Criminal Justice and Immigration Bill

moved Amendment No. 177AG: 177AG: Clause 194, page 140, line 29, at end insert— ““12E Purchase of tobacco by or on behalf of children (1) An individual aged under 18 commits an offence if he buys or attempts to buy tobacco or cigarette papers. (2) But subsection (1) does not apply where the individual buys or attempts to buy the tobacco or cigarette papers at the request of— (a) a constable, or (b) a weights and measures inspector who is acting in the course of his duty. (3) A person commits an offence if he buys or attempts to buy tobacco on behalf of an individual aged under 18. (4) Where a person is charged with an offence under subsection (3) it is a defence that he had not reason to suspect that the individual was aged under 18. (5) A person guilty of an offence under this section is liable on summary conviction— (a) in the case of an offence under subsection (1), to a fine not exceeding level 3 on the standard scale, and (b) in the case of an offence under subsection (3), to a fine not exceeding level 5 on the standard scale.”””” The noble Lord said: I am always loath to bring forward amendments that bring in new offences; the Government, with their 3,000 or so new offences since 1997, seem to manage to do that job perfectly well themselves. On this occasion, however, the amendment proposes some new offences. At this stage, it is purely a probing amendment. As I understand it, at the moment the under-18 year-old who purchases tobacco is not himself committing an offence; the offence is committed by the person selling it. Nor is someone committing an offence if they go in and buy tobacco for someone who is under 18. The amendment proposes, first, that it should be an offence for the under-18 year-old to buy or to attempt to buy tobacco and, secondly—this is the much more important part, because I am not particularly sold on proposed new subsection (1)—an offence would be committed by someone purchasing tobacco on behalf of an under-18 year-old to get around the law. I would be grateful to hear the Government’s response before I consider whether I want to come back to this on Report. I beg to move.