14 Jake Berry debates involving the Department of Health and Social Care

Mon 25th Mar 2013
Thu 16th Jun 2011

Tobacco Packaging

Jake Berry Excerpts
Thursday 7th November 2013

(11 years ago)

Commons Chamber
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Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
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I beg to move,

That this House has considered standardised packaging of tobacco products.

I welcome our first opportunity to debate this matter in the Chamber since the Government made their decision in the summer, and I thank the Backbench Business Committee for allowing it to take place.

The Department of Health held an extended consultation on standardised packaging of tobacco products, but it was greatly disappointing to people across the House that the Government decided not to proceed with standardisation. In September we had a very full Westminster Hall when we debated this subject. It was the first day back after our summer recess, so I suspected that we would not get a full audience, but in the end 21 Members spoke, meaning that a strict time limit had to be imposed on speeches. It was a wide-ranging debate that allowed everyone to put their point of view, and I hope that we can do the same thing in this Chamber this afternoon.

Since that Westminster Hall debate, we have had a new Minister, the Under-Secretary of State for Health, my hon. Friend the Member for Battersea (Jane Ellison), whom I welcome to her place. She has an opportunity to set out the Government’s position on standardised packaging of tobacco products, and I hope that she will indicate some movement in favour of standardisation. When this matter was raised in Health questions recently, it was debated at length, with many Members wishing to get in. By way of context, there is also an upcoming House of Lords debate on the Children and Families Bill, which I hope will result in the Bill being amended to outlaw the smoking of tobacco products by people travelling in cars with young children.

Obviously, we do not wish to divide the House today, but I say to the Government that unless we get some movement before Christmas, we will seek another debate, with a Division, so that the will of the House can be expressed.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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How does my hon. Friend think that the banning of smoking by people travelling in cars with children would be enforced?

Bob Blackman Portrait Bob Blackman
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I do not wish to be diverted from our subject, which is the standardisation of tobacco packaging. I will leave it to the other place to determine that matter, but no doubt if it has the wisdom to implement that rule, it will come back here for further debate.

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Bob Blackman Portrait Bob Blackman
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No, I do not. It is quite right that we should take action to prevent manufacturers from making their products more attractive to children and young people.

We are left with one large loophole, through which the tobacco industry is still furiously blowing smoke. The packs themselves can be used to market and advertise, to create brand identities, and to help to present an image of smoking that might indeed seem “cool” to an insecure teenager.

Jake Berry Portrait Jake Berry
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My hon. Friend is generous in giving way and is making an excellent opening speech. On the covering up of cigarettes in large and small retailers—something I support—at what point does he think that packets will be on display as advertisements for the tobacco companies if they are covered up at the point of sale? Will it just be at the point when the cigarettes are in someone’s hand—after they have already been bought?

Bob Blackman Portrait Bob Blackman
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My hon. Friend brings me to the next aspect of the issue. The cigarettes will be behind closed doors, as it were, and the only time when smokers will display their tobacco branding will be when they take out their pack to smoke, which is welcome.

Jake Berry Portrait Jake Berry
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People have already bought them.

Bob Blackman Portrait Bob Blackman
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Indeed, but that is the only advertising that the tobacco industry can currently have.

The trade magazine World Tobacco advises:

“If your brand can no longer shout from billboards, let alone from the cinema screen or the pages of a glossy magazine…it can at least court smokers…from wherever it is placed by those already wedded to it.”

That is the industry speaking. Philip Morris International, in its company response to the consultation on standardised packaging, said that as

“an integral part of the product…packaging is an important means of differentiating brands and in that sense is a means of communicating to consumers about what brands are on sale and in particular the good will associated with our trademarks, indicating brand value and quality. Placing trademarks on packaged goods is, thus, at the heart of commercial expression.”

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Alex Cunningham Portrait Alex Cunningham
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We can all choose which part of the briefing we wish to cite. It is clear to me that standardised packaging is working in Australia, and I am sure that it will continue to do so. The hon. Member for Harrow East mentioned that 81% of people were likely to have thought about quitting at least once a day during the past week, and I think that that too is an important statistic.

What further evidence does the Secretary of State need to see before he commits himself decisively to making these life-saving changes? Pressure on smoking must be continuous and relentless, because we are fighting a pervasive, lethal and powerful addiction. We cannot afford to waver or hesitate. Every year more than 200,000 people under the age of 16 start to smoke, and that is 200,000 too many. Even if plain packaging just halves the number of new young smokers who are currently attracted to the slim, colourful and glamorous packs, it will have had a major impact on hundreds of thousands of lives.

