Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011

Lord Judd Excerpts

Monday 11th July 2011 Lords Chamber

[Lord Palmer]

My Lords, the noble Baroness, Lady Thornton, will know full well how I abhor the habit of smoking, albeit that I am a smoker. I must declare an interest as the convenor of the Lords and Commons Cigar and Pipe Smokers’ Club. We ought to be very careful about the hypocrisy of the last Administration. If smoking was completely outlawed, the entire British economy would literally collapse. As such, as much as I admire the noble Baroness, I regret this Motion—particularly in these hard pressed times, most especially for very small retailers.

[Lord Judd]

My Lords, I strongly support my noble friend and applaud the fact that she has brought this Motion before the House. People have spoken with great emotion about the rights of individuals. There is no proposal before us to ban people from smoking—perhaps there should be. It concerns me that we always dance round the brutal, central point about smoking: that it is known beyond doubt to be a killer. We are condoning a delay in discouraging young people and others from indulging in a habit that kills.

It is not just the smokers themselves but their families, the grief, the cost to future production as people fall ill and the heavy cost on the health service when we already know that the health service is stretched almost beyond all reason. In the arguments of those who are against my noble friend, I find it difficult that they seem to suggest that this is a private matter for the individual. It is not: it has social implications and the cost falls upon society as a whole. It is not just a cost upon the individual who decides to smoke. What evaluations have been made of the cost of this delay? What will be the cost to the health service? How many people will die prematurely who would not otherwise have died? What will the cost be of supporting families where people have died prematurely because of indulging the habit? This is an absolutely inexcusable delay.

In the last 24 hours, we again heard the Prime Minister make great speeches about how he will not brook delay in his decision to decentralise and make sure that people share in responsibility and participate in the kind of society of which he dreams. If he will not brook delay in that circumstance, why does he do so in allowing a practice to go on of encouraging people to take up a habit that is dangerous and results in death? We must face these central facts. If we condone what the Government propose, we condone more death, suffering, cost to the general public and burdens upon the health service. How on earth can that be justified?

[Baroness Morgan of Drefelin]

My Lords, I thank my noble friend Lady Thornton for tabling this Motion of regret. Like many around this House, I am particularly concerned about the issue of tobacco control and I value this opportunity to seek assurances from the Minister on a number of key questions. For the record, I declare my interest as chief executive of the research charity Breast Cancer Campaign and also trustee of Lung Cancer Campaign Carmarthenshire. I have a particular perspective—it is not necessarily an interest—as my father was diagnosed with lung cancer when he was 40 and I was a child. My noble friend Lord Judd talked about the impact on the family. We have not got time to talk about that but I appreciate that comment.

I look forward to hearing from the Minister a full explanation of the rationale for the delay in the implementation of the tobacco advertising and promotion regulations. My noble friend Lord Judd asked what the cost will be. I would particularly like to know who will benefit from this delay. In the Government’s analysis, who are the real beneficiaries?

The House has already heard very passionate words about the campaign by the National Federation of Retail Newsagents to delay implementation, about how it was funded by British American Tobacco and that this was not made clear and transparent. I personally feel very concerned about that—if we do not address it now, where will that lead? I very much hope that the Minister can give us the assurance that the noble Baroness, Lady Thornton, is seeking that the Government are still committed to the framework convention on tobacco control, which aims to protect a range of public health policies, and this policy as an example, from vested interests.

We should not think for a moment that our understanding of the impact of smoking on our health is fully understood. We are for ever learning more about the impact of smoking on health and, as our understanding of that impact deepens, so does the case for control. We already know that smoking is the single largest preventable cause of cancer, with smoking causing 28 per cent of all deaths from cancer. Worryingly, an estimated two-thirds of smokers started smoking before they were 18 and almost two-fifths started smoking regularly before the age of 16.

Until recently the link between smoking and breast cancer, a particular interest of mine, was poorly understood, but only a few months ago new evidence emerged demonstrating a clear link between smoking and breast cancer for the first time. While previous reviews had not demonstrated an association between active smoking and breast cancer risk, a cohort study published in the BMJ on 1 March has made a very clear association between active and passive smoking and an increased risk of breast cancer in post-menopausal women, the group of women most likely to develop breast cancer. Significantly higher breast cancer risk was observed in post-menopausal women who are active smokers, with links between the intensity and the duration of smoking—what some might describe as a dose response—as well as a link with the starting age of smoking.

Compared with women who had never smoked, breast cancer risk was increased by 16 per cent among current smokers. This is yet more evidence in favour of the need to control tobacco. Among former smokers, the time since quitting smoking was significantly inversely associated with breast cancer risk. It took 20 years for a former smoker’s risk to fully reduce. On the point made by the noble Lord, Lord Judd, about whether or not this is a private matter, passive smoking was also looked at in this research very effectively. The same study suggests an association between passive smoking and breast cancer and this is a really important new piece of understanding. Among women who have never smoked, those with the most extensive exposure to passive smoking had a significantly increased risk of breast cancer compared with those who had never been exposed to passive smoking. This is a very important development in our understanding.

