Draft Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2023

Debate between Gareth Davies and Greg Knight

Wednesday 5th July 2023 General Committees

[The Exchequer Secretary to the Treasury (Gareth Davies)]

I beg to move,

That the Committee has considered the draft Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2023.

It is a great pleasure to see you in the Chair, Ms McVey. I thank right hon. and hon. Members for attending. This daft statutory instrument will enable trading standards to exercise their investigative powers fully to check compliance with the Tobacco Products (Traceability and Security Features) Regulations 2019.

Smoking is the single leading cause of preventable death and disease in the UK, accounting for approximately 76,000 deaths each year. Half of all smokers will die as a result of smoking-related illnesses. It is estimated that smoking costs the NHS in England alone £2.6 billion per year. The Government are committed to addressing the harms of tobacco. In April, the Department of Health and Social Care announced a package of measures intended to cut smoking rates, including expanding access to new treatments, rolling out a national incentive scheme to help pregnant women quit, and using a new approach to health warnings.

Alongside that approach, His Majesty’s Revenue and Customs has a role to play, first, in charging duty on tobacco products to deter smoking and to raise revenue to cover the cost to the NHS. Theory and evidence alike show that high duty rates reduce the affordability of tobacco products and so support the Government’s public health objective to reduce smoking prevalence. Meanwhile, revenues from tobacco duty were approximately £10 billion in 2022-23.

HMRC has another key role in tackling the illicit market. One of the main challenges to dealing with smoking prevalence, aside from the addictive nature of nicotine, is the illegal trade in tobacco products, which increases both the affordability and the health risks for smokers. The evasion of tobacco duty also has significant negative impacts on the economy, public health, legitimate businesses and overall public safety. It cheats the Exchequer of revenues and blunts the effectiveness of tobacco duty as a tool for reducing smoking.

The tobacco track and trace system introduced in 2019 helps to prevent the illegal trade in tobacco products by making it more difficult for smugglers and counterfeiters to operate.

[Sir Greg Knight (East Yorkshire) (Con)]

May I refer the Minister to the explanatory memorandum, which his office has kindly produced? Paragraph 7.6 states:

“The provisions in the Tobacco Products Duty Act 1979 provide powers to make regulations to issue penalties of up to £10,000; to seize product involved in a contravention of applicable law and to exclude retailers from the TT&T registration system, therefore restricting their ability to buy duty paid tobacco for retail purposes.”

Is there, or will there be, a right of appeal should there be mitigating circumstances in a particular case? For example, if a rogue employee brought in the contraband, but the owner of the corner store were not aware, it would seem very unfair to prevent that store from being able to sell legitimate cigarettes in future.

[Gareth Davies]

My right hon. Friend makes an important point and he is right to seek clarification. My understanding is that, yes, it is right that people may appeal. All penalties are subject to review. There is a process of appeal to HMRC should that circumstance that he describes happen.

As I was pointing out, the 2019 track and trace system provides a way to verify the authenticity of tobacco products and ensures that they have legally procured distribution. The tobacco products are tracked from the point of manufacture to the point of retail, and at all stages in between. Failure to comply with the requirements of the tobacco track and trace regulations in the UK may result in an issue of financial penalties, the seizure of tobacco products found at non-compliant premises, and the exclusion of retailers from the TT&T registration system.

These sanctions are part of a Government commitment to introduce new anti-evasion measures. In 2019, our election manifesto contained a pledge to consolidate and introduce new anti-evasion measures. The measures I have outlined today achieve that. This statutory instrument will bolster the Government’s efforts to tackle the illicit tobacco market and reduce tobacco duty fraud. I therefore commend the order to the House.