Clause 8 - Prohibition of Free Distributions
Tobacco Advertising and Promotion Bill
4:30 pm

Photo of Mrs Caroline Spelman

Mrs Caroline Spelman (Meriden, Conservative)

I want to discuss the general points of the clause that were not brought out by the amendments. As in previous clauses, clause 8, in subsections (6) and (7), allows the Secretary of State to determine through regulations the large part of the Bill that refers to coupons. We discussed earlier how difficult that would be for those who must work with the Bill, because we are, at best, handing over an empty box into which the Government can place the regulations.

I want to impress on the Minister the need to assist those who must work with the Bill with clear guidance about what is meant by coupons, given that we accept that doing away with coupons is a done deal. We argued that the phrase ``nominal sum'' was too vague, and the Minister agreed to look for another form of words. I hope that she will accept that producers of tobacco products should not be expected to go to court to determine what the law is in this area. The guidance must be clear, and if the Bill is insufficiently clear or could create a loophole, we need to find an alternative form of words.

I hope that the Minister has had time to consult with her civil servants so that she may respond to the legitimate inquiries of my hon. Friend the Member for South Dorset (Mr. Bruce) about loyalty cards. The more I thought about that point, the more important it seemed that we should not leave it to hang in the air. There is probably an easy explanation, but it is an important question, and I look forward to hearing the Minister's comments.

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