If we wait the suggested three years for evidence from Australian legislation to emerge, little if any progress will be made. Incidentally, in the United Kingdom fewer people are attempting to quit with the help of the national health service for the first time in five years. The current prospect is unacceptable. The Government must act now to prevent further tragedy, rather than adopting the leisurely timetable that has been proposed by some who think that they know better, or perhaps have vested interests.

Let me drive the point home. More than 250 people die prematurely every year from smoking-related diseases in my local authority area of Stockton-on-Tees. We have a lung cancer rate of 67.1 per 100,000 people, which is a staggering 40% higher than the national average, and figures show that 610 children aged between 10 and 14 are already regular smokers.

I recall young people referring to cigarettes as “cancer sticks”, but many still think it cool to smoke. I see them walking to school, cigarette in hand or mouth, and it upsets me to think that had the Government acted, many of them would not have been attracted to the habit at all. Attempts are being made in the other place to introduce new clauses to the Children and Families Bill which would create a requirement for standardised packaging, and it is also possible that my own proposals to render it illegal to smoke in any vehicle where children are present will be reintroduced.

Jake Berry Portrait Jake Berry
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Will the hon. Gentleman give way?

Alex Cunningham Portrait Alex Cunningham
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No.

I hope the Government will do the right thing by pre-empting the votes in the other place and announcing they will introduce their own legislation and put this matter to bed once and for all. No company should be allowed to promote such a deadly product through advertising and marketing. The glamorised packet in the hands of a young person is the most powerful marketing tool the industry now has left. Let us deny it to it without delay.

The case for standard packs is strong, and the need for action is urgent. A few weeks ago I spoke of the two sides in this debate: on the one side, the rich and utterly cynical industry that is quite happy to market products that still kill more than 100,000 people across the UK every year—more than the next six most common causes of preventable death—and on the other side, the medical and health community, politicians from all parties, and the general public. In the middle are the Government. Ministers from the Prime Minister himself down through the ranks know there is evidence that standardised packs will work for the better. I hope they will announce action now and give our people a better chance at better health.

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Nigel Evans Portrait Mr Evans
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Certainly there is no health warning on cannabis and ecstasy, and we know they kill a lot of people.

Jake Berry Portrait Jake Berry
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Surely if making something illegal stops people consuming it, the fact that it is illegal for those under 18 to buy cigarettes would already stop any children taking up smoking.

Nigel Evans Portrait Mr Evans
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We know that is not an effective law, but that does not mean we should not have that law.

I believe we ought to look at education for young people. I do not want to see young people taking up cigarettes or any tobacco products at all. Doing more in the schools is vitally important, as is doing more through public health education campaigns. Will the Minister tell us what plans the Government have to roll out health campaigns particularly aimed at young people, to discourage them from starting to consume tobacco products?

I believe we should wait until we get the proper evidence from Australia and other countries about the impact of standardised packaging. Once we have the evidence, it will be appropriate to decide whether or not to introduce standardised packaging. As I said at the outset, tobacco would be the only product sold in the UK where the state entirely governed the packaging. Before we go down that slippery slope, which may be extended to other products in the future, we should make absolutely certain we have the science and evidence to back up the decision.

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Angela Watkinson Portrait Dame Angela Watkinson (Hornchurch and Upminster) (Con)
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May I begin by drawing the House’s attention to my entry in the Register of Members’ Financial Interests? I speak as a lifelong non-smoker. I have never smoked and I do not intend ever to smoke. That is my choice, and such a choice is open to anyone, but there has been a huge change in the culture surrounding smoking since I was a child. I do not know whether anyone in the Chamber is as ancient as me, but if they are, they will remember a television advert saying, “You’re never alone with a Strand”. It had a picture of a glamorous, enigmatic man with the collar of his raincoat turned up. He was smoking, and every man wanted to be like him because he was glamorous and mysterious. Hollywood stars, who appeared to spend their entire lives in evening dress, had long cigarette holders and the practice was presented as glamorous, attractive and sophisticated. People of my age at that time could not wait to grow up and reach 16 so that they could smoke—everybody did—because it was a sign that someone had grown up. I suppose that it was a blessing that I was brought up poor and working class. I could not afford to buy cigarettes and I should probably be grateful for that fact now, as it meant that I never took up the habit.

