Deregulation Bill

Lord Brooke of Alverthorpe Excerpts

Tuesday 3rd February 2015 Lords Chamber

Moved by

[Lord Brooke of Alverthorpe]

23: Schedule 17, page 187, line 25, at end insert—
“(5A) The alcohol must be sold for no less than fifty pence per unit.”

[Lord Brooke of Alverthorpe (Lab)]

My Lords, I shall speak also to Amendments 24, 25 and 26. I start by expressing my gratitude to a range of people and organisations who have been in touch with me since I spoke to a series of amendments in Committee, and my thanks to those who have put their name to these amendments today, particularly the noble Baroness, Lady Finlay, who managed to fly here from abroad to speak in this debate. The people who put their names down represent a substantial concerned body of health interests who are convinced that MUP—minimum unit pricing—is needed in England as well as Scotland, where people are trying to press it through. We also hear that the Welsh Government are now embracing and seeking to implement it. Its aim is to minimise alcohol harm to people’s health and harm to the NHS by reducing NHS costs, to cut public disturbances and the cost to the criminal justice system, to reduce domestic violence, to reduce accidents at work and on the roads, and to reduce—this is an important point—the hidden sugar in alcohol, which is quite a big contributor to the major health problem facing us, the growth of obesity in this country, a growth which has taken place significantly under this Government.

The argument for this change was made by the Government in a well produced alcohol strategy that they issued in 2012. Regrettably, when it came to the crunch, the Government ran away from the tough decision. They talk about taking tough decisions, but they have run away from this one, even though there is mounting evidence and support for it on a very wide front. I am particularly pleased that the Church of England is in favour in principle, and I am grateful to the right reverend Prelate the Bishop of Carlisle, who regrettably cannot be with us because of a prior engagement but wished to speak strongly in favour, from the position of one of those who would be affected by this change in legislation.

On the new licensing regime that will cover community and ancillary businesses, I should express a word of gratitude to the Government. Following our debates in Committee, they ran a public consultation—there had not been one previously. In a sense, that was in recognition that this was not a deregulatory change, as I had argued, but a matter for new legislation. I think that this led them to recognise the need for a public consultation in November and December. Had there been a bit more time for that consultation, some of us would have been happy to give the Government some suggestions on how it might have been better run than was the case, but none the less they did it and it would be churlish if I did not express my gratitude to them for it.

One area that some of us—I have in mind other groups here—would have focused on would be establishing a basis for enforcing the scheme. Local government would have liked to have had proper powers to police it and ensure that it is effectively put in place. While the Government have suggested that a certain maximum number of units should be consumed by people participating in such events around the country, quite frankly, as we all know, there is no way in which one could enforce that if they exceed it or even supervise what is happening.

Minimum unit pricing at such events, which would put the cost of a unit of alcohol at a higher level than perhaps would normally be charged, could be seen as a restraining factor to try to limit the amount of drinking taking place—they could be events in communities, charities or in church affairs and so on. I should advise the Government that, if they were prepared to embrace this change, they would be well supported by a number of councils around the country. All 12 councils in the north-east of England want MUP introducing because of the problems which they encounter. They have written to me giving support to the amendments that I am proposing. They range from the councils in Newcastle, Middlesbrough and Durham—the big ones—to which then can be added, moving across to the other side of the country, all the councils in Greater Manchester, Lancashire Council and Leeds Council. Coming further south, Birmingham Council, too, is now pressing for MUP to be introduced because of the problems which it faces in the health service and with disturbances related to the criminal justice system. I understand from the Local Government Association, which has been giving me advice on this matter, that while many other authorities in other parts of the country have not as yet come out in favour of the principle of MUP, they are privately in favour of it and in due course will go on record as saying that they need it soon. These issues need to be taken into account in the context of what I am pressing for tonight.

I have also heard from numerous charities, which will qualify under the CANs for this form of licensing, saying that they would be very happy to be running minimum unit pricing. So we have a group that ranges over local authorities with their links, charities and the Church of England. I have also had conversations with the National Federation of Women’s Institutes, which was much quoted in debates in the Commons on where it stood. It does not have an official policy on MUP, but I guess that in the light of some of the arguments now being advanced by people of like mind on a wide front—the people who were prayed in aid so much in the Commons—the women’s institutes may come on board, too.

As well as upholding the principle of containing the amount of drink that people consume, all such groups see that there would be a benefit for them in having a higher yield from applying minimum unit pricing than perhaps they have had hitherto. They buy cheaper from the supermarkets and then sell at the higher rate there. It is a win-win situation as far as many of them see it, and one of the reasons why—as they are financial beneficiaries as well—they would be glad to see this come into practice.

--- Later in debate ---

[Lord Wallace of Saltaire]

I was not aware that the Government were thinking about lowering the duty.

The Government recognise that the whole issue of alcohol abuse is a very serious one for this country and that it feeds into public order, public health and a whole range of other issues. I travel into Leeds on Saturday nights, and there are many other cities in Yorkshire where, of a Saturday evening, I often wonder whether the younger generation will die of alcohol abuse or hypothermia first, since they wear almost nothing when they go out on to the streets. I do not know how on earth they manage to get drunk and not break their ankles when their shoes are so impractical. That is the sort of problem we face. I recognise, as the noble Baroness, Lady Finlay, remarked, that we have a growing middle-age—or even over-middle-age—problem, but that binge-drinking among the young is one of the problems we have, and it feeds directly into A&E late on Saturday evening. I spent an afternoon with Leeds city police during which all that was made very firmly clear to me.

