UKGC Withholds Current Diversity Data, Cites Future Report

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UKGC Defers Release of Current Staff Diversity Figures

The UK Gambling Commission (UKGC) has declined to provide up-to-date figures on the ethnic diversity of its staff, citing plans for future publication in response to a Freedom of Information (FOI) request.

The request, dated 3 April 2023, asked for the number of Commission members from an ethnic minority background compared to other members. Instead of providing current data, the regulator pointed to existing, year-old statistics and invoked an exemption for information intended for future release.

Context: Why a Regulator's Diversity Matters

The makeup of a public body like the Gambling Commission is a matter of public interest. For consumers, a regulator that reflects the diversity of the UK population can enhance trust and confidence in its decision-making. A diverse workforce may also bring a wider range of perspectives to the complex issues surrounding gambling harm, consumer protection, and marketing, potentially leading to more inclusive and effective regulation.

Details of the FOI Response

In its official response, the UKGC did not provide the specific numbers requested for the current period. The Commission instead took a two-part approach based on the Freedom of Information Act 2000 (FOIA):

1. Section 21 Exemption: For data up to 31 March 2022, the UKGC stated the information was exempt because it is already "reasonably accessible elsewhere." It directed the requester to its 2021-22 Annual Report and Accounts, which contains employment statistics, including data on ethnicity.

2. Section 22 Exemption: For any more recent data, the Commission invoked Section 22 of the FOIA, which allows public authorities to withhold information if it is held with a view to publication at a future date. The UKGC argued that this data will be included in its next annual report.

The regulator conducted a public interest test, concluding that the arguments for maintaining the exemption outweighed those for disclosure. The UKGC reasoned that releasing the information ahead of its scheduled publication would not be a "time/cost effective way of placing this information in the public domain." It affirmed its commitment to transparency through its planned publication schedule.

Significance: A Question of Timeliness

While the UKGC does publish diversity data, this response highlights its policy of releasing such information only on an annual basis. The outcome means that the most current, publicly available data on the regulator's own staff diversity is always at least a year out of date.

For consumers and industry observers, this practice limits the ability to assess the Commission's progress on diversity and inclusion in real-time. The response underscores a procedural approach to transparency, where information is released according to a pre-set schedule rather than on-demand, even when concerning the composition of the regulatory body itself.