Criminal Justice and Immigration Bill: Committee Stage
Lord Faulkner of Worcester moved Amendment No. 177B:
Clause 194, page 140, line 33, at end insert—
“(4) After section 17 (interpretation of Part 1) insert—
“17A Report to Parliament
Within one year of the commencement of section 194 of the Criminal Justice and Immigration Act 2008, the Secretary of State shall lay a report before both Houses of Parliament on the effectiveness of arrangements for preventing tobacco offences being committed against persons under the age of 18.””
The noble Lord said: With this last non-government amendment, we are very nearly at the end of Committee stage of this Bill. I must congratulate my noble friends on the Front Bench on timing the discussions of these clauses on tobacco control on national No Smoking Day. The fact that that has gone otherwise unremarked in this House indicates the success of the measures in the Health Act 2006. There are one or two veterans of that campaign—one on one side and a couple more with me—who are applauding the legislation which went through and which is proving to be such an enormous success.
The indications are that the prevalence of tobacco smoking is generally falling. However, as we have heard in these very interesting recent debates, there is still a substantial problem of smoking by under-age children, which is what I would call them. They are certainly young people and the number of young people who have their first experience of smoking as a child is very high. We must remember that if your first experience of smoking is as a child, the likelihood is that you will stay smoking, because 82 per cent of adult smokers say that they started smoking as teenagers.
We also know that there are huge numbers of under-16s who successfully buy cigarettes. Something like half of under-16s bought cigarettes during 2003. Yet—this is the reason for my amendment—there were only 117 prosecutions in England and Wales for selling cigarettes to under-age people. As we have heard, there are around 65,000 tobacco retailers and I have a concern about the measures in the Bill on this subject. If the number of prosecutions is so small, it will be difficult effectively to implement these very important provisions, which I wholeheartedly support. Unless we know what the impact of those orders is, how will the Government monitor how successful they are?
Clause 194, page 140, line 33, at end insert—
“(4) After section 17 (interpretation of Part 1) insert—
“17A Report to Parliament
Within one year of the commencement of section 194 of the Criminal Justice and Immigration Act 2008, the Secretary of State shall lay a report before both Houses of Parliament on the effectiveness of arrangements for preventing tobacco offences being committed against persons under the age of 18.””
The noble Lord said: With this last non-government amendment, we are very nearly at the end of Committee stage of this Bill. I must congratulate my noble friends on the Front Bench on timing the discussions of these clauses on tobacco control on national No Smoking Day. The fact that that has gone otherwise unremarked in this House indicates the success of the measures in the Health Act 2006. There are one or two veterans of that campaign—one on one side and a couple more with me—who are applauding the legislation which went through and which is proving to be such an enormous success.
The indications are that the prevalence of tobacco smoking is generally falling. However, as we have heard in these very interesting recent debates, there is still a substantial problem of smoking by under-age children, which is what I would call them. They are certainly young people and the number of young people who have their first experience of smoking as a child is very high. We must remember that if your first experience of smoking is as a child, the likelihood is that you will stay smoking, because 82 per cent of adult smokers say that they started smoking as teenagers.
We also know that there are huge numbers of under-16s who successfully buy cigarettes. Something like half of under-16s bought cigarettes during 2003. Yet—this is the reason for my amendment—there were only 117 prosecutions in England and Wales for selling cigarettes to under-age people. As we have heard, there are around 65,000 tobacco retailers and I have a concern about the measures in the Bill on this subject. If the number of prosecutions is so small, it will be difficult effectively to implement these very important provisions, which I wholeheartedly support. Unless we know what the impact of those orders is, how will the Government monitor how successful they are?
I am a little overwhelmed by the degree of support for the amendment from all parts of the Committee, including from my old friend the noble Lord, Lord Monson, who quite rightly said that the wording is not perfect. I accept that immediately. If I were to continue with the amendment, I would talk to him about changing it. However, in view of the undertaking that my noble friend has given about a review after two years, I do not intend to do that.
I would like to impress on the Government the importance of making it clear to trading standards officers and magistrates that the sale of tobacco to children and under-18s is a serious offence. It causes social mischief and creates a health hazard. The message has to go out from the Department of Health that this is unacceptable and that the department wants to see it stopped. Unless we can deal with the problem before people become addicted to this dreadful drug, the prevalence of tobacco will continue to be at a high level. In thanking everybody who took part in the debate and taking on board the assurances given by my noble friend, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
© Lords Hansard 12 March 2008
I would like to impress on the Government the importance of making it clear to trading standards officers and magistrates that the sale of tobacco to children and under-18s is a serious offence. It causes social mischief and creates a health hazard. The message has to go out from the Department of Health that this is unacceptable and that the department wants to see it stopped. Unless we can deal with the problem before people become addicted to this dreadful drug, the prevalence of tobacco will continue to be at a high level. In thanking everybody who took part in the debate and taking on board the assurances given by my noble friend, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
© Lords Hansard 12 March 2008