Grant to GambleAware
Request
All advice given to the Gambling Commission from the Advisory Board for Safer Gambling, relating to the decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
All internal assessments made, by the Gambling Commission, on its decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA). Please do accept our apologies for the delay in providing you with a response.
In your email you have requested:
- All advice given to the Gambling Commission from the Advisory Board for Safer Gambling, relating to the decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
- All internal assessments made, by the Gambling Commission, on its decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
For context, currently, funding for gambling research is available through a system of annual contributions from industry to fund research, education and treatment of gambling-related harms. While the requirement to contribute is mandatory as set out in the LCCP, industry has discretion over the amount and the destination as long as recipients are on a list of bodies approved by the Gambling Commission.
Much of this funding is currently directed to and distributed via the charity GambleAware.
The Commission’s published policy statement states that the Commission reserves the right to approve the destination of Regulatory Settlement funds but that there would be an assumption in the first instance that funds would be paid to GambleAware Statement of Principles for determining financial penalties.
Following the publication in the Gambling Act review White Paper (opens in a new tab), in April 2023, the Government will introduce a statutory levy paid by operators; collected and distributed by the Gambling Commission under the direction and approval of Treasury and DCMS ministers. A consultation has been launched on the details of the design of this levy, including proposals on the total amount to be raised and how it will be proportionately and fairly constructed.
New support for NHS to treat gambling addiction (opens in a new tab)
In an effort to facilitate a smooth transition from voluntary funding to a statutory levy, the Gambling Commission pledged £32.8 million to GambleAware, the leading independent charity and strategic commissioner of gambling harm education, prevention, early intervention, and treatment across Great Britain.
I can confirm that the Commission does hold information falling within the scope of your request. However, we consider that disclosure of information regarding advice provided and discussions surrounding the distribution of regulatory settlements would be likely to inhibit the free and frank exchange of views for the purpose of deliberation. As such, the Commission considers that this information is exempt under S36(2)(b)(ii) prejudice to the effective conduct of public affairs.
The reasons relating to this decision are further explained below.
Government policy and prejudice to the effective conduct of public affairs – Section 36:
Section 36 of the FOIA provides that, information is exempt if, in the reasonable opinion of a qualified person, disclosure of the information under this Act would, or would be likely to, inhibit
ii the free and frank exchange of views for the purposes of deliberation.
The view of the qualified person is that disclosure in this instance would be likely to inhibit the ability of Commission officials and others in expressing views and deliberating issues.
Public Interest Test:
Having acknowledged that the information within the scope of your request is exempt from disclosure, section 36 FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request opposed to maintaining the exemption.
Factors in favour of disclosure:
It is recognised that there is a legitimate public interest in promoting the transparency of the Commission and in making information available to the public.
Further to this, the quality of advice and the content of deliberations by officials may improve if there was an expectation of the information being made publicly available.
Factors against disclosure:
Disclosure of the material falling within the scope of your request would be likely to prejudice free and frank communications and advice between Commission officials. There is a need for a safe space for Commission officials to have free and frank exchanges in order for the Commission to assure itself, and therefore Government, that decision making is effective.
Disclosure would impact the ability of Commission colleagues to discuss live issues in the future, exchange informal views and advice and reach decisions, free from external interference and distraction.
Whilst the Commission aims to be open and transparent, there is a need to preserve the confidentiality of developmental discussions, and to be mindful of the sensitivities of information that is held. Further to this, there is no outstanding public interest in releasing this information.
Weighing the balance:
Having weighed these issues, the view of the qualified person is that the public interest is best served through maintaining this exemption. Disclosing the information would inhibit Commission officials offering their advice and views and could also affect any transparency around decision making.
This could impact our engagement with stakeholders in the future and could have a detrimental effect on the work of the Commission.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at:The Information Commissioner’s Office (opens in a new tab) , Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP
Internal Review Request
I am dissatisfied with the handling of my request for the following reason(s):
I disagree with the outcome of the public interest test. The Gambling Commission has given a substantial sum of public money to the charity GambleAware, which has received significant criticism regarding the effectiveness of its work. In order for the public to have confidence in the Gambling Commission, it is imperative to know on what grounds it decided to give this public money to GambleAware and what advice it received. It is also in the public interest to know why this money was given to GambleAware as opposed to alternative bodies/organisations. This public interest clearly outweighs the possibility that the disclosure of this information could "prejudice free and frank communications and advice between Commission officials". In the first place, you could easily redact the names of individual Commission officials so that their identities remain anonymous.
Secondly, this suggests that the Gambling Commission can do whatever it wants, even if this could be against the advice of the Advisory Board for Safer Gambling, safe in the knowledge that the public will not be able to have sight of the Advisory Board for Safer Gambling's advice. Thirdly, the Gambling Commission has released the Advisory Board for Safer Gambling's advice on different subjects. It appears, therefore, that the Gambling Commission has taken an alternative view on the Advisory Board for Safer Gambling's advice being in the public domain regarding a subject which concerns its own use of public money.
I would be grateful if you would carry out an internal review of the handling of my request and consider changing your position.
Internal Review Response
I am writing further to your Freedom of Information request dated 18/09/2023 which we responded to on 17/11/2023, and your subsequent request for an internal review received on 20/11/2023.
We have now concluded our review and our findings are detailed below.
This internal review was conducted by someone who was not involved in the processing of your original request.
In your initial email you requested the following information:
- All advice given to the Gambling Commission from the Advisory Board for Safer Gambling, relating to the decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
- All internal assessments made, by the Gambling Commission, on its decision to grant £32.8 million to the charity GambleAware, prior to its official announcement on 27 July 2023.
In our response we advised that the information that we hold that falls within the scope of your request was exempt from disclosure and the s36 Prejudice to the Effective Conduct of Public Affairs exemption was engaged.
It was the view of the qualified person that disclosure of the information we hold relating to the discussions surrounding the distribution of regulatory settlements and the provision of advice from the Advisory Board for Safer Gambling (ABSG) would be likely to inhibit the free and frank exchange of views for the purpose of deliberation.
We advised that the release of this information would impact on the ability of Commission colleagues to have free and frank discussions in a safe space to support effective decision making, without external distractions or interference, and that release of this information could have a negative impact on the work of the Commission.
Following a review of the requested information we can provide some of the information that falls within the scope of your request.
There is one document which we consider remains exempt and the s36 Effective Conduct of Public Affairs exemption remains engaged. This specific document details our appraisal of the options relating to the Commission’s involvement in the destination of regulatory settlements. Disclosure of this information would inhibit future discussions between Commission staff as colleagues should have confidence that these discussions can take place openly and honestly, and disclosure could impact on future engagement and limit the willingness of staff to record and exchange free and frank views.
Although we acknowledge that there is a public interest in promoting the accountability and transparency of the decisions made by the Commission, it is our view that the information provided in response to this request serves the public interest in demonstrating the Commission’s decision-making process.
In conclusion I uphold the application of the S36 exemption for part of the information that falls within the scope of your request.
The Data Protection Act 2018 requires the processing of personal data to be fair and lawful. The Commission considers that it would be disproportionate for us to publicly disclose the personal data of certain individuals contained within these documents as there is no strong public interest in doing so. There is no legitimate expectation that the personal information of these individuals will be disclosed in the context in which it is held.
On balance, there is no legitimate public interest in disclosing this information and it would not be fair to do so.
This information is therefore exempt under section 40(2) of the Freedom of Information Act 2000.
If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
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