Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2011

My Lords, I am not going to repeat what the noble Lord, Lord Borrie, has said, other than to say that I agree 100 per cent with what he has put before your Lordships’ House. I will add a couple of points. It has to be the right of any manufacturer in this country who is trading a lawful product to consult the Government of the day, the Ministers responsible for their industry, and equally members of the Opposition and all Members of Parliament and of the House of Lords, MEPs, et cetera. That has to be its legitimate right, and I hope nobody is suggesting that some civil servant is going to refuse to communicate with this particular industry. It is a legitimate industry at this point; it has the right to trade. These proposals, albeit at a short delay, are still a restraint to trade for our retail businesses. I had nearly 30 years in advertising and marketing, and one of the things your Lordships’ House recognises is skill and experience across whole walks of life. I dealt with a great number of branded goods in all sorts of different fields, some of which were sensitive areas. There is no evidence that having a ban on displays does anything for consumption. What it does do is prevent the consumer from deciding to change brands if they so wish. There is no firm evidence, and it is no good anybody shaking their heads—as the noble Lord, Lord Borrie, has said, the work that has been done in Canada, Iceland and the other places is all peripheral: it would not stand up to the slightest bit of analysis in any other scientific area. I say to my noble friend that while I am pleased there is a short delay, I hope very much that the Government will think again in this period and certainly not think about plain packaging, which frankly would bring the whole of the package industry down on the neck of the Government and quite rightly so.