A couple of hon. Members have referred to the harrowing experience of losing a parent to cancer. I share that experience, although it was not smoking-related in my case. It is important that the education on smoking that I never received as a child, nor for several years afterwards, is now available to our younger generation. It was normal for me to see every adult around me smoking, but that is not normal now. If one goes past a place of work, however, there will be a group of people outside smoking, leaving a carpet of cigarette ends on the ground. That is a cause for complaint for all the non-smokers in that organisation, who know that smokers get smoking breaks from time to time during the day that they do not.

In a previous life, when I worked in local government, the one recreation room for staff had to be surrendered to the smokers because the council was obliged to provide a smoking room. It had glass walls, and as one walked around, all one could see was a great fug of smoke. Again, people in there were spending time on breaks that non-smokers were not allowed to take.

I pay tribute to the schools in Hornchurch and Upminster for the important work they are doing to educate our children from the youngest age. They have citizenship classes and school councils, and they take anti-smoking education extremely seriously.

The purpose of plain packaging is mainly to deter young people from taking up smoking and, hopefully, to deter established smokers. As has become obvious, there is consensus on both sides of the House that we should do everything we can to deter young people from taking up smoking and to enable them to understand the health implications of which people were not aware years ago. When I was a child, the health implications of smoking were never mentioned.

The first question we need to ask ourselves is: would plain packaging work? Secondly, what would be the effect on illicit tobacco sales and products? Finally, what would be the effect on small retailers and the design and packaging industry? Several speakers have referred to the fact that plain packaging has been introduced in Australia, but that was only about a year ago. I think that it is far too soon for us to make a credible evaluation of how effective the measure has been on young new smokers and existing smokers.

In 2008, the Department of Health identified the predictors of smoking initiation as age, gender, home environment, drug use and alcohol. Truancy and exclusion from school were also factors, but not packaging or the appearance of tobacco products—and, strangely, not price. When I was young, price was the one thing that stopped me smoking. Had I been able to afford it, I probably would have tried it. The NHS study “Smoking, drinking and drug use among young people in England in 2011” reported that 5% of 11 to 15-year-olds smoked regularly—that is, at least one cigarette a week. That sounds to me as though one child who could afford a packet of cigarettes was handing them around to their friends. That was half the number reported in 2001 and it compared favourably with the 6% who said that they had taken drugs in the past month.

There are better solutions to reduce the number of young people who take up smoking. Such smoking is at an all-time low of 5%, but we need to do more. We must not underestimate the influence of fashion and trends on young people, and if smoking becomes the in thing again, that percentage could rise.

Jake Berry Portrait Jake Berry
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On the question of smoking becoming fashionable again, what is my hon. Friend’s view on recent concerns about electronic cigarettes? Of course, they are not covered by the 2007 legislation and they can be smoked indoors in bars, clubs, pubs and restaurants. Recently, e-cigarette fluid has been marketed in champagne, vodka and bubblegum flavours. Is she concerned about that?

Angela Watkinson Portrait Dame Angela Watkinson
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I must confess that I have tried e-cigarettes. I tried an apple-flavoured one, and it was quite an attractive, comforting thing to do.

I was a co-signatory to the open letter from my hon. Friend the Member for North Antrim (Ian Paisley) that highlighted the dangers posed by plain packaging to jobs, businesses, tax revenue and the legal trade due to increased smuggling and counterfeiting. Plain packaging would make smuggling easier and cheaper, and such products could be manufactured without regulation or quality control—I am told that some contain quite noxious additives. That situation could only exacerbate the associated criminality and revenue loss.

Her Majesty’s Revenue and Customs estimates that in my constituency of Hornchurch and Upminster, and those of other hon. Members, up to one in six cigarettes and 48% of hand-rolling tobacco is already illegal, costing the Exchequer up to £3 billion a year. If plain packaging were introduced, those figures would undoubtedly rise.

Plain packaging would also have a negative impact on small convenience stores. The display ban that is already in place in large stores will cover small shops in 2015. Most customers make additional purchases when buying their cigarettes and that custom is essential to the viability of small shops. I was in my local newsagent recently, standing behind somebody who was buying a packet of cigarettes. There was a warning on it in big, bold letters to the effect that smoking can kill. One could not possibly miss it, so that person had made a conscious choice to disregard the warning on the packet.

