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

Earl Howe Excerpts

Monday 11th July 2011 Lords Chamber

[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.

[The Parliamentary Under-Secretary of State, Department of Health (Earl Howe)]

My Lords, may I begin by saying how much I welcome the opportunity to debate the noble Baroness’s Motion, and that I recognise the key role she played in taking provisions through your Lordships’ House to end the display of tobacco in shops? I add my thanks to all noble Lords who have spoken.

The Healthy Lives, Healthy People White Paper sets out the coalition Government’s determination to improve the health of the nation and the health of the poorest fastest. The tobacco control plan for England, published on 9 March, was the first of a number of follow-on documents on how we will improve public health in specific areas. I welcome the positive remarks made by the noble Lord, Lord Faulkner, and others about that plan.

Smoking remains one of our most significant public health challenges, and causes over 80,000 premature deaths in England alone each year. While rates of smoking have continued to decline over the past decades, 21 per cent of adults in England still smoke. Smoking contributes significantly to health inequalities and is the single biggest cause of inequalities in death rates between the richest and the poorest in our communities. Smoking also costs society a great deal. Treating smoking-related disease is estimated to cost the NHS in England some £2.7 billion every year, a point brought out very well by the noble Lord, Lord Judd. Some 5 per cent of hospital admissions for people aged 35 and over in England each year are attributed to smoking.

It is clear that we must keep up the momentum to reduce the harm of tobacco use. The tobacco control plan sets out how comprehensive tobacco control will be delivered over the next five years within the new public health system. The take-up of smoking by young people is a particular concern. Smoking is an addiction largely taken up in childhood and adolescence, so it is crucial to reduce the number of young people taking up smoking in the first place. Nicotine is extremely addictive and young people can develop a dependence on tobacco rapidly. Each year in England an estimated 320,000 children under 16 try smoking for the first time, and the majority of smokers say they were smoking regularly by the age of 18.

[Lord Stoddart of Swindon]

The noble Earl, Lord Howe, has just said that nicotine is very addictive. Is he aware that a cigarette that delivers nicotine to the body without smoke has been developed? Do the Government plan to ban non-smoking cigarettes?

[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.

[Lord Naseby]

Can the Minister clarify why whoever is lobbying should not disclose where their funding is coming from. Why is it specific to the tobacco industry? There are all sorts of bodies out there with views which may not seem obvious to the Government but underneath there is some objective. Why not have total transparency so that anybody who lobbies discloses where the money has come from?

[Earl Howe]

My Lords, the principle behind my noble friend’s question is certainly unarguable. He makes a very good point that if somebody is concealing the true basis on which they are making representations then that is clearly undesirable. I will take his point back to my colleagues in the department. Nevertheless, in this particular case the mischief lies in the obfuscation that we have seen on the part of the tobacco industry; I am not aware of any other obfuscation that has been at play in this context.

[Lord Stoddart of Swindon]

I understand that the Government refuse to meet the tobacco manufacturers. Is that the case and if it is are the Government not missing a trick? If they met the tobacco manufacturers they would be able to put all these points of view to them across the table.

[Earl Howe]

I am not aware that any of my coalition Government colleagues have met representatives of the tobacco industry face to face. I have met representatives of the tobacco industry in the past but not in my capacity as a Minister. It is possible that officials in the Department of Health have had dialogue with the tobacco industry but I cannot give the noble Lord any details because they are not in my brief. If I am able to enlighten him I shall gladly do so.

The noble Baroness, Lady Thornton, asked why we had not published any details of government meetings with the tobacco industry. I would say to her that we take very seriously our commitments under the WHO framework convention. We are taking forward work to implement all the commitments in the plan; we will make sure that we publish details of policy-related meetings between the tobacco industry and government departments and we are currently exploring the most effective and appropriate mechanism for doing that.

The noble Baroness and other noble Lords suggested that the decision to delay the display regulations was unduly influenced by the tobacco industry. I want to take this opportunity to reject that emphatically. We are well aware of the views of the tobacco industry through public consultation, correspondence, press articles and the open lobbying that it does. We have listened carefully to the views of a range of retail organisations as well as the public health community; nevertheless we believe that retailers have genuine concerns and that they deserve our support. We have a clear mind on supporting business during these challenging times and we believe that a balance has been fairly struck, although it is open to noble Lords to disagree with that.

My noble friend Lord Naseby and the noble Lord, Lord Faulkner, mentioned the issue of plain packaging. the tobacco control plan includes a commitment to consult on options to reduce the promotional impact of tobacco packaging, including an option to require plain packaging before the end of 2011. I must emphasise that the Government have an open mind on plain packaging, and we will use the consultation to gain an understanding of the views of interested parties.

My noble friend Lord Rennard asked what we are doing about illicit tobacco sales. Her Majesty’s Revenue and Customs published a renewed strategy to tackle the illicit trade in tobacco products in April of this year. Our tobacco control plan complements that strategy by stressing the importance of cracking down on illicit tobacco sales, which will in turn reduce tobacco consumption and organised crime and will support legitimate retailers. It is relevant to add that there is no evidence from countries that have stopped tobacco displays in shops that a prohibition increases the illicit trade. For example, we are told by the Irish Government that stopping tobacco displays in the Republic in July 2009 has not caused the illicit trade to increase there. According to a report published earlier this year by Japan Tobacco International, an estimated 22 per cent to 24 per cent of all tobacco consumed in Ireland evaded Irish excise duty, but that is actually a decrease from 2009. It is the first decline since recording began in 2005.

So there are two imperatives here. The Government are committed to improving public health, including by reducing rates of smoking. We are also committed to economic recovery. I believe that our way forward on ending tobacco displays in shops strikes a fair balance between those two priorities. I thank your Lordships for participating in this important debate and I welcome the continuing support of the noble Baroness for tobacco control and I hope that, in the light of what I have said, in particular in the wider context of these regulations, she will feel able to withdraw her Motion.