Health Bill [Lords]

With this it will be convenient to discuss the following: new clause 4—Purchase of tobacco on behalf of children— ‘After section 7(2) of the Children and Young Persons Act 1933 (c. 12) (sale of tobacco, etc, to persons under (eighteen)) insert— ““2A Purchase of tobacco on behalf of children (1) A person commits an offence if— (a) he buys or attempts to buy tobacco on behalf of an individual aged under 18, or (b) where he is a member of a club, on behalf of an individual aged under 18 he— (i) makes arrangements whereby tobacco is supplied to him or to his order by or on behalf of the club, or (ii) attempts to make such arrangements. (2) A person (““the relevant person””) commits an offence if— (a) he buys or attempts to buy tobacco for consumption on relevant premises by an individual aged under 18, or (b) where he is a member of a club— (i) by some act or default of his, tobacco is supplied to him, or to his order, by or on behalf of the club for consumption on relevant premises by an individual aged under 18, or (ii) he attempts to have tobacco so supplied for such consumption. (3) Where a person is charged with an offence under paragraph (1) or (2) it is a defence that he had no reason to suspect that the individual was aged under 18. (4) A person guilty of an offence under this subsection is liable on summary conviction— (a) in the case of an offence under paragraph (1), to a fine not exceeding level 3 on the standard scale, and (b) in the case of an offence under paragraph (2), to a fine not exceeding level 5 on the standard scale.””’. New clause 6— Disclosure of tobacco industry promotional and research activity— ‘(1) The Secretary of State shall make regulations to require a business which in the course of its activity sells a tobacco product or causes one to be sold to disclose details of its marketing and research activities. (2) Disclosure shall consist of but is not limited to— (a) the total amount spent on distribution, advertising and selling costs deducted from corporation tax; (b) distribution costs; (c) promotional allowances at retail; (d) competition prizes at retail; (e) tobacco display gantries at retail; (f) speciality item distribution; (g) brand development; (h) packaging design; (i) online marketing activity; (j) advertising in specialist trade press; (k) corporate social responsibility activities; (l) market research; (m) product research; and (n) any other marketing and research activity which represents more than 5 per cent. of the total spending by the business. (3) The Secretary of State shall make regulations to require disclosure of information and results from all market research and scientific research conducted by the businesses specified in subsection (1) in relation to tobacco products by type of product. (4) The Secretary of State shall require all information required by subsections (1) and (3) to be submitted on a quarterly basis by businesses specified in subsection (1) and shall, within three months, publish a report aggregating the data. (5) A person who does not comply with regulations under this section shall be guilty of an offence. (6) The provisions of section 13 (Enforcement), 14 (Powers of entry, etc), 15 (Obstruction, etc of officers) and 16 (Penalties) of the Tobacco Advertising and Promotion Act 2002 shall apply to this section.’. New clause 7— Restrictions on tobacco packaging— ‘Within six months of the passing of this Act, the Secretary of State shall set out guidance for consultation with appropriate stakeholders on regulations prohibiting or restricting the use of logos, colours, brand images or promotional information on tobacco packaging other than brand names and product names displayed in a standard colour and font style.’. Amendment 1, page 23, line 31, leave out clause 21. Amendment 16, clause 21, page 24, line 15, at end insert— ‘(2) No offence is committed under section 7A if— (a) the products are displayed at a place where tobacco products are offered for sale, (b) the display is of one packet only of each tobacco product which is offered for sale, (c) the display is no greater than 1.5 square metres in size, and (d) the display complies with such requirements as may be specified in regulations.’. Amendment 2, clause 22, page 26, line 3, leave out ‘may’ and insert ‘shall’. Amendment 4, page 26, line 4, after ‘prohibiting’, insert ‘in certain circumstances’. Amendment 5, page 26, line 4, leave out ‘or imposing requirements in relation to’. Amendment 6, page 26, leave out lines 6 to 10. Amendment 17, page 26, leave out lines 7 to 10 and insert— ‘requirements as to the location of any automatic machine for the sale of tobacco which would prevent access to, or purchase of, tobacco by any person aged under 18.’. Amendment 7, page 26, line 12, leave out ‘or requirement’. Amendment 8, page 26, line 13, leave out ‘or requirement’. Amendment 9, clause 23, page 27, line 12, leave out ‘may’ and insert ‘shall’. Amendment 10, page 27, line 12, after ‘prohibiting’, insert ‘ in certain circumstances’. Amendment 11, page 27, line 12, leave out ‘or imposing requirements in relation to’. Amendment 12, page 27, leave out lines 15 to 19. Amendment 18, page 27, leave out lines 16 to 19 and insert— ‘requirements as to the location of any automatic machine for the sale of tobacco which would prevent access to, or purchase of, tobacco by any person aged under 18.’. Amendment 13, page 27, line 21, leave out ‘or requirement’. Amendment 14, page 27, line 22, leave out ‘or requirement’