My Lords, I thank both noble Baronesses who have spoken on this issue. I was slightly surprised to see this amendment as it is something that perhaps has been, and no doubt will be, considered in debates on the Children and Families Bill. There was also last Thursday’s Urgent Question, but that was more specific on the issue of standardised tobacco packaging, which I am sure the House will deal with in its own way at the appropriate time.
We in this Committee and in the wider House can all agree that it is wrong for people to buy tobacco on behalf of children and young people; that was a point well made by the noble Baroness, Lady Thornton. We totally acknowledge that smoking is an addiction which unfortunately begins largely in childhood and adolescence, with peer pressure, friends or whatever encouraging people to take it up. Almost two-thirds of current and ex-smokers in England say that they started smoking regularly before the age of 18.
Part of our comprehensive tobacco control plan for England, which was published in 2011, was therefore focused on reducing the numbers of young people taking up smoking. The plan also includes a national ambition to reduce smoking among young people in England to less than 12% by 2015. As a result of decades of tobacco control, rates of smoking among young people have reduced considerably to around 10%, according to the most recent figures. I am sure that we have all noticed the practice of reducing smoking and prohibiting it in places such as restaurants.
I remember as a child seeing smoking on trains and undergrounds, which we would be appalled by in this modern age. Restricting and prohibiting smoking has led to a reduction of it in society in general.
However, the take-up of smoking by young people continues to be a problem. It is estimated that more than 300,000 young people under the age of 16 in England try smoking for the first time each year. Reducing access to tobacco by children and young people remains a high priority for the Government and we are determined to reduce further the smoking rates among young people.
As for the sale of tobacco, we know that the majority of retailers are law-abiding and conscientious in how they conduct their sales. I acknowledge the important role they play in ensuring that legitimate tobacco products are sold in accordance with the law, including by being rigorous in refusing sales to young people under the age of 18. I realise that this can be difficult and I understand why some noble Lords and some retailers feel that it should be an offence to buy tobacco on behalf of under-18s. However, as the noble Baroness, Lady Crawley, said, we need to consider carefully whether creating a new offence of proxy purchasing is the right way forward at this time.
The supply of tobacco to children and young people is not a straightforward issue. A new offence of proxy purchasing would not necessarily tackle the wider problem of the supply of cigarettes because children and young people get them from a range of sources, not just from retailers. For example, many children and young people who smoke obtain their cigarettes from their parents or other members of the family—it is tragic but it does happen—or from friends or people they may socialise with who are over the age of 18. Buying single cigarettes in the school playground happens in certain parts of the country. A proxy purchasing offence would do nothing to stop these issues.
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We also need to look at the practicalities of enforcing a proxy purchasing offence. Enforcement of most tobacco control legislation, including the current law on the age of sale, is—as the noble Baroness, Lady Crawley, pointed out—the responsibility of local authority trading standards officers. On the previous amendment my noble friend Lady Hamwee asked whether the Government have been speaking to the Trading Standards Institute. The Trading Standards Institute is broadly supportive of any measures to limit access to tobacco by young people. However, it has also told us that the experience of enforcing the proxy purchasing offence for alcohol suggests that it would be difficult for a similar offence for tobacco to be applied effectively. Enforcement would be resource-intensive for local authorities, particularly because of the burden of proof that would be required for a successful prosecution.
There are already considerable pressures on local authority trading standards officers and it can be difficult to prove the offence of proxy purchasing. Effective enforcement requires surveillance of shopper and retailer behaviour and is time-consuming. However, when this issue was debated recently in the other place, my colleague the Minister for Public Health, Jane Ellison, said—and I repeat that offer—that she would be happy
to hear the views, as she said, of Members, and I am sure of all noble Lords, about the local authorities they are dealing with on this issue, particularly on the issue of enforcement.
I can assure noble Lords that the Government are not complacent about smoking by young people. I will give some examples of the actions we are taking. Since April 2012, supermarkets can no longer have permanently open displays of tobacco products; and in April 2015 this will apply in all shops and anywhere else selling tobacco to the public. Tobacco can no longer be sold from vending machines in England. This has removed an easily accessible source of underage sales. It was estimated that in England about 35 million cigarettes were being sold to people under the age of 18 every year from vending machines. We also continue to run hard-hitting marketing campaigns, including Stoptober. In June and July 2013, we ran a television-led marketing campaign to encourage smokers to protect their families, particularly their children, from second-hand smoke by not smoking in the home or family car. Since January, we have distributed more than half a million Quit Kits—our local stop smoking services are among the best in the world. Smokers trying to quit do better if they use these kits. To discourage smoking, we have some of the highest priced tobacco in Europe and will carry on reviewing our tax policy in this regard. Of course, we fully support the smoke-free legislation passed in the Health Act 2006, which is proving to be both popular and effective in reducing smoking-related illnesses.
The noble Baronesses, Lady Thornton and Lady Crawley, both referred to Scotland. A proxy purchasing offence has been in place there since 2011. I assure noble Lords that we are keeping a close eye on how this is being implemented. It is one of a number of changes made as Scotland brought in its registration scheme for tobacco retailers. The Scottish Government, who we have talked to about this issue, say they do not currently hold any information about the numbers of convictions or, as yet, any evaluation of the effectiveness of the new offences. As I said, however, this is an open and live dialogue. The noble Baroness, Lady Crawley, also talked about resources. She is right to raise this issue, but it is very much a matter for local authorities to decide what resources they wish to put into enforcing trading standards.
Finally, while the Government want to take all appropriate action to ensure that cigarettes do not reach those under the age of 18, we remain to be convinced that a new offence of proxy purchasing is, in itself, the answer to stopping smoking by children and young people. This issue is driven primarily by the effectiveness of enforcement. Having illustrated some of the initiatives we are taking, and restated that we wish to hear about the experiences and ideas on how this matter can be tackled of all who are concerned about this issue, I hope that the noble Baroness is minded to withdraw this amendment.