Children and Families Bill

Baroness Howarth of Breckland Excerpts

Wednesday 29th January 2014 Lords Chamber

[Lord Cormack]

My Lords, I begin by congratulating my noble friend Lord Howe on his amendment. I wholly support what he said about packaging and about appointing Sir Cyril Chantler. I have the good fortune of knowing Sir Cyril. Like the noble Lord, Lord Patel, who spoke a moment ago, I believe that he is a man of impeccable integrity and great knowledge and I am sure my noble friend could not have chosen anyone better. I do not want to dilate on that subject.

I have smoked two cigarettes in my life. I was 15 years old; they were Woodbines and it was behind the bike shed. They were thoroughly disgusting—I have never smoked since and I never want to smoke. I am afraid I cannot say the same for my wife, although I think she has cut down a bit; she certainly does not smoke in my presence, either in the car or at home.

It is beyond doubt that we can and should accept everything that has been said about the dangers of smoking by the noble Lord, Lord Patel, and my noble friend—my friend in every way—Lord Ribeiro. We should do everything possible to deter people from smoking. I am sure I speak on behalf of everyone in congratulating my noble friend Lord Ribeiro on the birth of his grandson. I would be entirely in favour of the parents of the grandson of the noble Lord, Lord Ribeiro, being sent a note about the dangers of smoking. I would be entirely in favour of the parents of every newborn child being specifically warned about the dangers to children of passive smoking. I would be entirely in favour of increasing the taxes on cigarettes. I would be in favour of extra insurance premiums for people who smoke. I would not object to there being a column about smoking on car insurance forms, and, if you tick the smoking box, there being an extra premium that goes directly to the battle against smoking. I would be entirely in favour of all those things or permutations of them. There are many that we could all think of.

However, when it comes to the question of smoking in motor vehicles, my noble friend Lord Ribeiro introduced his amendment skilfully, tactfully and undogmatically. I have no argument with that, but I believe that his essential premise is wrong. To advocate any law that is going to be exceptionally difficult to police and enforce, and moreover brings the state into the private space of individuals, is to be deplored.

[Baroness Howarth of Breckland]

My Lords, can I just ask the noble Lord about the whole of the child protection law as it stands at the moment, which is in every private space to protect children from neglect, emotional harm and, indeed, abuse within their own homes.

I believe that this is actual harm. It is extraordinarily difficult to police every home, as we know from what happens to social workers and social services every time something occurs in a local authority because the policing has been so difficult. That does not stop us having legislation to ensure that in private space, the child is protected from harm. We have heard from the noble Lord, Lord Patel, just how harmful it is. Were it left to me, I would legislate in the private space of the home. Having been brought up in a two-bedroom house on a working class estate, I think that my lungs have suffered. I am just pointing out that we legislate for private space, because that point has been raised on a number of occasions.

--- Later in debate ---

[Lord Faulkner of Worcester]

The figures on counterfeiting reached a peak in 2000 and have been steadily falling year by year. If the noble Lord had listened to my remarks earlier, he would have heard that I said that there is no reason why standard packaging should not be at least as secure as existing branded packs.

[Baroness Howarth of Breckland]

My Lords, I would like to ask a short question.

[Baroness Northover]

My Lords, I remind noble Lords that we are on Report. Noble Lords have one opportunity to speak. They can intervene to ask a question to seek elucidation from somebody who is speaking. Providing that is what noble Lords do, those interventions are all right. They must seek clarification from, or ask a question of, the person who is speaking.

[Lord Naseby]

I reassure the House that I do not intend to speak for very much longer. I respond to the noble Lord opposite by pointing out that the latest figures for Australia indicate an increase of 13% following the introduction of standardised packaging for counterfeit and illegal cigarettes. Therefore the most current evidence—perhaps he can get up to date—is a little more relevant. To finish on standardised packaging, if 20% of our nation smokes legitimately, and we have a legitimate industry, do people not have a right to choose between one pack which they like the look of as opposed to another pack?

I will finish with Australia. I, too, welcome Sir Cyril Chantler as chairman. I also know him quite well and have known him for a very long time. He will already be able to see two results. One is that standardised packaging has done absolutely nothing to the prevalence of smoking in Australia, and the other, as I have just mentioned as evidence to the noble Lord opposite, is the worrying fact that the illegal market has increased by 13%, up to an all-time high in Australia of 13% of all consumption.

I draw the House’s attention to a book in the Library which refers to the situation in the United Kingdom during the war. It is called Black Market Britain, 1939-55, by Mark Roodhouse, and it features, among other evidence, what happened to the cigarette market during the time of the black market. I refer to that book because if we go down the route of standardised packaging, a black market will undoubtedly emerge.

I wish Sir Cyril well; we await his report with interest, and I am sure that it will be balanced and thorough. However, whatever that report produces, I ask that first, the Government will give adequate time to this House to have a short debate on it, and secondly, and perhaps more importantly, that the industry will have a reasonable amount of time—and by that I mean some weeks and not days—to look at the evidence that is provided by Sir Cyril and to put its view to the Secretary of State on its interpretation.

Finally, I will wind up on a couple of other questions, specifically on proposed subsection (4)(d) of Amendment 57B on,

“reducing the appeal or attractiveness of tobacco products”.

I submit that that has little to do with the packaging. Proposed subsection (8)(d), which refers to,

“the shape of such products”—

as opposed to the package—does not have anything to do with the packaging, and proposed subsection (8)(e) would even more insidiously apply to,

“the flavour of such products”.

Given that by nature all cigarettes are different, as tobacco is a vegetable product and they all taste different, I do not see how on earth the Secretary of State can intervene regarding the flavour of tobacco. I have already mentioned the contrast between the consent of Wales, Scotland and Northern Ireland and our own home Parliament.

[Baroness Howarth of Breckland]

My Lords, I apologise to the noble Baroness for intervening earlier. I wanted to ask a short and straightforward question of the Minister. Should the noble Earl’s amendment be accepted—I hope it is because I greet it hugely; noble Lords will know how much it means to me—can he tell us in his summing up what the timetable is likely to be as regards when the research would take place and how long it might take? If, when that was completed, the outcome was positive—I recognise that because it is research it could go either way—when would the Government be likely to bring in the legislation? I recognise that we are moving towards an election and I hope that the Minister would want to get this on the statute book before he might or might not leave office. We already have legislation on not displaying cigarettes, but I still go in to my local tobacconist and see displays of cigarettes, so I wonder what is happening about that.