While there is still much more to be done to understand the precise link between smoking, both active and passive, and breast cancer, one thing that is crystal clear to me is that women will not benefit from a delay in this measure. The noble Lord, Lord Borrie, makes a very good point about the need for balance in public health policy, but it is important that we recognise that, in that balance, the desire of smokers to quit, the need to prevent young people starting and the fact that our understanding of smoking and the impact on public health continues to unfold need to be factored in.

The case for the tobacco display regulations has already been made. I do not believe that the case for delaying these regulations has been made to the satisfaction of this House and I very much welcome this debate.

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[Lord Stoddart of Swindon]

My Lords, I had better declare an interest, as did the noble Lord, Lord Palmer, in that I am an associate member of the Lords and Commons Cigar and Pipe Smokers’ Club. I am an associate member because I do not smoke, and I therefore cannot be a full member. Nevertheless, I have sympathy with the club’s aims, which are to give some support and protection to people who smoke.

Smoking is, as we have heard tonight, perfectly legal. In spite of all the attacks made on smokers, at least 21 per cent of the population still decides to smoke. In spite of all the measures that have been taken and all the high costs of cigarettes, a fifth of the population still wishes to smoke. Their rights deserve just as much consideration as in any other practice, whatever that may be. They are entitled to the same consideration and protection.

I am most surprised that these regulations from the coalition Government are before the House tonight, because I well remember during our discussion in Committee on the Health Bill in 2009 that the noble Earl, Lord Howe, was very doubtful about these measures of screening tobacco products from the public. It really is an imposition that retailers are prohibited from displaying a legal commodity. That undermines freedom. Make no mistake about it; if you allow people to sell a product and say that it is legal to sell it, why on earth then say that although they want to sell it and advertise it, they may not do so—they may not display to people that they can buy a certain product in their shop?

There is a lot of hypocrisy about smoking. If people believe, as the noble Lord, Lord Judd, and others do, that this is the most dangerous product in the world, they ought to come forward bravely and ban it. That is the answer. Why is it not banned? There are probably two reasons. The first is because of the £10 billion which the Treasury gets every year from the sale of tobacco. The Treasury loves to have that money; make no mistake about that. The other reason is that the cost of enforcing the ban would be so high that it would probably have to spend another £10 billion doing so.

[Lord Judd]

Of course it is powerful to argue that people like me should come out for a ban. We recognise that there is a balance between individual freedom and what is decided about society. That arises in the context of smoking. We are dealing with measures that delay the introduction of a scheme to discourage people from taking up the habit. We are dealing with a proactive situation that is encouraging people to smoke. There is a fundamental difference here.

[Lord Stoddart of Swindon]

There is absolutely no difference at all. The brewers and the distillers wish to promote their product. They want people to start drinking as soon as possible because they make big profits out of people drinking. The noble Lord, Lord Judd, waxed eloquent about the dangers of tobacco. I remind him about the even worse dangers of alcohol addiction. Why are we not doing the same about alcohol? If people smoke, they do not go home at night and beat their wives and children. People who drink too much alcohol do that. Indeed, they kill people outside pubs. Cirrhosis of the liver kills many people at a very young age. Why are we allowing drinks to be displayed? Why do we not tax alcohol in the way that tobacco is taxed?

There are lots of arguments against using this huge sledgehammer against tobacco retailers in particular. We know that a lot of pubs have closed because of the smoking ban in public places. How many retailers will go out of business because of this ban? I have been a small retailer myself, and not everyone realises that the very fact that cigarettes are on display and people go in and buy them helps retailers to sell other things as well. They are not just tobacco retailers, they retail a whole host of other things, and the fact that they are selling and displaying tobacco helps them to sell other products.

I really would like to speak for a long time about this—after all, so far the debate has been rather one-sided—but I realise that time is getting on, there is another Bill to be discussed and the Minister has yet to reply. I repeat that I am surprised that we have this legislation before us tonight, and I will allow the Minister to tell us all about it.

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[Earl Howe]

The noble Lord asks a very interesting question. I have seen some papers in the department about that particular product. I am not in a position yet to give the noble Lord any definitive answer, but I would be glad to do so once the Government have reached a view on the matter. It is a very new development.

I mentioned just now that the majority of smokers say that they were smoking regularly by the age of 18—that is, before the age at which you can now lawfully purchase tobacco products. However, we also recognise that while nicotine keeps tobacco users physically dependent, a wide range of social and behavioural factors encourage young people to take up smoking and make it harder for tobacco users to quit. To promote health and well-being we will work to encourage communities across England to reshape social norms so that tobacco becomes less desirable, less acceptable and less accessible. We want all communities to see a tobacco-free world as the norm and we aim to stop the perpetuation of smoking from one generation to the next. To reduce smoking uptake by young people, we all need to influence the adult world in which they grow up. We must also remove the considerable social barriers that smokers face when they are trying to quit.

