Cities and Local Government Devolution Bill [Lords]

Kevin Foster Excerpts

Tuesday 17th November 2015 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

New clause 31 stands in my name and that of my hon. Friend the Member for Totnes (Dr Wollaston). It concerns the Government’s intent to devolve more powers to local representatives, but proposes pushing the boat out a little further into terrain that, nationally, we have been a little bit tentative about. Devolved powers are allowed to make a decision on Sunday trading. Whether local areas should be able to decide on Sunday trading, and other such issues, is a debate for another day—or, hopefully, not at all.

New clause 31 concerns the minimum unit pricing of alcohol. At one point, the Government and the Prime Minister took the view that the case had been made back in 2008 by the Department of Health. Such pricing would assist directly in tackling health harms relating to the excessive use of alcohol. At that time, the Government were consulting not on whether, but how much. However, the ups and downs of coalition government and other concerns, not least from those on the Government Benches, led to the measure not seeing the light of day. This is an excellent opportunity to bring it back to the light. We can allow local authorities to have the power to set a minimum unit price for alcohol sold within their areas.

As has been said, local authorities already have some degree of power to set a price under the licensing regime. I understand that in Newcastle two bars have become the first in the United Kingdom to be licensed to sell alcohol at a minimum price in excess of £1 a unit. I am not sure how popular those bars will be, not least because I am now publicising them, but that is part of the licensing regime in Newcastle. The bars have been licensed subject to a condition that alcohol is sold at set prices that equate to a minimum price of £1.25 per unit of alcohol—nearly three times the 45p per unit price that was subject to the Government consultation.

My understanding is that that price was agreed to keep the street as the city’s premier street. This initiative by the city council, with the full co-operation of the applicants, is designed to maintain the quality of the city centre, control crime and disorder, and improve health. It seeks to end the availability of irresponsibly priced alcohol by controlling multi-buy promotions that lead to irresponsible drinking. That is the approach being followed, in a somewhat limited way, by Newcastle. I understand that Ipswich also had a licensing and prices regime to tackle the impact of excessive alcohol, in particular in relation to super-strength ciders and lagers.

The Bill seeks to reduce the bureaucracy that gets in the way of empowering local areas to do what should be reasonable: to help to have a significant impact on the health harms affecting their local area.

[Kevin Foster (Torbay) (Con)]

I am interested to hear my hon. Friend’s speech. One of the main problems in my constituency is people preloading with alcohol: buying from a supermarket, drinking it at home and then going out for an evening. He talks about premium prices applying to bars. How would his suggestion work if I could drive literally just a couple of miles down the road to a supermarket, buy my alcohol, come back and drink it at home?

[Mr Burrowes]

My hon. Friend makes a good point, and I hope he will support me in calling on the Government to set a national minimum unit price to avoid that precise problem.

The argument has been made, in respect of Sunday trading and other issues, that if we let local areas decide, we might get a domino effect, but I would welcome it if areas without minimum unit pricing, for example, quickly realised that they needed to deal with the problem. These sorts of powers inevitably have a domino effect. It must be the intent of devolution to spread these powers around. The Government say they are keen to devolve such powers in a wide variety of areas. Given that there is real evidence—much more evidence, frankly, than on Sunday trading—of health benefits from minimum unit pricing, why not give local areas the power to decide for themselves?

[Kevin Foster]

Might not one slight problem be the potential incentive to do it the other way around, meaning that the one place without a minimum alcohol price ends up with lots of supermarkets looking to locate within it?

[Mr Burrowes]

My hon. Friend makes a good point, but the sad reality is that in all our communities we have an increasing problem with excessive alcohol consumption, and it is affecting all our local accident and emergency departments and health services. Evidence shows that minimum unit pricing tackles the problem drinkers on our streets who do not travel far to areas with cheaper alcohol. It has a particular impact on problem drinkers. It is not the only way of dealing with excessive alcohol drinking, but it is a particularly good one.

My proposal would tackle the problem of bureaucracy and red tape facing local areas going through the licensing regime and applying for permission from the Secretary of State to set a minimum alcohol price. This is unnecessary and unwelcome. The Government have said they want to remove red tape and regulation. Why not do so when it comes to setting minimum unit prices? I might be pre-empting the Minister, but he might say, “Sorry, we can’t do this because it’s not lawful. Scotland, which has devolved responsibility in this area, has tried minimum pricing, and it is being challenged in the courts.” I can assure him, however, that we need not worry about the legal issues in Scotland, because, as Aidan Robertson, a leading Queen’s counsel, said in response to the legal challenge, there

“are no valid grounds in EU law for resisting Minimum Unit Pricing”.

He continued:

“It is a matter of considerable regret”—

I agree—

“that implementation of the Scottish legislation has been held up by legal challenges from the drinks industry… The questions referred to the Court of Justice European Union do not…disclose any ground under EU law on which the validity of the legislation may be impugned. Minimum unit pricing for alcohol ought to be permitted as an innovative attempt to tackle a serious health and social problem facing Scotland.”

Scotland should not be alone in benefiting from this; minimum unit pricing is something for England, Wales and other devolved areas. Areas with elected Mayors should also have the power to introduce minimum unit pricing. I would be interested to hear whether the Opposition support the new clause, given that, as I understand it, minimum unit pricing was in their manifesto.

There is evidence, not least from Sheffield University, that setting the minimum price at 50p per unit could save up to 50,000 people from illness in a decade. We cannot ignore the evidence: we are all aware from our constituencies of the impact on individuals of excessive alcohol consumption. This issue is not going away. I implore the Government to seize this matter, to reconsider a national minimum unit price and to reactivate the consultation, which has been kicked into the long grass. In the meantime, perhaps they can look at what happens in local areas and establish a testing ground in areas under the governance of elected Mayors, instead of just relying on Scotland. That makes sense and the time has come. If the Government cannot see that the time has come, let local authorities be set free to get on with it.