it contains a list of the non-specific circumstances and scenarios under which the GSC may disclose information that it holds. These changes are designed to work in tandem with the Permitted Disclosures Order under paragraph 3, which will set out the specific bodies and purposes that the GSC may disclose information to. (In other words, where the GSC doesn’t have a specific sharing relationship in mind which could be contained within the PDO, then paragraph 2 remains to set out the non-specific scenarios in which the GSC may still disclose information).Sub-paragraphs (j) and (k) have been added in order to cover general scenarios where the GSC may otherwise be under an obligation to make a disclosure pursuant to the Freedom of Information Act 2015 or under a GDPR or LED related obligation
  
  Another change is the addition of paragraphs (ca) and (cb) which will generally provide for the GSC to be able to make an information disclosure without having to first obtain the consent of the person to whom the information relates, where that disclosure is made for the purposes of allowing the GSC to discharge its functions. This primarily relates to its exercise of inspection and investigation powers, and as such that has been specifically captured within new paragraph (cb) for the avoidance of doubt
  
  Following the currently planned amendments, paragraph 2 will read as follows:
   
• Paragraph 1 shall not preclude the disclosure of information:
   
  • (a) With a view to the institution of or otherwise for the purposes of criminal proceedings in the Island or elsewhere
     
  • (b) To any constable for the purpose of enabling or assisting that or any other constable to discharge his or her functions; (is capable of being contained within the PDO)
     
  • (c) With a view to the institution of or otherwise for the purposes of any civil proceedings arising under or by virtue of any of the gambling Acts
     
  • (ca) For the purpose of enabling or assisting the Commission to discharge its functions under the gambling Act or any other of its functions
     
  • (cb) For the purpose of enabling any person, appointed or authorised by the Commission, to exercise any powers of inspection and investigation under the gambling Acts
     
  • (d) If the information is or has been available to the public from other sources
     
  • (e) In a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained
     
  • (f) For the purpose of enabling the Public Services Commission to investigate the conduct of its employees; (is capable of being contained within the PDO)
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  • (g) For the purpose of enabling the Advisory Council to discharge its functions under the Misuse of Drugs Act 1976; (is capable of being contained within the PDO)
     
  • (h) For the purposes of satisfying obligations created by a memorandum of understanding to which the Commission or any Department is party; (is capable of being contained within the PDO)
     
  • (i) For the purposes of enabling the Department for Enterprise to understand any economic problems experienced by any person to whom a licence has been issued by the Commission under the Misuse of Drugs Act 1976 or under any regulations or order under, or applied to the Island by an order made under, that Act. (Is capable of being contained within the PDO)
     
  • (j) For the purpose of making a disclosure that the Commission would be obligated to make under the Freedom of Information Act 2015
     
  • (k) For the purpose of making a disclosure that the Commission would be obligated to make under the Data Protection Act 2018
• Paragraph 3 (vires for the PDO) will be amended slightly for the PDO to be able to specify authorities outside of the Island (currently it is limited to only providing for Island-based authorities)