Plain packaging would also have a devastating effect on the supply chain for the tobacco sector, particularly as regards the design and production of branded packaging. That would stifle innovation, development and competition. It would be likely that lobby groups would continue to campaign for other product groups, such as alcohol or certain foods, to be subject to similar measures. That would be the thin end of the wedge, and it would pose a further threat to the design and packaging sectors and to the freedom of customers to make informed choices.

The Government are already investing significantly in anti-smoking measures. Anyone who wants to stop can get smoking cessation courses free of charge. We have television adverts and hoardings on the street, and there cannot be anybody in the country who does not know the health risks of smoking. People make a choice about whether to do it. As far as children are concerned, the principal responsibility lies with their parents, who should know how much money their children have to spend—a packet of cigarettes is very expensive—and how they spend it unsupervised.

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Paul Burstow Portrait Paul Burstow
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Absolutely, and that is the most pernicious part of it. It is addiction posing as freedom of choice, whereas once they are addicted, people have lost their freedom of choice, and it is very hard to step back from that.

Jake Berry Portrait Jake Berry
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On the subject of free choice, I am interested to hear that three-quarters of smokers take up smoking between the ages of 16 and 18. If people are not capable of exercising free choice at the age of 16, why does the right hon. Gentleman think it right that the Lib Dems have a policy of reducing the voting age to 16?

Paul Burstow Portrait Paul Burstow
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To make sure that the record is clear, I said that two thirds of smokers are addicted by the age of 18. It is entirely right that we have the debate on the voting age. The House has voted on the matter and has supported the idea that we should allow people to exercise a democratic choice at the age of 16, but that is not today’s debate. Although I would hope that voting was an addictive behaviour, it is not, and getting people to vote at an earlier age is more likely to get the participation rate up. That is why I support it and why my party does as well.

Let me move on to another point about what the industry has as its agenda. Imperial Tobacco’s global brand director, Geoff Good, has said that package redesign has been worth

“over £60 million in additional turnover and a significant profit improvement. . .the UK had become a dark market, the pack design was the only part of the mix that was changed, and therefore we knew the cause and effect.”

That was in 2006. Tobacco advertising is already banned in the UK. The branding and brightly coloured packaging clearly meet the legal definition already in existence. They are a form of commercial communication with the aim or direct or indirect effect of promoting a tobacco product. In the words of Imperial Tobacco’s global brand director, Geoff Good,

“pack design was the only part of the mix that was changed”.

The cause and effect are clear. Package-based advertising should be banned.

In earlier contributions to the debate, reference was made to some types of packaging. One example was Vogue cigarettes. The packet looks like a lipstick container or a perfume product. It is intended to convey the glamour of smoking, about which the hon. Member for Hornchurch and Upminster (Dame Angela Watkinson) spoke earlier.

I have a question for the Minister, which she might be able to address in her contribution later. It concerns the World Health Organisation’s framework convention on tobacco control. I understand that the UK plans to sign the protocol on the elimination of illicit trade in tobacco products. The protocol makes it clear that arrangements for tracking and tracing tobacco products should be independent of the tobacco industry. In other words, the industry should not be allowed to self-police. Does the Minister agree that the EU draft revision of the EU tobacco products directive should give full effect to the World Health Organisation protocol to ensure independence of action for our enforcement agencies in dealing with the illicit trade?

I welcome the Minister’s remark at Health questions a week ago that she was examining the issue “very carefully”. However, having already considered the evidence, her predecessor made it clear in the House and elsewhere that she supports the measure, as does my hon. Friend the Minister of State, Department of Health. Why do we still have to wait for the Australian scheme to be tested further? We know after the first 11 months that it has been bedding in well. As we have heard already, it is having a material effect on consumer behaviour. Consumers are reporting that they think the same product tastes different. The same product is less attractive. Standardised packaging is affecting behaviour, which is a key element of this drive.

There is clear and sustained public support for standardised packaging. National polls show that two thirds of the public want to see the Government act on this agenda. When my local paper, the Sutton Guardian, ran a poll recently, it found that 80% of those who took part in that poll backed standardised packaging. Other nations in the United Kingdom are choosing to act. Other nations in Europe are choosing to act. The evidence is mounting, as is the death toll and as is the recruitment of children and young people to this pernicious habit. May we now see action? May we have something that children and young people deserve—this Government and this Parliament acting to protect them from the harm of smoking? Standardisation of packaging is the next step in effective tobacco control and I hope the Government will take that step soon.