On the question of selling liquor below cost price, I think we are all aware that supermarkets are the biggest single part of the problem, as they sell loss leaders and cheap alcohol, be that cheap wine or cider below cost price. My answer on this set of amendments to this Bill is that, while I recognise the argument which we all need to have about how best to pursue further the Government’s alcohol strategy, and how we move towards minimum unit pricing, this is not the place to do it. Here, we propose relaxation in two specific small areas. The first is that of small hotels and bed and breakfast accommodation, where we are talking about a nightcap in the evening, which would probably be included in the overall bill—so at that point the question of the price is hard to get at. Then there are events of the sort which I occasionally go to in village barns or community centres, which usually have licences that allow them to sell alcohol only 12 to 15 times a year, when there is a community event. Therefore we are dealing specifically with ancillary sellers and community groups. That is not where alcohol problems come from.

In the part of Yorkshire in which I spend my weekends, there is a great revival of brewing, but of good-quality beer, which is not the sort of thing people get wildly drunk on. On a very cold Saturday last weekend, I asked whether the pub I had gone into had any “winter warmer”—which has a rather higher level of alcohol one can get at this time of year. However, they said, “No, we don’t brew that any longer”, but then offered me a great variety of extremely tasty local 3.5% beers, of which my wife and I consumed a certain amount. That is light years away from the problems that we have with large-scale alcohol abuse. Of course, the third element of alcohol abuse is abuse by those who are mentally disturbed or depressed, which is the Buckie or cheap cider end of the market.

I stress that the Government have not abandoned their alcohol strategy; minimum unit price was only ever part of that strategy. The noble Lord is right to say that the Government are watching the appeal in Scotland and waiting until that has been settled before we move further on minimum unit pricing within England. The Scots Government are themselves awaiting the outcome of the ECJ appeal. As an interim measure, the Government have introduced a ban on selling alcohol again in supermarkets—the biggest single part of the problem—below the cost of duty and VAT combined. Some were selling it as a loss leader below that level. The University of Sheffield has estimated that, in the first year of the ban on sales below duty plus VAT, there will be 100 fewer alcohol-related hospital admissions per year—and, as it got under way, 500 fewer per year, 14 fewer alcohol-related deaths per year, and so on. That is small beer—if noble Lords will excuse me—and a small achievement compared with what minimum alcohol pricing may offer, but it is a small step in what I hope noble Lords will recognise is the right direction.

Alcohol abuse is a real problem for this country. The question of alcohol pricing—in particular of loss-leader pricing—is one which we are much concerned about. This is not a matter for bed and breakfast and community events. It is a matter for city centre clubs at the weekend. It is a very serious matter for supermarkets. That is the direction in which the Government are looking. Therefore, on this particular issue, I cannot give the noble Lord much comfort, because we are dealing here with social drinking of a moderate level. The case where we need to look at minimum unit pricing and alcohol abuse is in a much broader context and in a different context from the average bed and breakfast in Upper Airedale or Upper Wharfedale, which is what we are talking about here—let alone the village barn in Cotterstock, or wherever it may be. For that reason, I am unable to satisfy the noble Lord on this issue.

Nevertheless, I recognise the deep concerns the noble Lord has about the alcohol issue as a whole. I would love to talk further with him about the development of alcoholic sorbets—which, I have to say, I have never yet seen, let alone tasted—and how those are being promoted. As we know, there are also some very serious concerns about the combination of sugar and alcohol in pop drinks for young people, which combines alcohol abuse and the making people obese at the same time. Let us continue to discuss those issues further. Those are the areas on which an alcohol abuse strategy needs to focus—not, I suggest, bed and breakfasts or community barns.

[Lord Brooke of Alverthorpe]

I am grateful to my noble friend Lady Hayter for her helpful words in the debate, and to the noble Baroness, Lady Finlay, who, as ever, is standing up and fighting the just battle that needs to continue to be fought. The Minister, in some respects, talked about movement and shifts towards a change in policy, which is gratifying. He made reference to what some of the Conservative speeches were like in the old days. It is quite interesting that when the Government have a Prime Minister who wants to do an about-turn, both in the Commons and in the Lords they put up Lib Dem Ministers to defend the position. They should reflect on that, given the association of the Lib Dem party with so many of those councils that I mentioned, which are now pressing for this change. But, as noble Lords would expect, I am not surprised that the Minister has declined to accept what I think is a civilised and reasonable offer for them to make a start. The real problem with this change is making the start. I freely concede that it is a precise area in which it would operate, and it may not be the major problem that we would face with alcohol.

The alcohol problems are not solely about Saturday evenings in city centres. They are increasingly prevalent right across the board, particularly with middle-aged people upwards, who are precisely some of the people who go to these community events—that is, recently retired people in their 50s and 60s. These people are now of increasing concern in terms of health issues, as the noble Baroness, Lady Finlay, will confirm. There is a hidden growth in the incidence of diabetes linked to alcohol consumption because nobody knows the amount of sugar contained in the alcohol these people are drinking. No calorie or sugar content is shown on the labels. So far the drinks industry, which this Government support, has managed to avoid having to display that on its labels, yet we have a major obesity problem arising linked to the sugar content of alcohol.

I thought that I made the Minister an offer that was too good to turn down given that a group of people is willing to make a start on tackling this issue. Indeed, they are the kind of people who the Government normally worry about penalising when they decide to do an about-turn. They are the people running these organisations, particularly the community events—not so much bed and breakfast—who were prepared to embrace this change and see whether they could make it work. They would be happy to support it in principle and would benefit from it. I am sorry that the Government have not recognised the benefit of making a start on this issue. I will reflect on the Minister’s comments in Hansard and, following consultation with others, we will decide how we proceed at the next stage. I beg leave to withdraw the amendment.

Amendment 23 withdrawn.