Anti-social Behaviour, Crime and Policing Bill

Baroness Crawley Excerpts

Wednesday 4th December 2013 Lords Chamber

Tobacco proxy sales pose a significant problem. They have a harmful impact on the health of those under 18, for the rest of their lives. We urge the Government to consider our amendment and make proxy purchasing tobacco products on behalf of children an offence, as Scotland has and Northern Ireland is considering doing. I beg to move.

[Baroness Crawley (Lab)]

My Lords, I apologise that I was not present for Second Reading and ask for the forbearance of noble Lords in my intervention at this stage to support my noble friend’s amendment. However, my support comes with a heavy health warning about effective surveillance and enforcement. As president of the Trading Standards Institute, I am aware of this significant problem. As so many thousands of young people experience their first steps down the road to smoking addiction, as my noble friend said, it is through that means that that addiction starts.

Any move to tackle proxy sales of tobacco would get the full support of the trading standards profession, but proper enforcement and adequate surveillance is a great concern to it. A recent study of proxy sales of tobacco found that there was a strong desire from business representatives—and my noble friend referred to this—to see legislation implemented. The Robinson and Amos study of 2010 of young people’s sources of cigarettes and attempts to circumvent underage sales laws concluded that, while there was indeed a problem, more detailed research was needed before further action was taken. It was suggested that regular national smoking surveys should include questions that could capture more accurately the nature and extent of proxy purchases. I feel that this is somewhat cautious, given what we know from a number of surveys about the danger that young people are placed in by this activity. However, I would appreciate the Minister’s views on the suggestion of a more consistent way in which to survey the problem.

While the Demos think tank report that was out last week, called Sobering Up, studied the very real issue of underage access to alcohol and street drinking, and involved working with Kent trading standards officers, the read-across to tobacco is obvious. Even with legislation, enforcement is the key. The report recommended tackling the growing problem of proxy purchasing through greater community policing of the offence and tougher punishments for those caught. Of course, we are aware that there is an offence of proxy sales of tobacco in Scotland, with fixed penalty notices for both the purchase of tobacco by a young person under the age of 18 years and, separately, for the proxy purchase of tobacco on behalf of a person under 18 years. In Scotland, from April 2011, for the purchase of tobacco by a person under 18, the fixed penalty is £50 and the penalty on prosecution is up to a £200 fine. Also from April 2011, proxy purchases carry a fixed penalty of £200 and up to a £5,000 fine for a penalty on prosecution.

What research have the Government carried out into the effect of this new legislation in Scotland on proxy sales purchases so far? While many of us have anecdotal evidence, we are now two years down the road from the introduction of this Scottish legislation, and I think that noble Lords who want to support this amendment would agree that government has the provision and means to come up with far more structured evidence. I know that the Scottish legislation is still embedding itself; the Scottish Government’s request is for a softly-softly approach to be taken, especially with the introduction at the same time of the display and vending machines ban this year. But the aim, certainly, of trading standards in Scotland is to work in partnership with retailers to increase compliance with the new law. I am grateful to Veronica McGinley, the trading standards officer for Renfrewshire Council for her thoughts on the Scottish experience so far.

It has been emphasised to me that there are, of course, real personal safety risks attached to this type of sale, so we are not simply talking about young people’s health but their personal safety. In Renfrewshire alone, the recent Scottish Adolescent Lifestyle and Substance Use Survey found that 54% of 13 year-olds and 55% of 15 year-olds reported getting someone else to buy their tobacco for them. More frighteningly, in the case of 35% of 13 year-old regular smokers, this was most likely to be from an adult unknown to them.

