A letter to Anthony Albanese could allow Labor MPs to speak up on gambling reform

It was the kind of letter that a Labor MP might think twice about sending to Anthony Albanese.

Earlier this week Independent MP Andrew Wilkie wrote to the prime minister calling on him to allow a free vote in parliament on legislation to ban gambling advertising.

In the letter, obtained by ABC Investigations, Wilkie says an advertising ban "has very strong community support".

He told the prime minister he believes the policy also had substantial backing in parliament, "as evidenced by the number of our parliamentary colleagues who have approached me since the recent ABC Four Corners program on online gambling."

The member for Clark has written the letter for several reasons. He wants action on gambling reform, he thinks there's broad support in the parliament for it and he believes Labor backbenchers are fearful about speaking out on the matter.

Australians lose close to $32 billion a year from gambling with around a quarter of that coming from wagering on horse racing and other sports. Many Labor MPs are frustrated with the lack of action from their own party to minimise the harms from gambling.

In the lead-up to the last election Labor's leadership decided it was not worth acting on gambling advertising and upsetting the powerful lobby groups that make money from online betting during a campaign. After winning a thumping majority, the prime minister is more dominant in his party room than ever and his backbenchers fear speaking out on an issue he's shown little passion for.

One MP suggested that with memories of division from the Rudd-Gillard years still fresh in their minds of the party's leadership, dissent under Albanese was not welcome. But Wilkie's proposal of a free vote would liberate the backbench to speak their minds. Over a dozen Labor MPs, including senior figures in the party, have told ABC Investigations they want action on gambling reform.

Recommendations from inquiry not implemented

It's now nearly two-and-half years since the late Labor MP Peta Murphy called on the Albanese government to ban gambling advertising, saying that it was "grooming children and young people to gamble".

A cross-party inquiry chaired by Murphy held hearings, took submissions, heard all sides of the argument and weighed the evidence before coming up with 31 unanimous recommendations to minimise harms from online gambling.

Among the recommendations were a phased-in ban on gambling advertising, introducing a national regulator for online gambling and the banning of inducements and commissions that help keep addicted gamblers losing with corporate bookmakers.

These recommendations were canvassed in our recent Four Corners program Losing Streak which highlighted the damage the online betting industry was causing to individuals, families, communities and businesses in the form of bankruptcies, suicides, stolen money, lost life savings and jail sentences.

Critics of the government's lack of action on the inquiry's recommendations, such as Wilkie and fellow independents Kate Chaney and David Pocock, told Four Corners the Albanese government had buckled to the power of the online bookmakers, the sporting codes and the broadcast media.

A fearless advocate

Since the program aired, the many Labor MPs who support gambling reform have remained silent — both publicly and inside the Labor caucus — despite the impetus for these reforms coming from one of their own.

When Murphy died of cancer in December 2023, over 50 Labor members of the House of Representatives paid tribute to their beloved colleague during a condolence motion in parliament.

The words used to describe Murphy in those speeches went to the heart of her character. She was referred to as brave, tenacious, fierce, courageous, passionate, principled, tough and as a champion for the underprivileged and the overlooked.

Another word kept coming up again and again in those tributes: the late member for Dunkley was fearless.

Yet it's fear, according to Labor insiders, that has gripped the party and its leadership and prevented it from acting on the gambling reforms that were so important to Murphy.

Fear of the powerful lobby groups that profit from the gambling industry. Fear of dissent within the party if backbenchers dare speak up on the matter. Fear of the consequences of MPs saying what they actually think.

It seems like it's not just within the Trump administration that long-term politicians with strong beliefs have learnt to button their lips as an act of self-preservation.

In the research phase of our Four Corners program I spoke to current federal Labor MPs who believed the online betting industry was having a toxic impact on the communities they represent, but they would not go on camera and express those views for fear of retribution.

My colleague at the ABC's parliament house bureau Brett Worthington recently reported that senior members of the government intervened to stop frustrated backbenchers from participating in our program.

