Criminal Justice and Immigration Bill

I declare an interest as an officer of the All-Party Parliamentary Retail Industry Group, which is supported by the retail consortium of which the Co-operative movement is a member. I have a declared interest there which I readily admit. One has to bear in mind that the representations that have been made, for instance by the retail consortium, represent 90 per cent of retail sales in this country. The Government should explain why they are not prepared to give due weight to, or why they should put aside lightly, the views of a body of that size. I am told that the relevant figure in connection with the Association of Convenience Stores is over 30,000. The noble Baroness on the Liberal Benches rightly pointed out that it is comparatively easy for the very large supermarkets, if they are found guilty of enabling these sales, to subject the individual who is alleged to have agreed to the sale in question to some stricture. However, as regards a small business—of which there are still very many—one has to be reasonably fair. The amendment moved by the noble Lord, Lord Henley, strikes me as sensible. Retailers are sensitive about their responsibilities as regards the sale of not only tobacco but alcohol. I hope the Minister will comment on comparability of treatment in these matters. I understand that guidance is to be issued on how effect will be given to this. The Minister will be well aware that guidance has no relevance in law; it is guidance. Therefore, some trading standards officers may operate under the guidance and some may not. Then you have a situation where small shops which trade fairly and legally fall by the wayside for one reason or another and are not treated in the same way as other retailers. I am certain that the law-abiding small trader whose attention is drawn to a dereliction will be quick off the mark to put it right, because his livelihood is at stake. Tobacco sales figure much larger for some shops than for others, but tobacco accounts for a sizeable proportion of sales even in big supermarkets. The Minister needs to take account of that. As far as I am concerned, the Government are right to respond to the general public’s plea that something should be done about the sale of alcohol and tobacco, but they also have a responsibility to recognise that it is sometimes not the fault of the retailer. Dawn Primarolo, the Minister for Public Health, has said that there is little evidence that the underage purchasing of tobacco is widespread. If it is not widespread, it is present. It is right that government should bring forward some sanction. I have no disagreement with the two manners under which the retailer is punished. Two of the three strikes which may be applied may come at the beginning of the two-year period, and the other might not take place until towards the end, but the whole of the two-year period is under review. That is inequitable and unfair. The Minister should take from this debate the genuine desire of the retail industry not only to comply with the law but to help the Minister to make good law. Invariably, most retailers are not only good citizens but good members of the community and the public. They do not want to see rogue traders deliberately and underhandedly aid and abet the purchase of tobacco by the underage—or even by those of age who purchase for the underage—and get away with it. I support the amendments in general and look forward to hearing what the Minister has to say.