Anti-social Behaviour, Crime and Policing Bill

Baroness Finlay of Llandaff Excerpts

Tuesday 14th January 2014 Lords Chamber

[Lord Rosser]

My Lords, this amendment was also moved by my noble friend Baroness Thornton in Committee, so I do not intend to repeat all the points that were so powerfully made at that time. Needless to say, we were not happy at the Government’s response, which was basically that, because the measures proposed in this amendment would not solve all the problems in relation to young people in the purchasing of tobacco products, it should not be adopted. The amendment has the support of the Association of Convenience of Stores, which represents 33,500 stores, the majority of which sell tobacco products. The ACS welcomes these proposals as a further measure to help to restrict youth access to tobacco products.

It is illegal to sell tobacco products to anyone under the age of 18, but it is not an offence for someone to buy tobacco products on behalf of a minor. There is, thus, a gap in the legislation which this amendment seeks to close to bring the position more into line with the provisions of the Licensing Act 2003, which has made it an offence to proxy purchase alcohol. Proxy purchasing is one means by which young people gain access to tobacco products. A recent survey has shown that, in 2012, 8% of pupils had asked somebody to buy cigarettes on their behalf and nine out of 10 were successful at least once. We are not saying that tobacco proxy sales are the only means by which children receive their supply of cigarettes—there is a variety of means for this—but we are saying that it is one of the predominant ways, hence this amendment.

Issues were raised in Committee by my noble friend Lady Crawley concerning the need for proper enforcement and adequate surveillance if moves were made to tackle proxy sales of tobacco. That comes down to providing adequate resources, including for local authority trading standards organisations. However, we are talking about sales that adversely affect the health of young people and we should be prepared to act, as they have in Scotland, where there is an offence of proxy selling tobacco. That has the support of the Tobacco Manufacturers’ Association, which has said:

“Scotland introduced regulation criminalising the proxy purchasing of cigarettes, where adults purchase cigarettes on behalf of children in April 2011. The TMA and its members supports this legislation. Proxy purchasing was identified in NHS data as one of the most common sources of tobacco for young people”.

The Minister said in Committee that the Government had an open door on this issue, and my noble friend Lady Thornton invited them to think further on this matter before Report stage, which we are at today. I hope that the Minister will be in a position to give a more positive response to this amendment than he was able to do in Committee. I beg to move.

[Baroness Finlay of Llandaff (CB)]

My Lords, my name is added to this amendment, which I feel is very important. We know that when young people start smoking, their addiction potential and the long-term harms are very great. There is good evidence that children get cigarettes by proxy either, particularly in the case of younger children, by stealing from their own families or by purchasing single cigarettes from other children at school. However, a cohort in the older, middle-teens bracket seems to obtain cigarettes more through proxy purchasing. Quite often, with a very small incentive added to the cost of the cigarettes, they use a drug abuser or somebody else to do the purchasing for them. The retailers—the small shops—which sell cigarettes find themselves in a really difficult position. Rightly, they are not allowed in law to sell directly to the youngster, yet they are aware that there is no lever in terms of proxy purchasing, although it is they who would be prosecuted rather than the person doing the proxy purchasing.

It is important to bring the law into line with legislation on alcohol purchasing. The harms from tobacco are in a different group from those relating to alcohol, but they should not be underestimated.

[Lord Faulkner of Worcester (Lab)]

My Lords, I intervene only briefly. This is the first occasion on which I have spoken on an amendment supported by the Tobacco Manufacturers’ Association.

It seems to me self-evident that the arguments made by my noble friend Lord Rosser and the noble Baroness, Lady Finlay, just make so much sense. It is entirely sensible to bring the law into line with that governing the proxy sale of alcohol and to follow the practice which has been adopted in Scotland with regard to the proxy purchase of tobacco. Persuading young people not to smoke is something to which we in this House have devoted a lot of attention. When we return to the Children and Families Bill at the end of the month, we will have an opportunity to do something on the standard packaging of cigarettes and on smoking in cars where children are present. This is also an important measure, which will make it more difficult for youngsters to start—and thus become addicted to—this terrible, dangerous habit.