Clause 1 - Meaning of ``tobacco advertisement'' and ``tobacco product''.
Tobacco Advertising and Promotion Bill
10:45 am

Photo of Mrs Caroline Spelman

Mrs Caroline Spelman (Meriden, Conservative)

Yes, that is my point. In fact, the explanatory notes reinforce that fact, stating:

``The term `advertisement' is not defined and bears its natural meaning.''

That is a weakness and the Government need to think hard about it if the Bill is to be successful. With the lack of a clear definition of tobacco advertisement, it is not difficult to see that, as some forms of advertising are suppressed, other forms are likely to come forward. For example, is cigarette packaging a tobacco advertisement? It may not be now, but it could be in the future. We should think much more clearly about what a tobacco advertisement really is and what it means if we want the Bill to be a success.

Another weakness that my amendment is designed to tackle relates to clause 1(a), which defines a tobacco advertisement as one

``(a) whose purpose is to promote a tobacco product,''

One of the consequences of the Bill as drafted, is that it will catch specialist tobacco suppliers, who are not the cause of the sharp increase in tobacco consumption in this country. For example, it will catch cigar manufacturers. I am sure that no one imagines that youngsters will buy Havana cigars and chain smoke behind the bike sheds. The objective is to reduce the prevalence of smoking, but cigar smoking is not practical, manageable or financially viable for the group that is, as I think we all agree, the most vulnerable.

The Bill will have a harsh effect on specialist suppliers of tobacco. In many cases, they do not have shops but retail their products by mail order—we will deal with that later. The clause is wide ranging and the Committee must think long and hard about whether there is a great deal to be gained by putting cigar, snuff and pipe tobacco manufacturers out of business. These are not the products that are fuelling the sharp increase in tobacco smoking. I do not see the youth of today walking about with pipes full of tobacco, and have only seen snuff produced at a party for under-25s on one occasion. Furthermore, the clause has a dimension for small as well as big business that needs to be thought through carefully. I am sure that the Government's aim was principally to target cigarette manufacturers and the increasing preference for smoking cigarettes, but did they intend to hit the small business so hard?

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