Labor sources have told ABC Investigations the prime minister's office has been putting pressure on advocates for gambling reform within the parliamentary Labor party to prevent them from speaking up.

When the prime minister's office was asked if this pressure had been exerted on backbenchers, the question was not answered.

Instead a statement was released to the ABC that said, "The Albanese government has done more than any other government to tackle online gambling," followed by a list of its policies, including introducing BetStop and mandatory ID verification, the banning of credit cards on online wagering, and strengthening classification of video games with gambling-like content.

When asked whether it considered any of these policies to be a response to the Murphy review recommendations, the prime minister's office did not respond.

'Afraid to speak out'

Mark Morey, the Secretary of Unions NSW and the Convenor of Labor for Gambling Reform, acknowledges that fear within the Labor caucus is leading to silence.

"From my discussions, many MPs want to see reform however they are afraid to speak out," he told ABC Investigations.

"The best outcome would be a bipartisan approach to gambling reform so the gambling lobby can't play the parties off against one another.

"Alternatively, in the absence of political leadership there should be a free vote on the Murphy reforms so politicians can represent the feeling within their local communities without fear of retribution."

Labor MPs want change

Labor MPs, who spoke to ABC Investigations on the condition of anonymity, believe a conscience vote would deliver change.

"If we had a free vote it would pass," said one senior Labor MP about a ban on gambling advertising as well as other key recommendations of the Murphy review.

"I think we all want that change. I want the strongest reforms possible. It's an important issue for the community," said another Labor MP.

"There is very broad support for action in the Labor caucus, and I think it's the case in every party room in the building," said a long-term Labor MP.

One recently retired Labor MP said that, "There is strong support for change in the Labor caucus."

Mark Morey agrees there is support for change across political parties but claims it's what he calls "unhealthy influence" from the gambling industry that is delaying harm minimisation reforms.

"Since launching Labor for Gambling Reform numerous politicians from both sides of the political aisle have commended the initiative," he says.

"There is a broad, if unspoken, consensus for gambling reform and implementation of the Murphy inquiry recommendations."

Anika Wells, the Minister for Communications told the ABC's Afternoon Briefing this week she could not give a time frame on when the government would respond to the Murphy review.

"The work continues — in the same way I couldn't give you a timeline about when we'd land a deal with aged care … I'll just keep plugging away until I get it done."

However, with every day the Albanese government delays its response to the Murphy review, more people are being harmed by the gambling industry's practices.

Meanwhile, the harm continues

Gavin Fineff, who spoke to Four Corners from prison, where he is serving a nine-year sentence for defrauding over $3 million from clients to fund his gambling addiction, says action is needed now.

"The harm keeps going on and that's the bottom line," he said.

"It seems like an ongoing talk-fest out there and in the meantime more gamblers are harmed and the people that they hurt as well are harmed."

Fineff gave evidence to the inquiry and believes there should be action immediately on three key recommendations — banning gambling advertising, as well as the inducements and commissions that fuel losses through online bookmakers.

"It was brilliant work [the Murphy review] and it's time that some decisions were made about that," he said.

Simon Kennedy, the Liberal member for Cook, says his community is frustrated with saturation gambling advertising and wants its leaders to act.

He believes a conscience vote would pass the parliament.

"A genuine free vote would reveal just how out of step the prime minister has become with his back bench and the public.

"But this requires the prime minister to have the courage to let his own MPs speak their mind.

"If the prime minister truly believes in transparency, he should allow a free vote and let Australians see where Labor MPs really stand on gambling reform."

If a free vote is not granted and the government continues to delay its response to the inquiry's recommendations, those Labor MPs who spoke so movingly of Murphy's courage may need to summon her spirit and take on the prime minister.

Murphy was dedicated to representing her community and standing up for the vulnerable. As one of her colleagues said: "She was fearless, didn't suffer fools and took no prisoners."

It's hard to imagine that she would have remained silent on this issue.