Health Bill [Lords]

Will the hon. Lady allow me to make the case? That evidence would be needed to secure a conviction. While there has been a proxy purchasing offence for alcohol since November 2005, it is a difficult offence to prove, and the Home Office accepts that it is not being enforced as rigorously as we would like. I would also hesitate to place a new requirement on local authorities that would require them to observe shops and customers without significant benefits being achieved. Better enforcement of existing legislation is likely to be more effective than adding another offence that is difficult to enforce. I would also like to make a technical point about the wording of new clause 4, which appears to have been lifted directly from the Licensing Act 2003, and speaks of members of clubs and tobacco consumption "on relevant premises". We know that smoking inside premises open to the public, including members’ clubs, is no longer permitted under smoke-free legislation, so the wording will not work for the purpose for which it is intended. Purchasing tobacco with intent to supply young people is only one small part of a wider, more complex problem. Children are given cigarettes that have not been specifically purchased for them, they pass them on to one another at school, and they get them from vending machines. Our new tobacco control strategy will set out our plans on how we will tackle this complex problem. I can assure hon. Members that if it becomes clear that legislation would prove to be beneficial, I would indeed seek to make the case.