My Lords, this is a genuinely deregulatory measure. It will repeal Section 148 of the Licensing Act 2003, which concerns the sale of liqueur confectionery to children. I have been surprised by the amount of correspondence I have had on this topic, and the number of different bodies which have been in touch with me. I am not really sure as yet why the Government feels the need to move to repeal this.
If there had been a meeting with the Government, I would have asked out of interest what burden was placed on industry because of the continuing presence of this regulation. I would have asked how many prosecutions there were because of this piece of legislation between 2005 and 2010, and how many between 2010 and 2012, and how many since the alcohol strategy was published in 2012. I would have asked why this change has come about, who wants it and for what purpose. I would have asked why there has not been a consultation with the public or with parents about this. I would then have looked at the information I was given, which seems to indicate that it is solely the producers and manufacturers who have asked for this change to be put in place. I would ask the Minister to confirm that my analysis is correct.
Would the Minister also agree that ethyl alcohol is not simply a drink, but it is also a drug? We talk about drink and drugs, but alcohol is a drug. It is one of the most addictive drugs if misused, and abuse has very serious consequences. That is why the Government have very extensive provisions in the 2003 Act to control the way it is sold and administered, and to prevent liquid alcohol being sold to those under 18.
There is a well held medical view that if one starts to drip-feed an addictive drug to young people it gathers momentum and they are, as night follows day, likely to be pulled further and further into the addictive process and into drinking more. In that
context, Section 146 in the 2003 Act is particularly relevant, because it prevents people selling liquid alcohol to those aged under 18.
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Alcohol, of course, can be presented, and is being presented these days, in an increasing number of ways to both adults and children. It can now be produced in powder form, and has been for some time. It can also be baked into confectionery, and is sold in that form in some parts of the world. People can get quite drunk from eating cake containing alcohol. That is not dissimilar from the way that many people used to add cannabis and marijuana to different products. Is the Minister aware that the clause which the Government wish to repeal is the only existing protection preventing alcohol being sold to children in other than liquid form? If I am wrong about that, I would be grateful if the Minister would correct me but my understanding is that that is the case.
Is the Minister aware that drink and food manufacturers are already adding increasing amounts of alcohol to an increasing number of their products? Does he know that alcohol is now being added to some ice cream and sorbets, and that vodka is now being added to ice cream by Smirnoff? I wrote to the noble Earl, Lord Howe, about this matter some time ago and asked whether the Government had had any discussions with their partners in the responsibility deal on the recent introduction of vodka sorbet in supermarkets. The noble Earl, Lord Howe, replied:
“The Department does not discuss individual products with producers or retailers”.—[Official Report, 26/9/14; col. WA 349.]
So it would appear that they can insert alcohol into a whole range of different products and sell them. The Government have no involvement whatever in that, nor have they indicated a wish to get involved. However, many of these products comprise items that children normally buy. I know of children who have purchased ice cream containing vodka. Those products may not contain a very high element of vodka. However, champagne truffles, for example, have an alcohol content in the order of 6% or 7% proof, which is higher than some beers which are 3% or 4% proof. A child is not permitted to purchase beer for very good reasons but under this legislation will be permitted to buy the confectionery I am discussing. Norman Baker MP was challenged about the possibility that this was a move in the wrong direction but responded:
“Liqueur chocolates are not seen as a risk to children because of the extremely low amounts of alcohol they contain. Children are more likely to be sick than get drunk from eating too many”.
That may be the case but, with respect, Norman Baker is not a medical authority on this topic. Some medical authorities have been in touch with me on this issue. I suggest that the Minister might check the view of Public Health England on children under the age of 18 having access to alcohol—admittedly in small amounts—and on what the effects of that might be in later life.
Will the Minister also check what government Chief Medical Officers have said on this topic? The former Chief Medical Officer—not the current one—stated that children under 16 should not in any way be
exposed to ingesting alcohol. He said under the age of 16, not 18—it is 18 in law. I have also had contact from the Office of the Children’s Commissioner. She has been concerned to see what the Government are doing. Have the Government sought her views and will they seek her views before we put this through?
I believe that for the best of reasons this looks like legislation that we can get rid of and that does not really matter. I believe that if we get rid of this legislation the Government will open up changes over a wider front than they have foreseen. They should be asking themselves why the drinks industry wants it. Why is it pressing for it, and where is it going? The Government should be asking themselves why they have not consulted the public and parents to see what they think about this. If they did, they would find they are making an error. I hope that before we get to Report some of these issues will have been addressed in all seriousness. I know this topic can be made a joke, but we are talking about the health and welfare of children in the future. If the Government proceed to repeal this, they will make a big mistake.