Health Bill [HL]

My Lords, since the amendment stands also in my name, perhaps I might, with the leave of the noble Lord, Lord Patel, answer that question on his behalf. It is none of those things, which would remain on a plain package—the health warnings and all of that. It is the use of colours and effects on packets to make them attractive to young people and to imply some kind of value and quality. That is what packets do. That is the distinction. I happen to have lost my point earlier. I think that those signs that were put on to tobacco packets as a result of the Bill introduced by my noble friend Lord Clement-Jones should remain. I happen to think that having them on display is far more effective than what the Government have provided. I say to the noble Lord, Lord Borrie, that I am not going to take him on in areas of law; I cannot do that. The reason why I was happy to put my name to the amendment tabled by the noble Lord, Lord Patel, was because it gives the Government a power for a future date. It anticipates the fact that there will be a great many technical and legal arguments which will have to be settled. The noble Lord is absolutely right, and the noble Lord, Lord Naseby, is right, that any Government who were to go down this road without having taken due legal advice about TRIPS and about advertising would be unwise. I want to see us have the power to do this, and I want to see the British Government have the power to do this, not because we have to comply with some treaty or some piece of European legislation, but because we believe that it is right, as part of our comprehensive tobacco strategy. I have no problem with making the packaging as unattractive to young people as possible; it is important that we do that.