Leaving the EU: Tobacco Products and Public Health

Jim Shannon Excerpts

Monday 7th January 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

Happy new year, Mr Deputy Speaker.

I beg to move,

That the draft Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018, which were laid before this House on 1 November, be approved.

Smoking causes 78,000 deaths a year in England, accounting for 16% of all deaths annually. The United Kingdom is a global leader in tobacco control and the Government are committed to ensuring that we remain so after we leave the European Union. As hon. Members know, the Government have negotiated a deal with the EU and are in the process of taking it through Parliament. As has been much discussed, the deal is designed to secure a smooth and orderly exit from the EU. At the same time, it is of course the job of a responsible Government—I am pleased to say that the shadow Leader of the House is listening intently—to prepare for all possible scenarios. We are committed to ensuring that our legislation and policy function effectively in the event of no deal. It is for this scenario that these regulations have been laid. If the UK reaches a deal with the EU, the Department will revoke or amend this instrument to reflect that agreement.

This instrument will ensure that the UK domestic legislation that implements the two main pieces of EU tobacco legislation—the tobacco products directive and the tobacco advertising directive—continue to function effectively after exit day at the end of March. The instrument also amends and revokes some EU tertiary legislation that will no longer apply to the UK after our withdrawal. The amendments and revocations are being made under the European Union (Withdrawal) Act 2018 and are necessary in order to correct deficiencies in the UK and EU legislation in the event of no deal. The primary purpose of this instrument is to ensure that tobacco control legislation continues to function effectively after exit day. These proposed amendments are critical to ensure that there is minimal disruption to tobacco control if we do not reach a deal with the European Union.

This instrument introduces three main changes. First, in the event of no deal, the UK will need to develop its own domestic notification systems for companies that wish to sell tobacco products and e-cigarettes on the UK market. The notification process is essential for ensuring that companies are complying with legislation on product standards. Public Health England and the Medicines and Healthcare Products Regulatory Agency have already commenced work to ensure that domestic notification systems are in place and functional by exit day.

Secondly, in the event of no deal, the UK will not hold copyright to the EU library of picture warnings for tobacco products. Requiring the industry to continue to use these pictures would breach copyright law. Picture warnings are a key part of tobacco control, and it is therefore extremely important that we continue to require the inclusion of graphic picture warnings on tobacco products. The UK has therefore recently signed an agreement with the Australian Government to obtain their picture warnings free of cost—who knew, Madam Deputy Speaker? This agreement covers all copyright issues. I am very grateful to the Australian Government for their assistance in this matter. Action on Smoking and Health supports the proposals on notification systems and on the picture warnings as

“pragmatic and practical, minimising the amount of additional work involved if there were to be a no deal Brexit.”

Thirdly, this instrument proposes a transfer of powers. Currently, the Commission holds a range of powers under the tobacco products directive that enable it to respond to emerging threats, changing safety and quality standards, and technological advances. This instrument transfers these powers from the Commission to the Secretary of State. It should be noted that all powers in this category relate to technical, scientific and administrative adjustments that may be necessary to respond to changing circumstances in this space.

This instrument will have some impact on the tobacco and e-cigarette industry—there is no getting away from that. My Department ran a short technical consultation in October to seek feedback on the practical issues that will affect the industry in a no-deal situation. It focused on picture warnings and the notification process that I have outlined. We received 32 responses and have welcomed practical feedback on the issues highlighted in the consultation. Tobacco control stakeholders expressed support for the continued use of picture warnings as an effective way of stopping people smoking. They also showed support for the proposals to amend the notification system for e-cigarette and tobacco products as a means of harm reduction. The tobacco industry raised concerns around the timing of implementation and cost, primarily in relation to the changes to picture warnings. The Department has consulted with external experts who confirmed that the timescale for industry to implement these changes would be difficult but certainly manageable. To support industry with these changes, the Department intends to publish detailed guidance later this month.

Let me say a word on the devolved Administrations. It is important to note that the DAs have provided their consent for the elements of the instrument that are considered to be devolved. Furthermore, we have engaged positively with them throughout the development of this instrument. This ongoing engagement has been warmly welcomed. I want to place that on the record for our friends in the devolved Administrations.

In conclusion—

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[Steve Brine]

In conclusion, Madam Deputy Speaker, taking my lead from your look—Members will have a chance to contribute—this instrument constitutes a necessary measure to ensure that our tobacco control regulations continue to work effectively after exit day. I should, however, emphasise that, due to the instrument being made under the withdrawal Act, the scope of the amendments in the instrument is limited to achieving that objective. Therefore, at an appropriate point in the future, the Department will review where the UK’s exit from the EU offers us opportunities to reappraise current regulation to ensure that we continue to protect the nation’s health. That is timely on this day of all days, when we have published our long-term plan.

I urge Members to support the instrument, to ensure the continuation of effective tobacco control and harm reduction. I commend the regulations to the House.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

I will be succinct, Madam Deputy Speaker. I just have a couple of quick questions for the Minister, but first let me say that I welcome the regulations.

Before recess, I asked the Minister a number of questions that came from the tobacco sector itself. Has he had any contact with the sector to seek its opinion on proposed legislation to ensure that what is put forward reflects its point of view?

The Minister referred to the devolved Administrations. I am ever mindful of the current situation in Northern Ireland, which I hope will change. We have a non-functioning Assembly, which means that the responsibility for the administration of legislation falls on the permanent secretary and civil servants. Will that be done through a statutory instrument, so that the permanent secretary can make a decision? Legislation passed in this place last year on the Northern Ireland Assembly gives the permanent secretary the authority to make a legislative change. I just want to be sure about how that will work in Northern Ireland.

Madam Deputy Speaker, those are my succinct comments.