Clause 5 - Advertising: defences
Tobacco Advertising and Promotion Bill
10:30 am
Mrs Caroline Spelman (Meriden, Conservative)
This series of amendments would alter the phrase ``had no reason to suspect'' to ``could not reasonably have been expected to know'', which is a more practical and objective formulation of the same idea. When we debated clause 2 and touched on the defences that might be used, I was pleased that the Minister used exactly the same phrase at column 36 of the Hansard report of our proceedings. My ears pricked up at that reference because such wording is much easier for people to understand and to judge objectively. A third party could take the view that someone could reasonably have been expected to know something, whereas it would be more difficult to prove that someone had reason to suspect something.
It is difficult to prove the absence of possible suspicion. I am not a lawyer, but those who are will understand that it is important to have a defence that is workable in practice, if the Bill outlines certain offences. Under the law, it should be enough of a defence to prove that one did not know something, and that would be conveyed by the amendment. Suspecting something is more difficult to prove. One might suspect that various offences had been committed, but the test should be whether one would reasonably have been expected to know that they had been committed. That is a better way in which to phrase the provision, and I hope that the Government will accept our constructive suggestion.
The amendment would give the courts a wide power to examine all the surrounding circumstances if an offence had been committed and they could decide whether the individual ought reasonably to have known the consequences of that. We have considered several practical examples of people who may unwittingly display tobacco advertisements and have therefore thought of a form of words that would provide an adequate defence. The phrase would create a proper test and it is one that we commend to the Government. The group of amendments would all apply the same wording to the Bill. Such defences would be important if it were alleged that an offence had been committed and someone was taken to court.