Clause 1 - Meaning of ''tobacco advertisement'' and ''tobacco product''
Tobacco Advertising and Promotion Bill [Lords]
5:15 pm
Mr Tim Loughton (East Worthing and Shoreham, Conservative)
My hon. Friend asks a fair question. In the past, it has been suggested that the Government have refrained from drawing a tight definition because they believe that doing so would create loopholes that clever lawyers could exploit. A stronger case, which I am trying to make, is that not giving definitions would make many more potential loopholes that clever lawyers, of whom there are many—expensive ones at that—should want to take to court. It is not a legitimate business of Government to leave the matter to the courts, as the Government appear to want to do, by not defining more closely in the Bill exactly what is or is not allowed.
The amendment is helpful. It is a good base from which we can define what is and is not allowed, what the penalties should be and what exemptions should apply to certain types of business or products. I hope that the Minister will accept it in the way in which it is
intended, which is to be helpful and get us to a much better defined Bill. Whether or not we agree it, everybody will know exactly where they stand.