Sunbeds (Regulation) Bill

My Lords, I begin by saying that I have nothing but praise for the noble Baroness, Lady Finlay, for bringing forward this Bill today and for introducing it so powerfully and so well. In adding my strong support for all that she has said, I declare an interest as chairman of RAFT, the Restoration of Appearance and Function Trust, a medical research charity which for many years has been carrying out ground-breaking research into the prevention and treatment of skin cancer. The work of RAFT, which incidentally runs much wider than just skin cancer research, is unique in the medical research world, and I am proud to be associated with it. The entire board of trustees at RAFT is, needless to say, behind this Bill to a man and woman. Whenever we regulate to prohibit an activity we have to ask ourselves two key questions. The first question is whether the case for prohibition is based on good scientific evidence of actual harm being done; and the second is whether the aims underlying the regulation could be achieved equally effectively by other means. I am absolutely clear that this Bill passes both tests. The science behind it is now indisputable; we know that melanoma is now the most common cancer in young people aged 15 to 34 and that it kills more than 2,000 people every year. Its incidence is doubling every 10 years. Although women are more likely to contract it, men are more likely to die from it. Its incidence is associated with affluence, and is highest in south-west England, though it is also high in much of Scotland, Ireland and southern England, perhaps because of the high numbers of fair-skinned people in those areas. We also know that sunbeds contribute to the annual death toll from skin cancer. The International Agency for Research on Cancer recently stated that there is, "no doubt sunbeds cause cancer", upgrading sunbeds to be definitely "carcinogenic to humans", with a 75 per cent increased risk in melanoma in people who started using sunbeds regularly before the age of 35. The new assessment puts sunbeds on a par with smoking or exposure to asbestos. Sunbeds emit high-intensity radiation over a short time, which is predominantly UVA. Those intensities can be equivalent to or higher than midday Mediterranean sunlight. A study last year by DeAnn Lazovich et al, based at the Division of Epidemiology and Community Health in the United States, concluded: ""Melanoma risk was particularly pronounced among users of high intensity … devices and high pressure … devices. Risk increased as the total years …, total hours … or total sessions increased … Conclusions—Because prevalence of exposure was high and detailed lifetime information about indoor tanning use and potential confounders were collected, this study overcomes many of the limitations of earlier reports. Our results provide strong evidence that indoor tanning is a risk factor for melanoma"." In a large cohort study conducted by the Karolinska Institute into indoor tanning and melanoma risk, the authors conclude: ""Solarium use in early adulthood and midlife increased the risk of melanoma in this large cohort study"." Sharply increased numbers of melanoma cases in Iceland have been associated strongly with sunbed use in a recent international study, which concludes: ""It is highly plausible that the high prevalence of sunbed use contributed to the sharp increase in incidence of melanoma in Iceland, especially of trunk melanoma"." While it is right for me to add that the three papers I have mentioned have not yet been peer reviewed, they were all presented at the 7th world melanoma conference in Vienna last year. All of them confirm what Cancer Research UK and the WHO have been saying for a considerable time on the basis of quite separate evidence. The recent COMARE report has added to that evidence. The bald fact is that the use of sunbeds by those under the age of 35 significantly increases the risk of developing skin cancer later on. In England, more than a quarter of a million children have used sunbeds. In some areas of the country, as we have heard, sunbed usage among teenage girls is extremely high, at around 50 per cent. It is clear that a lot of this usage is completely unsupervised, with coin-operated machines being accessible in some tanning salons without any restrictions or questions being asked. One should say here that members of the Sunbed Association take a responsible approach and abide by a very clear code of practice on these matters. However, members of the Sunbed Association account for only 20 per cent or so of all sunbed outlets; the rest are not subject to any controls at all. This is the point at which we have to look at regulation as being the only answer. Self-regulation and guidance simply have not worked, as the noble Baroness, Lady Finlay, said, because too many businesses operate outside it. Such self-regulation as there is in the sunbed industry is not for the most part subject to independent supervision. The Bill before us therefore takes what I believe is a proportionate approach by focusing on the risks to young people, in whom there is clear evidence of actual harm now being done, and in whom the most harm is done by sunbed usage, and by homing in on young people's access to commercial tanning salons. As we have heard, however, the regulation-making powers in the Bill would enable appropriate restrictions to be extended in due course to the hire or purchase of sunbeds by young people. It would be helpful to hear from the Minister whether the Government intend to consult on implementing measures in this context. As we debate this Bill today, it is not possible for us to say whether we shall be able to scrutinise it in detail in Committee, because of the possibility that Parliament may be dissolved during the next couple of weeks. In these circumstances, I hope I may be allowed to ask one or two Committee-type questions relating to Clause 5 of the Bill and the power to require information to be provided to sunbed users. I welcome the clause, but seek guidance on its practical implications. Regulations under the clause could bring advertisements by sunbed operators either wholly or partially under statutory control, rather than being subject to control by the Advertising Standards Authority as they are at present. That concerns me, because advertising controls are one area of non-statutory regulation that is working well. All the media channels that are currently being used by sunbed operators are subject either to the Committee of Advertising Practice's code, known as the CAP Code, or the Broadcast Committee of Advertising Practice's radio advertising standards code, which are both adjudicated upon by the ASA. The CAP code will shortly be extended to other business websites and other online space. These codes reflect the provisions of the Consumer Protection from Unfair Trading Regulations 2008, including those on misleading or aggressive advertising. An advertisement may be considered misleading either by containing false information or else by omitting pertinent information. The codes also contain rules that advertising should not be a cause of harm, and there will shortly be additional rules relating to social responsibility. On top of that, under the current system there is proactive daily monitoring of advertisements in all relevant media to check on their compliance with the codes. Both the Government and the Office of Fair Trading regard the ASA as the "established means" for enforcing the consumer protection regulations. Will the Government therefore consider issuing guidance to the Sunbed Association to make compliance with the CAP code a requirement of their own code in respect of on-premises advertising material as a means of helping sunbed operators comply with the legislation? For non-broadcast advertising, I am aware that there is a wealth of free advice available to businesses from the Committee of Advertising Practice, which would make this an attractive way forward for the industry. Broadcast advertising of sunbeds is in a different category, but there is no reason why radio advertisements should not be made subject to advance mandatory clearance by the Radio Advertising Clearance Centre. With regard to the age restriction contained in the Bill, does the Minister acknowledge that the advertising codes are already capable of reflecting the law where access to products is restricted by age, which suggests that they could do so equally well and equally effectively in this context? What consultation will the department engage in to clarify the role of those responsible for regulating advertisements in this area? On the face of things, part of Clause 5 looks otiose in that the existing advertising codes effectively prohibit sunbed operators from making claims about unproven health benefits in their advertisements. Am I right about that? I end by expressing the hope that the Bill reaches the statute book. As a means of protecting the young, especially those from deprived backgrounds, it is a public health measure of the greatest importance. The provisions of the Bill enjoy the support of the BMA, the Local Government Association and the Chartered Institute of Environmental Health, and they have been subject to consultation. I believe that the Bill will enjoy wide public acceptance. I therefore wish the noble Baroness, Lady Finlay, all success after today in taking it forward to its parliamentary conclusion.