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Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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A lot of the points I was going to make have already been made, but I will start by saying that I absolutely support anything that is proven to reduce smoking. On that evidence-based test, I am delighted to congratulate the schools in my constituency of Rossendale and Darwen that have made fantastic progress on reducing the number of young people who take up smoking. Nationally, there is a good-news story to tell about the fall in the number of people who smoke and who take up smoking. The number is less than 20% of adults for the first time since records began, and there have been continued falls in the number of young people ever taking up smoking.

Many of us have had experience of cancer. Members, including my hon. Friend the Member for Harrow East (Bob Blackman), whom I congratulate on securing this debate, have spoken movingly about their own family experience with cancer. It is a horrendous disease and that is why I am growing a moustache for Movember.

I think that lots of people who smoke are realistic about the risks. There cannot be many of them who do not know that smoking has a direct link to cancer and that it ends lives more quickly than may otherwise be the case. Some 12 million people still exercise their free choice to smoke cigarettes, however.

Many of the Members who are in favour of plain packaging have said that it will be a next step, but what they really mean is that it will be the next step on the road to banning smoking. Let us not beat about the tobacco bush: if people want to ban smoking—a legitimate habit of 12 million people in this country—let us have a debate about it. Some have spoken about taking incremental steps towards banning smoking in cars. I was tempted to intervene on the hon. Member for Stockton North (Alex Cunningham) to ask how such a ban could be enforced, but I invite him to tell me now.

Alex Cunningham Portrait Alex Cunningham
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Nobody wanted to wear seat belts when legislation was introduced, but the vast majority of people started to do so. I think that about 90% now do so. I believe that people would adhere to a law if we introduced it. If not, we would need just a few cases in court and I am sure it would then start to happen.

Jake Berry Portrait Jake Berry
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I guess that the reason why people wear seat belts is that it is a criminal offence not to do so. If the hon. Gentleman is suggesting that smoking in cars should be made a criminal offence, that just reinforces my point about the desire of certain people on the other side of the debate to ban smoking. If that is what people want, we should have an active debate about it and give people who smoke legitimately an opportunity to have their say.

During this Parliament alone, the Government have increased NHS funding by £12 billion, given people access to the cancer drug fund and protected public spending with regard to local authority public health budgets. That is good progress and I am proud to be part of a Government delivering it. Limits on the display of tobacco products have also recently been introduced in larger stores. Anyone who has been to a supermarket recently will have seen the white signs that slide backwards and forwards to disguise tobacco products, and they will be introduced in smaller retailers in 2015. I support that and think it is a good thing.

The ban on vending machines in pubs is particularly good. I started smoking by buying cigarettes by the men’s loo in a pub in Liverpool, where I was brought up. It is the easiest way to buy cigarettes under age, so I am delighted with and support the ban. The way in which the Government have continued to increase the tax on cigarettes has also been good. I think that making them more expensive discourages people from taking up smoking. I support all that action, but such action must be based on benefits.

Kevin Barron Portrait Mr Barron
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I started on my anti-tobacco crusade 20 years ago this year when I promoted a private Member’s Bill. In all that time, the only person I have heard say that if tobacco was discovered now it would be banned was the then Conservative Secretary of State for Health, who now sits in the other place. As far as I know, it has never been part of the anti-tobacco campaign in this country to say that we want to ban people from smoking. What we want to do is prevent them from starting and save lives.

Jake Berry Portrait Jake Berry
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I think it is right to say that if tobacco was discovered today it probably would be banned. I also think that if alcohol was discovered today it probably would be banned. That does not mean that we should seek to do so.

I am very pleased with the progress the Government have made. The evidence shows that we have reduced to a record low the number of people who smoke, but there are still things left on the to-do list. First and foremost, we need to look at the evidence from Australia. If it demonstrates that plain packaging has reduced the amount that people smoke, we should take it up and I would not oppose it. I do not accept, however, that that has yet been proven. Part of being in this House, in government or in opposition is to have an evidence-based debate about outcomes. I do not think that we have the evidence or that the outcome will be a reduction in the amount that people smoke. We also do not yet know the impact of disguising packages in supermarkets, which may have the effect we seek without increasing the regulation on the tobacco industry.

We need much more rigorous enforcement against under-age sales. It is illegal to buy cigarettes under the age of 18. People under that age can have consensual sex and they can go to Afghanistan to fight in the Army, and the Opposition and the Liberal Democrats think that they should have the right to vote, but they are not allowed to buy cigarettes. We should have much more rigorous enforcement of the existing laws against selling cigarettes to under-18s, rather than rush to introduce new laws on plain packaging and banning smoking in cars.

