My Lords, I appreciate the intent behind these regulations and thank the Minister for his introduction to them. I want to comment on the current situation and raise a number of questions following on from those that we have already heard, because I feel that it is the detail of the regulations that is wanting rather than what they are about.
To emphasise the points that have already been made in this debate and have been heard in your Lordships’ House on many occasions, the UK has among the highest childhood obesity rates in western Europe. One in four children is overweight or obese when starting primary school, and the number is one in three by the time a young person gets to secondary school. These children are obviously more likely to become obese adults—let us remind ourselves that, at present, one in four adults is obese—and therefore at greater risk of conditions such as diabetes, heart disease, fatty liver disease, cancers and mental ill-health. As we know, the situation is worse in poorer communities. Indeed, one in three adults in the most deprived areas is obese, compared with one in five in the least deprived—a clear inequality if ever we saw one. The discrepancy among children is even more alarming: more than twice as many children are obese in the most deprived communities as in the least, and that gap has nearly doubled under this Government.
There is no doubt that in-store promotions are incredibly effective in influencing what we buy. Research shows that we buy 20% more than we intended when faced by promotions. Cancer Research UK has shown that greater volumes of high fat, sugar and salt are likely to be purchased by those who are already overweight or living with obesity, so we see a correlation between promotions and obesity, and it is right that these regulations seek to tackle that. So, yes, it is right to take action to address this situation, not by limiting people’s freedom of choice but instead by supporting them to make healthier choices.
However, these regulations alone will not be enough, and it is this point that I want to emphasise to the Minister. We need a radical obesity strategy that goes much further, ensures that families are able to access healthy food and supported local leisure facilities, and ensures that poverty can be tackled. Without that, there will be no levelling up. All we will see is a continuing widening of the already considerable gap between those who have the means to manage their weight and those who do not.
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There are some specific angles that I would like to draw to the attention of the Minister with regard to these regulations. Can he advise why this policy is being introduced by secondary legislation when MPs were given the opportunity to debate and, crucially, to amend related obesity policies on junk food advertising just last night? Why could this not have been done in the Health and Social Care Bill? Does he accept that that would have allowed for rather more scrutiny and would have allowed your Lordships’ House to vote on additional safeguards, rather than the procedure afforded to us here, which could be described as the “take it or leave it” procedure? What is the Minister’s view on the Secondary Legislation Scrutiny Committee’s comment that these regulations should contain a sunset clause to allow the policy to be evaluated effectively after a period of time?
Looking to enforcement, as we know, these regulations will be enforced by local authorities. Their budgets have been systematically cut over the past 11 years. What assessment has been made of the capacity of local authority trading standards to enforce any of
this? Will additional funding and resources be provided in respect of this new and more intense role? Otherwise, we are passing regulations with all the right intent but without the means to deliver.
With regard to exemptions on promotions, can the Minister explain why the new rules on promotions apply only to medium and large businesses, and why corner shops are exempt from these regulations? This was raised and illustrated by my noble friend Lord Brooke. We understand the placement exemption because we all understand that it would be impossible for small retailers where every shelf is near an exit, an entrance or a till, but why does it apply to promotions? Why is it more onerous for small businesses than for medium-sized businesses or franchises not to provide a three-for-two or a buy one, get one free? It would be helpful if the Minister could advise us why smaller businesses have not been fully taken into account.
On timing—this was referred to by the noble Baroness, Lady Neville-Rolfe—businesses have had to grapple with the need to reconfigure space for social distancing to make them Covid-secure for staff and customers. Now, they must undergo a further configuration, still within Covid-secure measures, and perhaps another reconfiguration when Covid-secure policies are no longer needed. Can the Minister say what consideration has been given to this when discussing and deciding the timeline for implementing the placement regulations with the industry? Can he advise the Committee of when the guidance will finally be published?
With regard to the scoring system on high fat, sugar and salt, some experts have raised concerns that the food classification system used is outdated and that foods that are higher in fat get disproportionately penalised compared with those that are packed with sugar, which are less satiating and where evidence suggests the real obesity problem lies. Can the Minister advise what consideration the Government have given to this and what plans there are to review the impact of this policy on obesity, specifically with regard to the classification system for high fat, sugar and salt?
The Minister will be aware of existing concerns that some brands have deliberately marketed products as healthy despite what they really are. Indeed, some refined sugar-free bars contain more sugar than a chocolate bar. Research from Bite Back 2030 found that 57% of “health halo” foods surveyed would receive a colour-coded nutritional information label. Can the Minister confirm whether these will be captured by the regulations? What steps are the Government taking to help consumers to navigate packaging information and to clamp down on deliberate and dishonest marketing tactics used to encourage people to consume faux-healthy junk food products?
I note that the retail food and drink sector has committed to delivering the proposals, but that sector needs to be a partner in tackling obesity. It is disappointing that there are so many questions about the drafting of the regulations, which do not appear to enable this. I hope that the Minister will reflect on that and do what he can to put it right.