Health Bill [Lords]

We are not running away—we are saying that we are going to do better. I want to assure hon. Members that I very much understand the problem at hand. I urge them not to press their new clauses, and I look forward to the new tobacco control strategy, which will be far more comprehensive. The provisions in the Bill seek to restrict or ban tobacco vending machines. The question before the House is how far it wants to go and how fast. These are finely balanced considerations which reflect the strength of feeling on this issue. To clarify, amendments 2 and 9 would compel the national authorities of England, Wales and Northern Ireland to make regulations on vending machines under clauses 22 and 23. It is not possible to accept amendments 2 and 9, which would change the wording from "may" to "shall", as the word "shall" would place a legal obligation on the appropriate national authority to regulate. The adoption of regulations would be subject to parliamentary approval. If Parliament or the relevant Assembly refused to approve any regulations that were laid, the appropriate national authority would be faced with a continuing obligation to try and make regulations, knowing that Parliament is unlikely to approve them. That would create legal uncertainty and the prospect of continuing legal challenge for not having made regulations. Amendments 4 and 10, too, would create legal uncertainty, as the circumstances in which the powers could be used in those amendments are unclear. Amendments 17 and 18 seek to restrict the location of vending machines to areas used by over-18s. In practice, matters are not so straightforward, as places that are for over-18s in the evening may be open to young people during the day. The remaining amendments tabled by my right hon. Friend the Member for Makerfield (Mr. McCartney) and by the hon. Member for Colchester (Bob Russell) would seek an outright ban on vending machines in England, Wales and Northern Ireland. The Government remain seriously concerned about young people accessing tobacco from vending machines. Currently they are the usual source of cigarettes for 10 per cent. of 11 to 15-year-olds who say they smoke. We have heard a range of arguments about how far we should go to control access to vending machines. We know one thing for sure: the evidence for action is clear. The Government believe that we can place requirements on vending machines that will be effective, proportionate and deliverable in preventing under-age sales and balance the views of all concerned. However, I ask right hon. and hon. Members not to press amendments 2, 4, 9, 10, 17 and 18. On the remaining amendments, I note that my right hon. Friend may wish to test the will of the House. New clause 6, tabled by my right hon. Friend the Member for Holborn and St. Pancras (Frank Dobson), would compel the Secretary of State to require all tobacco companies to release information about their marketing and research activities. I appreciate the sentiment behind the amendment, but before the Government could implement such a measure, we would need to consider carefully the burdens placed on business and Government alike, confidentiality, proportionality and, most importantly, its effectiveness. On balance, we cannot accept the amendment, so I ask my right hon. Friend to not to press new clause 6. New clause 7 would compel the Secretary of State to consult on the introduction of plain packaging requirements or restrictions on the branding on packaging. I have sympathy with the aims of the amendment. We have already stated that the Government will continue to keep tobacco packaging under close review. There is emerging evidence that branding and design of tobacco packaging may increase brand awareness among young people. The new strategy on tobacco control will consider a range of options for protecting children and people who smoke from misleading or promotional messages and packaging, and we will ensure that the evidence, which is still wanting, on plain packaging is further developed. On that basis, I ask the hon. Member for Romsey (Sandra Gidley) not to press new clause 7. The Government remain committed to cutting preventable death and disease from smoking. I sincerely hope that the votes tonight will back us up in our efforts.