Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011

Lord Faulkner of Worcester Excerpts

Monday 11th July 2011 Lords Chamber

[Lord Rennard]

My Lords, I begin by declaring an interest. It is a non-financial interest, in that I am an unpaid trustee and director of the charity Action on Smoking and Health. In terms of interest, I could talk at much greater length about the damage done to me and my family by the tobacco industry. Time does not allow a lot of personal background this evening, but I set out some of the reasons why I am so personally opposed to the promotion of tobacco in the debate on the Bill of my noble friend Lord Clement-Jones on banning tobacco advertising. For noble Lords or others who may be interested, this can be found at col. 1683 of Lords Hansard of 2 November 2001. In two sentences this evening, I simply point out that my mother was a heavy smoker and when she died aged 53 of hypertensive heart disease, smoking was undoubtedly a factor. I was 16 at the time and my brothers and I became orphans, as our father had died some years earlier and smoking may have contributed to his death also.

In spite of this background, however, I am not arguing for a complete ban on a legal activity—even though very few people around now would think that tobacco would be made legal if it was not already a legal product. I am simply against forcing people to suffer the ill effects of other people’s smoking, I am against encouraging anyone—especially young people—to take up smoking and I am in favour of supporting people who have given up and want to give up. In our debates on the Health Bill two or three years ago, there was a genuine debate in the House about the relative merits of different measures to restrict tobacco consumption and promotion. Some noble Lords put the argument for plain paper packaging, others argued for a ban on point of sale advertising, but it seems very clear now that the reaction of the tobacco industry is so vociferously opposed to both measures that they must both be rather effective at reducing consumption.

I was therefore very pleased not very long ago to see the Government’s tobacco control plan. This makes clear the basic commitment to ending tobacco displays and will look further at plain paper packaging, which I hope will follow. The plan makes it plain that there cannot be any responsibility deal with those who make and sell cigarettes. Tobacco seems to be an almost uniquely hazardous product that kills half of the people who use it when they follow the manufacturer’s instructions.

Arguments have been made today about the rights of smokers, but few smokers who I know think that it is right to encourage young people to smoke. Arguments are put forward, directly or indirectly, by the tobacco manufacturers, but these are the same people who denied for decades that there was any link at all between smoking and cancer. Their arguments should have no credibility whatever in these sorts of debates.

Small shopkeepers have been misled. They were told that the display ban would cost them thousands of pounds when in fact the costs would be minimal, perhaps a few hundred pounds. They should also consider that many of their customers might live rather longer if they did not smoke, and that would surely be good for business.

Claims have been made—bogus claims—that tax revenue from tobacco might fall and sales of illicit cigarettes might increase. Common sense tells us that if this were the case, the tobacco manufacturers would not be so bold about these measures. If more tobacco is consumed, they have more profit but less tax is paid. Other measures must be taken to deal with the illicit trade in tobacco. As my noble friend Lady Tyler has pointed out, evidence from other places that have introduced such bans on point-of-sale advertising shows sales falling but at the same time increases in tax revenues and a fall in illicit sales. The evidence that further measures to restrict the promotion of tobacco would be a good thing is clearly shown by the vociferous opposition to it that we have spoken about today.

Earlier today, I heard the Prime Minister, David Cameron, talk about closing the gap in life expectancy between the richest and the poorest in this country. During his campaign to become leader of my party, I heard the Deputy Prime Minister, Nick Clegg, speak frequently and powerfully, particularly about the gap in life expectancy of people in the poorer parts of Sheffield compared to those in the more affluent parts of Sheffield, just a few miles away. These gaps relate to the prevalence of smoking as much as to any other factor, so it must be right that the Government continue to pursue all the measures set out in their tobacco control plan.

[Lord Faulkner of Worcester]

My Lords, I am delighted that my noble friend Lady Thornton has given us this opportunity to debate the tobacco display regulations. This goes over old ground a bit, as a number of noble Lords who are taking part today will recall. I welcome the noble Baroness, Lady Tyler of Enfield, to our discussions; her speech was outstanding, and I hope that we are going to hear from her again on this subject. She said what many of us agree with and believe needs to be said in this debate.

Although we are debating a Motion of Regret, I would quite like to give the Government a pat on the back for their tobacco control policy. It is a pity that the noble Earl does not have any Conservative supporters behind him supporting the policy. His support is coming from the Liberal Democrat Benches, the Cross Benches and this side of the House, and it would be nice if some of the Conservative supporters of the policy were there too. The Government are sticking pretty closely to the policy of the previous Administration in their approach to the dangers of smoking and in their dealings with the tobacco industry and its lobbyists.