While supporting moves to legislate in principle, we have to be aware that the enforcement of much tobacco control legislation, including the current age of sale, is the responsibility of local authority trading standards officers. There has been a great deal of talk about trading standards officers. I do not think—my noble friend is no longer in his place—that they would necessarily see themselves as cold war warriors: they are very much into partnership and encouragement these days. However, enforcement is extremely challenging given the massive reductions in staff and budgetary allocations that trading standards departments have faced in the past three years up and down the country. We have heard very recently of a local authority which has proposed reducing its trading standards department by 80% over the next two years. This is very serious if we are talking about the proper enforcement of serious legislation. The requirement also for a Regulation of Investigatory Powers Act authorisation in each case may pose a significant barrier to the testing and enforcement of future legislation. Can the Minister say what further assistance the Government envisage in terms of resource allocation to local authorities in the enforcement of this proposed legislation and, indeed, of current legislation? My noble friend made a robust case for introducing these new offences into the Bill and I look forward to the Minister’s reflections.

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Baronesses who have spoken on this issue. I was slightly surprised to see this amendment as it is something that perhaps has been, and no doubt will be, considered in debates on the Children and Families Bill. There was also last Thursday’s Urgent Question, but that was more specific on the issue of standardised tobacco packaging, which I am sure the House will deal with in its own way at the appropriate time.

We in this Committee and in the wider House can all agree that it is wrong for people to buy tobacco on behalf of children and young people; that was a point well made by the noble Baroness, Lady Thornton. We totally acknowledge that smoking is an addiction which unfortunately begins largely in childhood and adolescence, with peer pressure, friends or whatever encouraging people to take it up. Almost two-thirds of current and ex-smokers in England say that they started smoking regularly before the age of 18.

Part of our comprehensive tobacco control plan for England, which was published in 2011, was therefore focused on reducing the numbers of young people taking up smoking. The plan also includes a national ambition to reduce smoking among young people in England to less than 12% by 2015. As a result of decades of tobacco control, rates of smoking among young people have reduced considerably to around 10%, according to the most recent figures. I am sure that we have all noticed the practice of reducing smoking and prohibiting it in places such as restaurants. I remember as a child seeing smoking on trains and undergrounds, which we would be appalled by in this modern age. Restricting and prohibiting smoking has led to a reduction of it in society in general.

However, the take-up of smoking by young people continues to be a problem. It is estimated that more than 300,000 young people under the age of 16 in England try smoking for the first time each year. Reducing access to tobacco by children and young people remains a high priority for the Government and we are determined to reduce further the smoking rates among young people.

As for the sale of tobacco, we know that the majority of retailers are law-abiding and conscientious in how they conduct their sales. I acknowledge the important role they play in ensuring that legitimate tobacco products are sold in accordance with the law, including by being rigorous in refusing sales to young people under the age of 18. I realise that this can be difficult and I understand why some noble Lords and some retailers feel that it should be an offence to buy tobacco on behalf of under-18s. However, as the noble Baroness, Lady Crawley, said, we need to consider carefully whether creating a new offence of proxy purchasing is the right way forward at this time.

The supply of tobacco to children and young people is not a straightforward issue. A new offence of proxy purchasing would not necessarily tackle the wider problem of the supply of cigarettes because children and young people get them from a range of sources, not just from retailers. For example, many children and young people who smoke obtain their cigarettes from their parents or other members of the family—it is tragic but it does happen—or from friends or people they may socialise with who are over the age of 18. Buying single cigarettes in the school playground happens in certain parts of the country. A proxy purchasing offence would do nothing to stop these issues.

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Finally, while the Government want to take all appropriate action to ensure that cigarettes do not reach those under the age of 18, we remain to be convinced that a new offence of proxy purchasing is, in itself, the answer to stopping smoking by children and young people. This issue is driven primarily by the effectiveness of enforcement. Having illustrated some of the initiatives we are taking, and restated that we wish to hear about the experiences and ideas on how this matter can be tackled of all who are concerned about this issue, I hope that the noble Baroness is minded to withdraw this amendment.

[Baroness Crawley]

Given the parlous position of local authorities and the possibility of severe cuts in trading standards departments over the next three years, is the Minister satisfied that local authority officers will be able to help police these important laws to protect our young people?