Clause 13 - Powers of entry, etc.
Tobacco Advertising and Promotion Bill
10:15 am
Mrs Caroline Spelman (Meriden, Conservative)
The first time that I saw the date of 8 February was on the printed programme motion. Other Bills came out of Committee on the same day, for some mysterious reason, which is probably not unconnected with the imminent general election. We are all trying to read the tea leaves on that.
Clause 13 deals with powers of entry. That important matter will affect people. The stakes are high when an enforcement officer is required to use powers of entry. It quite often becomes public knowledge that an investigation has taken place, and stigma attaches to the individual who has been investigated. We must help the Government to find the right balance for powers of entry. We accept that enforcement has to be effective.
My first question to the Minister relates to clause 13(1)(a), which states that an exception is made for a private dwelling house. I wish to place it on record that I desire legitimately to protect people's domestic property when it is used only for its proper purpose. I have, however, a major concern about enforcement of the ban on tobacco advertising, which is linked to our fundamental concern about the effect of the Bill on illegally smuggled tobacco. At present, there is good reason to suspect that there are non-commercial premises where contraband is stored prior to sale. Although this is anecdotal—I have not physically witnessed it—I fear that more often than not the contraband is stored in a garage attached to the home of someone who has access to one of the famous white vans that are responsible for distributing up to 48 per cent. of the contraband cigarettes that are smoked in the north-east.
I am keen to close the floodgates on illegally imported tobacco. That was the key point of our amendment on Second Reading. Every time that the hon. Member for Rother Valley refers to the strategy of Conservative Members on Second Reading, he studiously omits to point out that we moved a reasoned amendment to the Bill. I am keen to impress on the Committee that the amendment was not a flat rejection of the ban on tobacco advertising; the rationale behind it was to deal with the volume of illegally imported tobacco.
Will the exemption for a private dwelling house include the garage? I want to see an innocent person's home protected, but can the Minister assure me that, in granting this legitimate exemption, she is satisfied that it will not prevent enforcement officers from examining whether tobacco advertising, especially of illegally imported products, is taking place if they are not able to gain entry to garages?