My Lords, I want to make it clear that I have no interest to declare on this Bill. I have never smoked and I have no investments in any tobacco company. However, it remains a fact that 20% of our nation smokes. That 20% expects someone at least to speak up for the implications for it of any legislation that we in Parliament propose.
Perhaps surprisingly, the first dimension of the amendment that I draw to the House’s attention is a constitutional one. I think many noble Lords will know that in another place I was Chairman of Ways and Means, and there one had to be very careful about constitutional innovations—I shall put it like that. This amendment is a constitutional innovation. Leaving aside the detail about the standard packaging for a moment, the broad framework of the amendment defines what the regulation is to be and says that the Secretary of State, not Parliament down at the other end, may make those regulations. We need to be quite clear about this. The amendment goes on to say, in new subsection (12):
“The Secretary of State must”—
not “may”—
“obtain the consent of the Scottish Ministers … the consent of the Welsh Ministers”,
and,
“the consent of the Office of the First Minister … in Northern Ireland”.
What it does not say is that the regulation needs to receive the consent of the House of Commons in the United Kingdom. Noble Lords may be very comfortable with that in relation to standard packaging, but I wonder whether they would be equally comfortable if it directly involved other packaged goods industries. One has in mind the sugar industry, the alcohol industry and the fizzy drinks industry, and there must be myriad others that interest groups outside would lobby to have contained or indeed restricted. I just put that on the record because it is a novel dimension to our constitution that I would like to have studied in a little more detail rather than have it sneaked in, if I may put it that way, in this Bill.
5.15 pm