Children and Families Bill

Lord Faulkner of Worcester Excerpts

Monday 18th November 2013 Grand Committee

[Lord Faulkner of Worcester (Lab)]

My Lords, it will not escape the Committee’s notice that Amendments 263 and 264 are cross-party and Cross-Bench amendments and follow the precedent set by the introduction of smoke-free legislation in 2006, which your Lordships will remember was passed overwhelmingly on a free vote in both Houses of Parliament. Tobacco control should not be a party-political matter but the common concern of everyone who cares about the health and well-being of the public. To prove that point, the House of Commons held an excellent Back-Bench debate on the very issue of standard packaging the week before last, initiated by the Conservative MP for Harrow East, Bob Blackman. The Hansard report is well worth reading, not least because the case for standard packaging was widely supported by speakers in all parties.

The Committee will be aware that earlier this year it appeared that the Government would themselves legislate for standard packaging, as both the then Secretary of State for Health and the Minister for Public Health were convinced of its value as a means of discouraging children and young people from taking up this lethal habit. For reasons which I still do not fully understand, no government Bill has been forthcoming. However, fortunately, with the help of the Public Bill Office—to which I am most grateful—it proved possible to propose a new clause for the Bill on the basis that this is a measure that will improve the health of children and families.

Let us briefly consider the facts about youngsters smoking. First, most smokers start when they are teenagers. Two-thirds of existing smokers report that they started before their 18th birthday, and about two in five before they were 16. That is despite the fact that the direct sale of cigarettes to minors is now unlawful. Using official data, Cancer Research UK statisticians have calculated that, in 2011, more than 200,000 young people under the age of 16 started to smoke. Secondly, the younger the age at which smokers start, the greater the harm is likely to be, because early uptake of the habit is associated with subsequent heavier smoking, higher levels of dependency, a lower chance of quitting and a higher chance of death from smoking-related diseases. Thirdly, smoking rates are higher among poor communities and vulnerable groups.

Critically for this Bill, among the most vulnerable groups are children in care. For example, a 2002 study for the Office for National Statistics of 1,000 looked-after children showed that almost one-third were current smokers. This rose to more than two-thirds for those in residential care, reflecting the greater proportion of older children in these placements. I know that the Minister will agree with me that these figures are shockingly high and that it should be a high priority for the Department of Health to try to reduce them drastically. It is our view and the view, I think, of most experts in the field, all the charities, the BMA and other medical bodies that the introduction of standard packaging for tobacco products will make a real difference and will address the issue of young people smoking.

I could say a great deal more about the behaviour of the tobacco industry and its appalling attempts to frustrate this legislation but I shall reserve that for Report, when I promise the Committee that the issue will be put before the House, which will be given an opportunity to come to a definite decision. I hope very much that it will have the support of all parties in the same way that I will remember it did tonight.

[Baroness Hughes of Stretford]

My Lords, I know that other noble Lords want to speak, but perhaps because my noble friend and I have amendments in this group it might help if I speak to them first and we can get everything on the table.

I shall speak to Amendments 265 and 266, which would make a small but significant amendment to Amendment 264, which was spoken to by my noble friend Lord Faulkner. I also have a great deal of sympathy with Amendment 263. The arguments in favour of standardised packaging for tobacco are now self-evident and hardly need to be rehearsed. Similarly, there are no credible arguments against implementing standard packages for cigarettes that are not just plain but which, as we have seen in some of the briefings, are such that they may deter take-up of smoking and convey in stark terms the dangers of doing so.

The effects of smoking are well known. It is the largest preventable cause of cancer, causes 100,000 deaths a year and is a big factor in heart disease, cardiovascular illnesses, strokes and so on. Despite progress in reducing smoking, one in five adults still smokes. My noble friend Lord Faulkner has just reminded us of the fact that it is often in childhood and teenage years that people take up smoking; a significant number of youngsters aged between 11 and 15—an estimated 200,000, as he said—take up smoking. It is therefore a significant issue, and the more young people we can deter from taking up smoking in the first place and becoming lifelong addicts the better. We have to take seriously anything that makes smoking less attractive.

Especially since the advertising ban, cigarette packaging is the most important opportunity for tobacco companies to do exactly the opposite: namely, promote smoking as a cool, attractive and grown-up thing to do. That is why they spend millions on developing their packaging by testing its attractiveness to potential new customers and adding novel or gimmicky features that will attract interest. It is patently obvious that the companies believe that packaging is crucial to promoting their products and giving themselves a market edge. Indeed, research among young people by Cancer Research UK and other charities confirms the positive impressions conveyed by packaging in the minds of young people. One view was, for example, “It looks too colourful to be harmful”. We therefore have to use any means possible to protect young people from tobacco and deter them from taking up smoking. That is of course why the industry is resisting standardised packaging.

Like my noble friend, I could say more but I will not do so. This is essentially an issue of child protection. The public support standardised packaging. Children and young people find standardised packaging less attractive, more of a deterrent and more effective in conveying health warnings. Health professionals across the disciplines support standardised packaging. Other Administrations in the UK, and other countries abroad, are moving in this direction. I very much support Amendment 264, which sets out very well the detail that regulations on standard packaging should include, and I congratulate my noble friend and other noble Lords on bringing forward the amendment. However, our Amendments 265 and 266 would strengthen it by requiring the Secretary of State to make regulations rather than simply allowing them to decide whether to do so.