Mr Ian Bruce (South Dorset, Conservative)

I have warned the Government about the way in which the Bill would allow the internet to be used to get round the ban on advertising. The clause gives the Government additional powers, through the affirmative procedure, to make amendments in future. Such powers may break the European convention on human rights.

The Secretary of State says that he does not believe that the Bill is incompatible with the provisions of the Human Rights Act 1998. For the sake of clarity, I have a copy of that Act in front of me. Schedule 1 contains the convention and paragraph 1 of article 10 on freedom of expression suggests that anyone can say anything that they like. However, paragraph 2 enables the Government to restrict people's freedom of expression on the grounds of protection of health. I am sure that that is what gives the Government confidence that they can legislate in this sphere.

Under section 12 of the Human Rights Act, however, someone may claim that they can still advertise tobacco in the United Kingdom on the grounds that the material has or is about to become available to the public. One of the defences is that, if the information will be available anyway, it should be possible to give it out within the United Kingdom. Otherwise, the individual's human rights are being superseded by the Act. That defence was used in the case of the former MI6 officer who published information that, under statute, it was illegal to publish in this country. Nobody disputed that it was illegal. He also had a contractual duty not to publish that information. He had it published, perfectly legally, on the internet. So he can go to the courts in the United Kingdom and say, ``Look, my rights under the Human Rights Act 1998 are being violated''. The clause would give the Government the power continually to change the rules to prevent use of the human rights defences in the Human Rights Act 1998.

I believe that the Minister—although she referred specifically to her officials—will meet people from the Internet Services Providers Association when the Bill has already gone through Third Reading. The clause would give the Government the power to alter the way in which they operate without our knowing the position beforehand; there may be Ministers who would be much more draconian and ban every type of promotional activity. If we allow the clause through, we may discover that the Government have got around Parliament.

See this speech in context