Alex Cunningham Portrait Alex Cunningham
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Will the hon. Gentleman give way?

Jake Berry Portrait Jake Berry
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No, I will not.

The European Union has recently legislated on banning 10-cigarette packs and menthol cigarettes. I do not support the ban of 10-cigarette packs. People who smoke often purchase a packet of 10 cigarettes as a way of rationing themselves, and people who are trying to cut down on smoking will also buy them. I understand that this is about increasing the price of the first packet of cigarettes that someone buys, but making people buy 20 cigarettes at a time will increase the amount they smoke and encourage them to smoke more. That will be the unintended consequence of what is probably a well-intended piece of EU legislation and I am disappointed that the Government supported it.

Legislation banning menthol cigarettes also went through the European Parliament just a few weeks ago. I do not understand why the hundreds of thousands—millions even—of people in this country who smoke menthol cigarettes should have them taken away from them. People have to be able to make their own decisions. If they want to smoke normal or menthol cigarettes, they should be free to do so.

This House also needs to give much more attention to legislation with regard to electronic cigarettes. I do not smoke normal cigarettes. Having moved on to electronic cigarettes as a way of giving up, I know that they can be a hugely positive medicinal aid if someone is desperate to give up smoking. To talk about cigarettes as they are today is to talk about old technology. Within the next year or 18 months, in the United States of America more fluid for electronic cigarettes is likely to be sold than traditional cigarettes. It is a large, unregulated industry. We need to get a handle on it and an overview of it and scrutinise its potential benefits or, indeed, dangers. We need to start considering legislation with regard to electronic cigarettes and try to prevent young people from taking them up.

I know from experience in my local pub, the Robin Hood in Helmshore in my constituency, that more people are starting to smoke electronic cigarettes because they can do so while standing at the bar. Young people are starting to smoke them because they can get champagne, truffle, cherry and bubble gum flavours. We need to debate this important development in order to have some sort of control and to protect young people from, to be frank, the inappropriate glamorisation of the electronic cigarette.

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Luciana Berger Portrait Luciana Berger
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I thank my hon. Friend for that important intervention. The figures that came out just the other week do show a drop in the number of people who are quitting smoking through NHS services. I am very concerned about that. As I said at the start of my contribution, 200,000 young people still take up smoking every year. That is exactly what we are seeking to address in this debate.

We have reflected a lot on the Australian experience. The former Australian Health Minister, Tanya Plibersek, reported that there was a

“flood of calls…in the days after the introduction of plain packaging accusing the Government of changing the taste of cigarettes.”

She went on to say:

“Of course there was no reformulation of the product. It was just that people being confronted with the ugly packaging made the psychological leap to disgusting taste.”

That is a significant point. Far from there being no evidence, there is a swathe of evidence.

The second claim raised during our debate is that standardised packaging would increase the trade in counterfeit cigarettes, or impact on the printing trade. Again, it is important to clarify that we are talking about standardised packaging. I have heard hon. Members use the term “plain packaging”, but we are not discussing that. I know I am not allowed to demonstrate this at the Dispatch Box, Madam Deputy Speaker, but standardised packaging is clearly printed; it is not a plain pack. Current packaging is already so easy to forge that covert markings enable enforcement officials to identify counterfeit cigarettes, and all key security features on existing packets would continue on standardised packets. Standardised packaging would make pictorial warnings more prominent and packaging harder to forge.

We heard in an important contribution that standardised packaging might lead to an increase in illicit trade, but that is simply not true. Andrew Leggett, deputy director for tobacco and alcohol strategy at Her Majesty’s Revenue and Customs, stated in oral evidence to the House of Lords European Union sub-Committee on Wednesday 24 July:

“There are a number of potential factors that weigh on counterfeit packaging”,

but that if standardised packaging was introduced, it was

“very doubtful that it would have a material effect.”

Jake Berry Portrait Jake Berry
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I thank the hon. Lady for giving way to give her a chance to find her place. Does she acknowledge that the Government’s current policy on standardised or plain packaging is exactly the same as it was under the previous Government?

