senior-level discussions referenced in the Sheehan Report

Request

I note that your reply directs me to contact the Financial Conduct Authority (FCA) directly because the information I requested relates to discussions initiated by the FCA. However, parts of my original request specifically concern information that the Gambling Commission itself would hold if the senior-level discussions referenced in the Sheehan Report (Chapter 7, paragraph 10, footnote 197) actually took place. For the avoidance of doubt, I am therefore also requesting the following information held by the Gambling Commission:

The names and job titles of the Gambling Commission representatives who took part in the reopened senior-level discussions with the FCA on the regulation of sports spread betting.

Any minutes, notes, briefing papers, or records of those senior-level meetings or calls held or attended by the Gambling Commission.

Any correspondence (letters, emails, or other written communications) sent or received by the Gambling Commission in relation to this specific issue from the date the discussion was reopened up to the present day.

Any outcomes, agreements, or proposals arising from the discussions (including any recommendations for legislative change or transfer of regulatory responsibility for sports spread betting) that are recorded by the Gambling Commission.

Any internal Gambling Commission papers, submissions, or updates that refer to the reopened discussions or to the Sheehan Review's reference to them.

If the Gambling Commission holds none of the above information, I would be grateful if you could confirm this explicitly and explain why (e.g. no such discussions took place on your side, or no records were created).

I would appreciate a response within the statutory 20-working-day timeframe. Please treat this email as a clarification of my original request or, if necessary, as a new FOI request.

Response

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have referenced the Sheehan Report (Chapter 7, paragraph 10, footnote 197) and requested the following information:

1. The names and job titles of the Gambling Commission representatives who took part in the reopened senior-level discussions with the FCA on the regulation of sports spread betting.
2. Any minutes, notes, briefing papers, or records of those senior-level meetings or calls held or attended by the Gambling Commission.
3. Any correspondence (letters, emails, or other written communications) sent or received by the Gambling Commission in relation to this specific issue from the date the discussion was reopened up to the present day.
4. Any outcomes, agreements, or proposals arising from the discussions (including any recommendations for legislative change or transfer of regulatory responsibility for sports spread betting) that are recorded by the Gambling Commission.
5. Any internal Gambling Commission papers, submissions, or updates that refer to the reopened discussions or to the Sheehan Review's reference to them.

The Gambling Commission can confirm that information is held falling within the scope of your request.

Section 12 of the Freedom of Information Act 2000 (FOIA) makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for public authorities, such as the Commission, is set at £450. This represents the estimated cost of one person spending 18 hours in determining whether the department holds the information, locating, retrieving and extracting the information.   

We estimate, in order to identify, locate and retrieve the information relating to the above request, it would take in excess of 18 hours to determine appropriate material and locate, retrieve and extract any relevant information in reference to your request.

When a public authority applies the Section 12 exemption to a request, the FOIA guidance specifically states that a public authority should avoid providing any information found as a result of a search as it denies the requestor the right to express a preference as to which parts of the request they may wish to receive within the appropriate time limit.

If you are able to refine your request, we may be able to provide some data by working up to the time limit. For example, if you are able to narrow the time period you are requesting the information for, or if you are able to provide any key terms for us to base our search upon. In order to be of some assistance, we can advise that using the following listed search terms, we could provide email correspondence falling within the scope of your request:

• Sports Spread Betting
• Non-Financial Spread Bets
• FCA

Until we are able to process the search of the information you have requested, we are unable to ascertain if other exemptions will apply to any material identified which would also prevent disclosure.

Please note, any refined request would be processed as a new request and the 20 working day statutory time limit would apply.

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. 

It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.

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