Clause 1 - Meaning of ''tobacco advertisement'' and ''tobacco product''
Tobacco Advertising and Promotion Bill [Lords]
5:45 pm
Mr David Wilshire (Spelthorne, Conservative)
I am glad that you would do that, Mr. Amess, but I notice that you did not. Once again, I am sorry that Labour Members are not prepared to listen to any sort of debate about the legislation that they shove in front of us and expect us to rubber stamp without raising any queries. I make absolutely no apology for detaining the Committee. If the debate bores and upsets the hon. Member for North-West Leicestershire (David Taylor), I warn him that he has to put up with four more sittings. It should have been eight sittings, as offered in the first place by the Government Whip, who is not allowed to speak—but I will let that pass, because it would be out of order to raise the matter.
However, it is not enough to say that the natural meaning of a word is all that matters. What happens if the meaning of an advertisement changes? I think that the Minister made a Freudian slip—we will see what Hansard says tomorrow. As far as I am concerned, the
natural meaning of a word is not adequate. All the examples that the Minister gave us about why we were wrong and she was right focused on the purpose of something. I tried in an intervention to get a response. We heard that the purpose of things in a window was to promote tobacco. Not a word was said about effect.
It is perfectly possible that some people could argue—I am sure that lawyers such as my hon. Friend the Member for Bury St. Edmunds would be prepared to give it a whirl—that cigarette packets are not designed to look awful or ugly and put people off but to attract. If an attractive packet, which the Minister says is all right—the Government do not intend to include the packet—increases sales because it is brilliantly designed, the effect is that of an advertisement, as I understand clause 1. The Minister made no attempt to justify the inclusion of effect. If she does not like the amendment, I advise her to indicate that on Report she would be prepared to re-examine clause 1 with a view to putting it right in a way that she finds acceptable. It appears that she does not agree with our way of putting it right. However, I believe that she is beginning to indicate, by what she says, that there is a defect. If she reflects on it long enough, she might actually persuade herself.
The Minister said that the Government do not consider that tobacco is an advertisement. I agree with that, but I think that she meant to say that a packet is not an advertisement. What the Minister slipped in, if I heard it correctly—I hope that the record will show it—was that ordinary packets will not be considered to be advertising. That introduces a new concept. Who will determine what is an ordinary packet? What takes place in Committee becomes part of the public record and is used when one seeks to understand the meaning of the Bill when it becomes an Act. We now have the concept of an ordinary packet not being an advertisement. Does that mean that the Government now wish to set themselves up as design censors?