Luciana Berger Portrait Luciana Berger
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I thank the hon. Gentleman for his intervention but more than three years have passed since that point. I am immensely proud of everything the Labour Government did through their tobacco strategy to reduce smoking. We heard from my hon. Friend the Member for Barnsley Central about the many measures we introduced, but we must do more and go further, and in my concluding remarks I will say why I am disappointed with the Government’s current approach.

The third claim I want to counter is that the proposed changes to tobacco packaging are somehow a symptom of the nanny state. People should, of course, be allowed to make their own decisions, but we should not be standing by while industry sets honey traps and uses every means at its disposal to try to make those decisions for them. Nearly all new smokers are children, we are dealing with an addictive product that is clinically proven to kill, and smoking rates are higher among the most vulnerable groups in our society, particularly children in residential care. That is why today’s debate is so important.

I will conclude with my most important point, which is why we cannot afford to delay. The Minister has previously made it clear that the Government’s position is to wait and see. Her predecessor did the same, despite saying that she personally had been persuaded of the case for standardised packaging a few months previously. Just today, about 570 children across the country, none of them older than 15, will have their first cigarette, and approximately 71 will have done so while we have been debating this subject. If we wait and see, we will be standing idly by while hundreds of thousands of young people become victim to this deadly addiction.

The Opposition have made their position clear. If the Government wish to bring forward legislation to make standardised packaging a reality, they can count on our full support. That was our position before the Government changed their mind about this issue in July, and it is our position now. The Children and Families Bill is making its way through the other place. Labour has tabled an amendment to that Bill to introduce standardised packaging that will be debated in the coming weeks and voted on later this year. That simple measure would make a huge difference and is clearly supported by Members on all sides of the House. On behalf of those 71 children who have started smoking during this debate, and the 200,000 who will start every year, I urge the Minister and her Government colleagues to do the right thing and support our amendment. Let us save future generations from the perils of smoking.

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Jane Ellison Portrait Jane Ellison
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That is something that I will look at carefully, but I point out to the hon. Lady that obviously this issue now falls under the remit of Public Health England. It will be on my agenda for the next meeting with the chief executive, and I will write to her after I have had that discussion, if that would be helpful.

Jake Berry Portrait Jake Berry
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Does the Minister think that there is any connection between a record low number of people smoking and relatively few people contacting the quitting helpline? Does she think that we might be down to the core of people who actually choose to smoke and do not want to give up?

Jane Ellison Portrait Jane Ellison
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I hope that my hon. Friend will forgive me, but after four weeks in this job, I do not know that. I am not prepared to speculate on such an important issue, but I am happy to come back to him with more detail when we have given it further consideration.

Through Public Health England, we will continue to run national marketing campaigns, such as the hard-hitting health harms “Mutation” campaign, in the new year. I am sure that no one who saw that can forget the images in the campaign, which reminded smokers about the physical damage caused by smoking. We have just finished Stoptober—we have now moved on to Movember—a new approach launched in 2012 challenging smokers to stop for 28 days, all at the same time. We know that that can be a key turning point if people want to quit for ever.

The Government will continue to play their part. To discourage smoking, we have some of the highest-priced tobacco in Europe and we will carry on with our high tax policy. That is coupled with an effective strategy, led by HMRC, to reduce the illicit tobacco trade, which has been mentioned in the debate. However, we must not forget the great progress that has been made. As I said, fewer than 20% of adults in England now smoke, compared with 39% in 1980. However, we want that number to fall, and there is no room for complacency.

On standardised packaging and illicit tobacco, some 21% of the UK’s cigarette market was illicit in 2000. Latest estimates from HMRC for 2012-13 suggest that that proportion has dropped to around 9%. Enforcement is having a real impact on illicit tobacco and we want to see the figure fall still further. The Government, working with other interested parties, are trying to drive down the size of the illicit tobacco market through improved enforcement and reducing opportunities for fraud. I am grateful to those hon. Members who have made the point that if we were to adopt standardised packaging, it would not mean plain packaging. Approaches such as anti-smuggling devices could be built into standardised packaging, if we choose to go down that route.

A few hon. Members were concerned about the possible impact of the policy on jobs. Obviously, the Government need to consider all aspects of the policy, including any impact on employment, alongside possible health benefits. Others made a point about small retailers, and some might have been present for a recent late-night Adjournment debate to which I responded that was led by the hon. Member for Solihull (Lorely Burt), who is not in the Chamber. She made some very interesting points, especially by citing evidence from a small retailer who told her that tobacco constituted 14% of his profits, but 50% of his turnover, and who was actively trying to diversify his business into areas that yielded greater profit.

