New Clause 2 - Age of sale

Part of Health Bill – in a Public Bill Committee at 9:30 am on 15 December 2005.

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Photo of Caroline Flint Caroline Flint Parliamentary Under-Secretary (Department of Health) 9:30, 15 December 2005

There is logic in that point, but as I have said, at present huge sensitivity is applied and family members are involved when young people assist. The fact that local authorities deal with the matter in that way should be acknowledged.

The hon. Member for Northavon asked about amendment No. 71. The long title of the Bill is generally meant to reflect the contents of the Bill, but I should want advice on the matter from parliamentary counsel, in conjunction with the House authorities.   However, I assume that the fact that new clauses 2 and 7 were selected by the Chairman shows that they were already within the scope of the Bill.

My hon. Friend the Member for Falkirk spoke about the Department of Trade and Industry. Clearly, issues arise in this context relating to the DTI and the Home Office, as well as health. The new clauses concern an offence by those who sell cigarettes. They are not about criminalising a young person. Therefore discussion is needed, which is why consultation is important. That is recognised in Scotland too, and although powers have been given to the Scottish Minister, the decision whether to go ahead is subject to an expert reporting group’s evidence. It is not decided that Scotland will go ahead with the relevant measure. Those responsible are minded to do so if the evidence stacks up. That is very important.

The hon. Member for Westbury mentioned cost. We need to consider the costs and where the money is to come from, both for signage and for the enforcement costs resulting from restrictions on smoking, which we discussed at length earlier in the week. I was interested to hear that the measures in Scotland were opposed by the Liberal Democrats. I shall be interested to see what happens in Westminster.

I turn to the substance of the new clauses. I realise why the right hon. Member for North-West Hampshire and my hon. Friend the Member for Barnsley, East and Mexborough tabled them. It is an important matter. I have already announced that we plan to hold a formal 12-week consultation; I hope that it will start in February 2006. It will follow the normal lines of Cabinet consultations. It will allow us to delve more deeply into all the issues raised by hon. Members and others; we can get all the evidence and hear all sides of the debate.

The new clauses have some drafting problems. New clause 7 would amend section 7 of the Children and Young Persons Act 1933, which deals with the age for the sale of tobacco. However, a corresponding amendment would need to be made to section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991. The 1991 Act makes it an offence not to prominently display the statement,

“It is illegal to sell tobacco products to anyone under the age of 16” at every premises at which tobacco is sold. It would not make sense to amend the 1933 Act without also amending the 1991 Act.

Amendment No. 71 is a consequential amendment to new clause 7. It simply amends the long title of the Bill. I am uncertain whether it would be necessary.

New clause 2 attempts to create a regulation-making power by amending the Children and Young Persons (Protection from Tobacco) Act 1991. That new clause, too, has deficiencies. The amendment would deal only with the requirement to display signs on the age of sale. A corresponding amendment is needed to section 7 of the 1933 Act.

As a result of those drafting problems, neither of the new clauses achieves the desired effect. The very fact that new clause 7 would change the age from 16 to 18 means that it would pre-empt the consultation. I am sure that my hon. Friend the Member for Barnsley, East and Mexborough accepts that. I do not suggest that we are looking beyond the age of 18, but a range of ages is to be found among the member states of the European Union.