Clause 19 - Interpretation
Tobacco Advertising and Promotion Bill
4:00 pm
Mrs Caroline Spelman (Meriden, Conservative)
I listened with great interest to the Minister. I hope that those who are listening to our debate and who will read Hansard carefully will have noted that the two-speed process introduced in the regulations is important. I was particularly interested to hear that the specialist tobacconist powers might be held in reserve, giving specialist tobacconists a chance to work out how they can comply with the Bill without excessively burdensome regulations being placed on them. The distinction discussed in the stand part debate, which if I recall correctly might have been curtailed at the beginning of our proceedings, was helpful.
I draw attention to clause 19, about which I seek clarification. It refers to
``publishing by any electronic means, for example by means of the internet''.
The Minister will be aware that I am worried that the approach may, understandably, be more lenient towards the new technology. It is still evolving and blossoming and should not be cut off at an early stage of its development. I remain worried, however, that those who publish printed matter by conventional methods may be discriminated against in comparison with people who publish by electronic means. The clause deals with them together, but in other parts of the Bill they are treated differently.
The Minister's new clause 3 provides for publishers of information by electronic means through their websites legitimately to continue if they carry on their business outside the United Kingdom and customers from the UK access their websites. I am not convinced that, under British law, anything could be done about that problem. None the less, those responsible for publishing printed matter by conventional means will be placed at a comparative disadvantage. Both sorts of publishers compete in an international market. The publishing world operates in a global market, as does the internet business. Both tender for business and present information to those who wish to be informed and advised about our buying decisions and strategies. However, conventional publishers in Britain are alone among publishers in European Union member states in being banned from competing in the international market, while some portion of those publications may be distributed in this country. That situation differs from that of internet service providers, who may carry on their business from outside the United Kingdom but whose customers may access it from here.
I am worried about that discrepancy. The two groups are lumped together in the clause as if they had equal provision, but the Bill makes a distinction and they do not have equal provision. I would welcome hearing from the Minister that, as part of the preparation for drawing up regulations, she will consult print publishers as well as those of electronic means, so that she may better understand the concerns resulting from the different way in which those two types of publishing will be treated.