Health Bill [HL]

My Lords, Clause 18 replaces the existing exemption from the tobacco advertising ban for specialist tobacconists with regulation-making powers, as the noble Earl outlined. Currently, such shops are allowed to advertise their specialist products provided the adverts are either inside or fixed to the outside of their shop. The new regulation-making power would allow us to limit tobacco advertising to the inside of specialist tobacconists only—adverts would no longer be visible outside their shops. This is an important element of our approach to tobacco control. Along with Clause 19, these new powers will help to eliminate unsolicited tobacco promotion, protecting children and supporting those people who want to quit. The noble Earl, Lord Howe, is right that the 2002 Act provides regulation-making powers with respect to advertisements in or outside specialist shops. However, there is explicit provision in the 2002 Act for specialist tobacconists to have adverts fixed to the outside of their premises. Regulations made under the existing powers could only specify requirements about outside adverts, not prohibit them altogether. We want to prohibit all tobacco advertising that is visible to people who have not chosen to see it. We propose using the new regulation-making powers provided by Clause 18 to ensure that advertising of specialist tobacco products is not visible outside specialist shops. However, the noble Earl is right that there is no intention to limit advertising inside shops within the current regulatory framework. We do not want to unfairly penalise specialist tobacconists. We recognise they are involved in a legitimate trade and need to be able to attract customers. They would still be able to use their window displays to inform customers about what they sell by advertising tobacco accessories, such as pipes, or by listing the tobacco products they sell. They would still be able to advertise specialist products inside their shops. In reviewing Hansard, I have realised that in Committee I said that the clause would still allow advertising on the outside of specialist shops. While the existing primary legislation expressly permits advertising on the outside of shops, the new provision would only allow such advertising if regulations provided for it. I apologise for that and hope that I have made the position clear in my letter to the noble Earl, which I am happy to share with the rest of the House and place in the Library. By removing unsolicited tobacco promotion, Clause 18 supports the Government’s aim to provide an environment in which not smoking is the easy choice, and I commend this clause to the House.