Leaving the EU: Tobacco Products and Public Health

Sharon Hodgson Excerpts

Monday 7th January 2019 Commons Chamber

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to be here on the first day back to discuss these interesting and colourfully illustrated amendment regulations on tobacco products and nicotine inhaling products, not tucked away in a Committee Room but on the Floor of the House.

As I have said previously on EU exit secondary legislation, I still strongly hope that we leave with a deal and that all these SIs will have been for naught. I understand that, as a matter of contingency planning, it is only right that we discuss these changes as a just-in-case measure. However, I have to say again that if a no-deal scenario was ruled out once and for all, none of this would be necessary, saving vital taxpayers’ money that could have been better spent elsewhere. As I understand it, these no-deal SIs run to around 900, so that be a substantial sum of money. But here we are. The Minister has already set out what these regulations mean, so I will not repeat any of that.

Smoking rates have declined. However, it is estimated that around 6.1 million adults in the UK still smoke. I hope that they were listening to your comments, Madam Deputy Speaker, and that we all show those awful images to as many people—young and old—as possible, because it is never too late to quit. Hospital admissions attributable to smoking increased by 2% in 2016-17 compared with the previous year, and last year we also saw a small increase in the number of women smoking during pregnancy.

Those figures are not surprising when coupled with the fact that £96 million has been cut from the public health budget this financial year alone, adding up to £800 million by 2021. That means cuts to vital public health services, which both the Minister and I are passionate about, including smoking cessation services. The Government must reverse these public health budget cuts if they are serious about reducing smoking rates. It is a shame that today the Secretary of State missed yet another opportunity to do that, in his statement on the NHS 10-year plan. There was no reversal or any new money that I could see for smoking cessation services or public health services. He did, however, maintain that prevention was at the forefront of the Department’s forward view, which was welcome. If that is the case, the high standards for the safety and quality of tobacco and nicotine products must be maintained or even improved if the UK leaves the EU without a deal.

With that in mind, I have a few questions about the regulations. Will they have any impact on the current advice on e-cigarettes? Will the Government be undertaking a review of e-cigarette regulations to ensure that they are fit for purpose and encourage their use by smokers to quit smoking, while also discouraging uptake by young people? More generally, will the amendments allow for regular reviews and updates of the health warnings?

That brings me to the picture warnings on cigarette packets—anyone who wants to see the new ones can find them at the back of the draft regulations. They replace a number of unappealing photographs that we currently use with new photographs, which are under copyright by either the Commonwealth of Australia or Professor Laurence J. Walsh of the University of Queensland. I am sure that this is a short-term fix, but could the Minister please elaborate, and provide some clarity, on what agreement has been reached with the Australian Government, or indeed with Professor Walsh, on using the photographs? In what form was the agreement made, what does it cover, and how and to what extent does it affect the rights of the copyright owners? What payment, if any, will the Australian Government or Professor Walsh be entitled to as a result? What conditions and constraints will there be on UK businesses using these photographs? What about current packaging that uses the old images? I hope that some contingency has been made for those to continue to be sold.

I am under the impression that these photographs are still being evaluated by the Australian Government. If they are found not to be fit for purpose in Australia, will the Minister take that to mean that they are not fit for purpose in the UK either? I know that the Government will be publishing detailed guidance on the picture warnings and the notification process this month, but it may be beneficial to businesses if the Minister could please give a better idea of when they can expect to receive the guidance?

Finally, do the Government have any plans to use UK-sourced or commissioned photographs? Surely we have some comparable images of our own, taken by doctors or researchers, that we could use? If not, are plans in place to acquire some? The legislation also introduces a fee-making power for characterising flavours and emissions on nicotine and tobacco products. Will the Government be using that power immediately, and what impact will it have on businesses?

Unfortunately, smoking is still prevalent in our country, which is why we must ensure that tobacco and nicotine products meet the highest safety and quality standards. If the worst happens and we do leave the EU without a deal, we must ensure that these standards are upheld, so the Opposition will support the regulations today, in the hope that they will not be needed.