Like my noble friend, I believe that the Government are wrong to delay the introduction of the point-of-sale regulations, not least because there is huge public support for measures designed to make it more difficult for young people and children to start smoking. I remind noble Lords that over 50,000 people signed Cancer Research UK’s “Out of Sight, Out of Mind” petition in support of these regulations, and that over 80 per cent of the 96,000 responses to the Department of Health consultation also supported them.

I commend the determination of the Secretary of State to do something that I wish our Government had done but which they shied away from—the introduction of plain packaging for cigarettes. It is no great secret that that was scuppered under the previous Administration at the insistence of the Department for Business, Innovation and Skills. I remember, too, that BIS was not very keen on these point-of-sale measures either. It is good that the Government are pressing on with these because they will have a significant effect on tobacco consumption and particularly on the appeal of tobacco to young people.

I also congratulate the Government on winning a series of legal battles against Imperial Tobacco over the ban on cigarette vending machines. That was another tobacco control measure introduced by the previous Government. It too is important because it will make it significantly harder for children and young people to buy cigarettes.

They have also done the right thing in reaffirming their support for the World Health Organisation’s framework convention on tobacco control. I remind your Lordships of the Written Answer in the other place on 16 June by Anne Milton, the noble Earl’s colleague and Minister for Public Health. She said:

“The FCTC places obligations on parties to protect the development of public health policy from the vested interests of the tobacco industry. We have made our commitment to this very clear in Chapter 10 of ‘Healthy Lives, Healthy People: a Tobacco Control Plan for England’”.—[Official Report, Commons, 16/6/11; col. 916W.]

This means that Ministers should not meet representatives of the tobacco industry. I suggest that it is pretty unwise of them to accept hospitality from it as well.

This is not a lawful product like any other. This, as the noble Lord, Lord Rennard, said, is a product that kills if it is used exactly as the manufacturer recommends. It is different from alcohol or chocolate or other fattening foods. Tobacco is a killer when used properly, which makes it quite different from all those other products. That is why the Government are right to say that they will not deal with the tobacco industry when framing health policies related to tobacco.

This debate comes just after the fourth anniversary of the smoke-free legislation that came into effect in England. I am pleased that my noble friend Lord Borrie supported it. It was undoubtedly the most important contribution to public health since the Clean Air Act of the 1950s. Such progress is being achieved against a background of consistently strong support from the public and almost total compliance and acceptance by businesses. Despite this, as we have heard from other noble Lords this evening, the tobacco industry still refuses to accept that the party is over. We have all been on the receiving end of a campaign of misinformation, based on lies and fear, that it has funded and orchestrated. The industry’s aim, which it admits in documents that have been lodged in the United States, is to throw sand in the gears of regulatory reform wherever it can. One of the ways that it does this is by covertly funding front organisations, covering up its involvement where it can.

For example, the industry is behind the Save our Pubs and Clubs campaign, which seeks to link the decline in the number of pubs to the smoke-free legislation. When your Lordships receive letters from this organisation, bear in mind that it is funded by Japan Tobacco International and FOREST, perhaps the most mendacious lobby group of all in this area. As we have heard this evening, the industry has also attempted to conceal its involvement in the retail newsagents’ lobbying campaign against the proposed point of sale restrictions. To begin with, British American Tobacco denied that it was doing it. On 27 April, the Guardian carried a report in which a spokeswoman for BAT said:

“To accuse us of underhand tactics and the funding of an independent retailer organisation … via a PR agency that we use solely for work related to the European wide problem of tobacco smuggling, is untrue”.

One day later, on 28 April, a second report appeared in the Guardian under the headline:

“British American Tobacco admits funding campaign against display ban”.

This revelation that the campaign was funded by BAT is significant. Under the international guidelines to which I referred earlier, the United Kingdom Government are obliged to ensure the drafting of all legislation is free from the influence of the tobacco industry.

We have heard of research from Ireland that shows that the implementation of these measures there has not harmed small businesses. It also shows that tobacco point-of-sale displays influence young people’s perception of smoking as a normal, adult activity. We know that the majority of people start smoking before the age of 19. Therefore, it is crucial that we do all in our power to ensure that young people do not see smoking as cool or a social norm. It is a pity that these regulations have been delayed, but I strongly support what the Government are doing elsewhere on tobacco control policy, and I hope that they will press on with it.