One focus of the Government’s tobacco control plan is that we must do as much as we can to stop the recruitment of new young smokers. We know that teenagers are susceptible to experimenting even when there is clear evidence of the dangers. The noble Lord, Lord Stoddart, expressed some surprise that the Government have decided to maintain the ban on tobacco displays. We looked at the evidence and there is evidence that the display of tobacco in shops can promote smoking. We believe that eye-catching displays encourage young people to try smoking. Displays also undermine attempts by adults to quit by tempting them to make impulse buys of tobacco. That is why we are implementing the legislation set out in the Health Act 2009, and related regulations, to end tobacco displays in shops. This will help to change perceptions of the social norms around smoking, especially by young people, who are often the target of tobacco promotion.

However, the Government are also committed to amending the display regulations to mitigate burdens on business. The growth review announced by my right honourable friend the Chancellor of the Exchequer in November last year aims to reduce the regulatory burden on business, particularly on small and medium-sized enterprises and micro-businesses. In line with this priority, as set out in my Written Ministerial Statement made to your Lordships’ House when the tobacco control plan was published on 9 March, we will both delay the implementation of the tobacco display legislation and make it more practical for shopkeepers. The amending regulations that we are discussing today implement the first step by changing the start dates so that the legislation will apply to large stores on 6 April next year and on 6 April 2015 to all other stores, including small shops.

Of course, delaying implementation will delay the expected public health benefits, but this is only one initiative within our tobacco control plan. The noble Lord, Lord Judd, and the noble Baroness, Lady Gale, picked up the point we made that we still aim to maintain the public health gains. The evidence shows that limiting displays can be expected to reduce the number of young people taking up smoking and help quit attempts by adults, but we do not expect an immediate, dramatic effect on rates of smoking prevalence. The effect will be long term as successive cohorts of young people grow up in a world of free of tobacco displays.

[Lord Judd]

Perhaps the Minister was intending to go on and make this point, in which case I apologise, but will he inform the House whether the cost of the delay has been estimated, and if so, what it is?

[Earl Howe]

My Lords, I had planned to carry on and cover that point. In broad terms, the impact of this is being recalibrated, and we will publish further figures in due course.

Experience across the world shows that success in reducing smoking prevalence requires a comprehensive approach; the tobacco control plan for England sets out our strategy for the next five years, and it therefore includes a range of initiatives that will help to reduce smoking uptake and in particular help us to achieve our national ambition to reduce rates of regular smoking among 15 year-olds in England to 12 per cent or less by the end of 2015, from 15 per cent in 2009.

The Government are taking the following actions to reduce smoking by young people. We will end tobacco sales from vending machines on 1 October this year. This will remove an easily accessible, and often unsupervised, source of cigarettes for under-age young people. The Government will review sources of tobacco for young people. The Department of Health has commissioned an academic review of the evidence about this. The report will be completed late this year and we will then be able to determine what further action might be needed to reduce under-age access to tobacco. We will encourage and support the effective enforcement of the law on under-age tobacco sales by local authorities, and encourage local authorities and their partners to play an active part in helping to change social norms around smoking, particularly through using behavioural insights. We will also explore whether the internet is being used to promote tobacco use to young people and, if so, to consider what more can be done on a global level. In addition, as part of a new tobacco marketing communication plan to be published later this year, we will explore ways in which to provide young people with information about risky behaviours that can affect their health, including tobacco use, and to help them to resist pressures to take up smoking. This work is likely to involve digital media, because of their popularity, and reach among young people.

I impress on the House that the regulations that we are debating tonight are only one part of a concerted effort to reduce smoking prevalence among young people. My Written Statement set out how the regulations will be further amended, and I want to reassure the House and other interested parties, in particular retailers with large stores, that the Government will publish draft amending regulations as soon as possible. These will set out how the legislation will work in detail. By moving forward in this way, we believe we have struck the right balance between improving public health and supporting businesses during these difficult economic times. This is in keeping with our deregulation agenda, while continuing to make long-term progress to protect public health.

The noble Baroness, Lady Morgan of Drefelin, asked me specifically who would benefit from the delay in implementation. Our decision to delay implementation will most benefit the micro and small businesses that are so vital to communities across this country, and the delay is entirely in line with the principle set out in the Government’s growth review.

We have also heard about how the tobacco industry has been involved, and has involved others, in lobbying against tobacco control legislation. While we want to be sure that all voices are heard in debates on new legislation and policies, there is an inevitable tension between policies that are intended to reduce smoking prevalence and the interests of those who profit from the promotion and sale of tobacco, including tobacco companies and, to a lesser extent, retailers that sell tobacco products. I am sure noble Lords will agree that we need transparency in lobbying.

The Department of Health works hard to develop workable, balanced tobacco control policies and invites views, not least through formal consultation exercises, from all those with an interest in, or who may be affected by, proposed policies, including retailers. However, as set out in the tobacco control plan, the Government take very seriously their obligations as a party to the World Health Organisation’s Framework Convention on Tobacco Control. The FCTC places treaty obligations on parties to protect the development of public health policy from the vested interests of the tobacco industry. To ensure transparency, in future all organisations with which the Department of Health liaises on tobacco control, including through responding to consultation exercises, will be asked to disclose any links with, or funding received from, the tobacco industry. We want all parties that engage with the Government to be honest and transparent when it comes to vested interests.