Health Bill

In December last year, the Government announced their intention to consult on raising the minimum age limit for sales of tobacco. That consultation will take place within the next month and the results will be considered carefully before a final decision is made. Clause 13 was introduced with cross-party support during the passage of the Bill through the other place. The powers in this clause allow the Secretary of State the appropriate flexibility to raise the minimum age limit for sales of tobacco through secondary legislation by the affirmative resolution procedure after consultation in the usual way. The clause also gives the Secretary of State the power to bring forward further changes to the age limit in future, should they be required. The clause specifies that the age limit can be changed only to one not lower than 16 but does not specify an upper limit. The legislation that would be amended very clearly pertains to children and young people. However, when the 1933 Act was passed it applied to persons up to the age of 21 whereas the 1991 Act covers people up to the age of 18. The reason for the apparent ambiguity is because the Acts were passed at different times in history. It means that the Bill as drafted could not specify an age for the sale of tobacco products above 21. An upper age of sale is not specified in the Health Bill to provide maximum flexibility in future regarding the age for the sale of tobacco. It is not inconceivable that in future society might demand that the age for sale of tobacco products be increased to 21 years, given the health hazards associated with the product. That might be possible if the Bill remains as drafted. At the moment, therefore, we are not minded to accept Amendment No. 51, but I have tried to explain the reasons for our position.