I want to place on record our position on tobacco industry lobbying, which several Members mentioned. We are well aware that the tobacco industry opposes the introduction of standardised packaging, as has been the case on many other tobacco control policies, and we are equally aware of our commitment to protect public health policy on tobacco control from the commercial and other vested interests of the tobacco industry. We encourage tobacco companies to respond in writing to consultations so that we can understand and take account of their views about the implications of policy options. Members will fully appreciate why we have to take such steps properly to inform a robust public policy in this area.

The right hon. Member for Sutton and Cheam (Paul Burstow)—he is not in the Chamber, but I know he had a long-standing previous engagement—made a point about the proposed tracking and tracing scheme in the EU directive that is under negotiation. We are considering those details, particularly in the light of our obligations under the framework convention on tobacco control, to which reference has been made.

I reiterate that this policy is under active consideration, but I want hon. Members to reflect on what else we can do.

Immigrants (NHS Treatment)

Jake Berry Excerpts
Monday 25th March 2013

(11 years, 8 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jeremy Hunt Portrait Mr Hunt
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The right hon. Gentleman will have to raise the matter of the actual number of people coming to the UK with the Home Secretary or, indeed, the Minister for Immigration.

The right hon. Gentleman is right to say that the issues that we are dealing with are not just about foreign nationals from outside the EU or the European economic area. The rules for EEA members are complex. If people come here to work, we have an obligation under EU law to allow them access to free treatment, but if they are economically inactive or if they are temporary visitors, we should be able to reclaim the cost of that treatment from their home country in the EEA. The fact is that we do that very poorly indeed at the moment and that is one of the things we need to change.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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I particularly welcome the linking of visas to health insurance, but will my right hon. Friend explain what will happen if someone who is already in the UK is asked to pay but simply cannot? Will they be refused treatment?

Jeremy Hunt Portrait Mr Hunt
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No one will be refused treatment in a life or death situation. It is important that we state that up front. However, we also want to remove any expectation that people who are not entitled to NHS care are able to come to the UK and get it, and to ask whether we should be giving free NHS care to people such as foreign students who come to the UK and get it. If they went to Australia or America—our two main competitor countries—they would have to take out health insurance or pay a levy to access the local health care system. If those countries do that, I think we should do the same.

Business of the House

Jake Berry Excerpts
Thursday 6th September 2012

(12 years, 2 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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I am grateful for the hon. Lady’s kind words. I was pleased that in my first announcements on the business of the House I was able to include not only the pre-recess Adjournment debate but a day for the Backbench Business Committee which is not a Thursday. I want to follow what my predecessor achieved in improving the opportunities for debates for Back-Bench Members and in bringing a sense to this House of being a forum for the nation on issues of importance. I hope that we will continue to do that.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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For more than 100 years the Bacup and Britannia Coco-nutters have been dancing the boundaries of Bacup on Easter weekend. May we have a statement about the cost of road closure orders, as the Coco-nutters face the prospect of not being able to dance this Easter because it will cost £1,000 to close the road? It is endangering our morris dancing tradition.

Lord Lansley Portrait Mr Lansley
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I am grateful to my hon. Friend for giving me an early opportunity to understand the encyclopaedic nature of business questions. The limits of my knowledge I have always been aware of, and it does not extend to morris dancing. I will draw the point that he raises on behalf of his constituents to the attention of my colleagues at the Department for Communities and Local Government, and ask them to respond to it.

Southern Cross Healthcare

Jake Berry Excerpts
Thursday 16th June 2011

(13 years, 5 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Paul Burstow Portrait Paul Burstow
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I entirely understand why the right hon. Gentleman wants to press for further details about what would happen in the hypothetical circumstances that he is keen to explore. However, given the nature of the commercial discussions that are going on at the moment, to give credibility to hypothetical situations is to create the possibility of their becoming a reality. I do not want that to happen.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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The previous Government’s failure to regulate the banks led to a crisis in that sector. Is the national disgrace of Southern Cross, to which Members of all parties have referred, caused by a similar dereliction of duty through their failure to regulate the care sector?

Paul Burstow Portrait Paul Burstow
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I am entirely focused on ensuring, through the facilities and offices of the Government, that all the parties involved are clear about their responsibilities, which they are, and that they understand the reputational damage to them if they do not do what they must, which is to ensure a timely, thorough and effective restructuring of the business that secures the continuity of care for residents.