Clause 12 - Enforcement
Tobacco Advertising and Promotion Bill
9:30 am
Mrs Caroline Spelman (Meriden, Conservative)
We are keen to discuss the clause because it relates to a completely different subject. Having arrived in the Committee at this stage, Mrs. Adams, you could not know that we have had no discussion on enforcement and have saved all our points on it for this debate.
Enforcement is an important area. We share the Government's aim of trying to reduce smoking. We have our doubts about the Bill's effectiveness given that there is no effective control over the volume of smuggled tobacco coming into the UK. None the less, the enforcement authorities will be required to put the Bill into effect, and even its limited effectiveness will depend greatly on those authorities. It seems perfectly reasonable, therefore, to ask the Minister what the Government intend in terms of allocating resources to the weights and measures authorities in England, Wales and Scotland and to district councils in Northern Ireland so that they are able to enforce the Act. We have not raised that question before and now is the right time to do so.
When the Act comes into effect, it will be bound to create many cases, at least initially, that need investigation by the relevant enforcement authority. The Bill represents a big shift in practice as regards the currently quite legitimate advertising of tobacco products. Those who engage in the trade of buying and selling tobacco products and their accessories will have to adapt to a new situation in which it is no longer legal to advertise those tobacco products. During the earlier stages of the Commiteee, we sought on a number of occasions to clarify precisely what is an advertisement and what is a display, and we are going to receive some clarification on the latter point when we debate new clause 3.
There will undeniably be a transitional period during which those involved in the trade will try to adjust to the new law and work out precisely what it means for them. A lot of specific guidance has still to be given in regulations; effectively, we have an empty box into which the regulations have still to be placed. I have been very concerned that a number of small commercial entities that trade tobacco products, such as specialist tobacconists and corner shops in which 50 per cent. of the product is tobacco, may find themselves in the difficult position of having to go to court to clarify whether they are trading legitimately once the Act bans tobacco advertising.
The up-front cost to the weights and measures authorities concerns me. It would be extremely helpful to those who trade in tobacco products to have the assistance of the authorities in clarifying, in the early stages, precisely what the regulations mean. We cannot give any guidance because we have not seen the regulations, which will not be set out in the Bill. The rule of the enforcement authorities will be very important, and I am aware, from other Bills that have gone through this House and passed into law over the past four years, that we are expecting a lot of extra work from weights and measures authorities in England, Wales and Scotland and from our district councils.
The resourcing of the authorities is pertinent. We share an interest with the Government in that we want to ensure that those who will be affected by the Bill should have proper guidance, part of which will undoubtedly be provided by the weights and measures officers.
Why will Ministers in England, Wales and Northern Ireland be able to take over enforcement functions in some cases? Is that because no extra resources are being allocated to the weights and measures authorities in England and Wales? Is that the intention of the Minister's Department, given that a lot of up-front effort will be needed to get across the change in commercial practice that the Bill requires? What is the rationale behind that provision? Does the Department take the pessimistic view that the authorities are likely to fail in their task, and that the Department will need to be able to take over those powers if weights and measures authorities protest either that they do not have the required resources, or are not capable in some way.
The Local Government Act 1999 provides, in a similar way, for the Government to step in where local authorities fail to perform particular tasks, as properly measured. Does the Minister agree that it is important for the weights and measures authorities to know the circumstances in which her Department might muscle in and take over. That could be demoralising to someone who has been carrying out a new task in trying to bring about a change in commercial practice by stemming tobacco advertising and who suddenly finds that it has been taken out of his or her responsibilities. That could lead a local authority to think that it had not done well in the task, and was being criticised. It is important to spell out for everyone's sake, the circumstances in which the Department would take over responsibility.
Does the provision have anything to do with taking a case through to prosecution? Is some sort of two-tier role in operation, under which weights and measures authorities may check on where there may be a breach of the law, but the Department take over because of the cost of going to court and prosecuting. I am interested to know the rationale behind the provision.