Clause 8 - Prohibition of free distributions
Tobacco Advertising and Promotion Bill
12:15 pm
Mrs Caroline Spelman (Meriden, Conservative)
The Minister's answer was glib, and shows what is wrong with the Bill. Having heard her explanation, I can see that at events such as I have attended, the Bill would not work brilliantly. For example, in corporate entertainment, gifts are often given to those invited. ``His'' and ``her'' presents are wrapped up and placed on the tables. In our household there is usually a problem because my husband gets the bouquet of flowers, perfume or a feminine gift, and I end up with the hip flask—we are a role reversal couple. It is usually assumed that Members of Parliament are men at such events. The gifts are handed out by those taking the coats or waiting on tables—casual labour—who may be students.
The rates of pay at such events for cloakroom assistants or waitresses are not fantastic. The young person hands out beautifully wrapped gifts, and the first person on the table who opens one ruins the surprise for everyone else, because then we all know what is inside the orange packet. The gift item may be a cigar case or a cigar. Perhaps the organisers think that the gentlemen on the table will want to smoke them after the meal.
At the point at which the present is opened, the casual employee suddenly discovers that the gift is a tobacco product, and being well versed in the law on tobacco advertising may become anxious. Should that person collect up the presents again lest they be found guilty of distributing them? The problem is not as easy and glib as the Minister thinks and will cause difficulty in practice. It is reasonable to trace the ultimate responsibility to the owner of the business. The owner may be abroad, as the Minister described, but if he is good at his job he will know what a business should and should not do. He is far more likely than the casual employee to know the minutiae of the Bill. Someone such as a managing director could be expected to be perfectly versed in the offences and defences set out in the Bill. The problem is not as easy as the Minister thinks, but I will not press the amendment.