Clause 2 - Prohibition of tobacco advertising
Tobacco Advertising and Promotion Bill
Ms Yvette Cooper (Parliamentary Secretary (Public Health), Department of Health; Pontefract and Castleford, Labour)
I understand that you had a very early start this morning, Mr. Malins, to ensure that we could start on time. Thank you.
The amendment would make it unclear whether leaflets, flyers or attachments inside publications that include tobacco advertisements would be covered. That is a serious loophole. It is true that when we open our Sunday newspapers a load of leaflets fall on the floor. Clearly, many companies and businesses regard that as an effective way to advertise their products. To allow such advertising would be a significant loophole in the Bill, and a mistake.
The hon. Lady was concerned that newsagents would need to check every magazine. The Bill sets out clear defences for people who could not reasonably be expected to know whether a publication contained a tobacco advertisement. If they had been told that a magazine was likely to be distributing a flyer, there would be some obligation on them to check, but in the unlikely event that someone had slipped in surreptitiously a leaflet that no one knew about—and could not reasonably be expected to have known about—they would have a defence under the Bill.
The defences appreciate the situation of an innocent person in the distribution chain, who did not know—and could not reasonably be expected to know. We shall discuss those defences later. They are reasonable. It is important, however, to include flyers and leaflets because they make so much difference and are an important part of the business of advertising.