I believe it is being conducted this year, but I will check that and come back to my noble friend and all other Members of the Committee, because I know there is significant concern on that point.
On the timing of the restrictions on television, Ofcom research suggests that children’s viewing peaks in the hours after school, with the largest number of child viewers concentrated between 6 pm and 9 pm. In
this period, half of children’s viewing takes place during adult commercial programming. We do not therefore believe that introducing advertising restrictions only on the weekend is sufficient to meet our policy objectives.
We are committed to ensuring that businesses are supported now and when the regime comes into force. We will, of course, consult on the secondary legislation and guidance, which should give stakeholders more clarity. However, in response to Amendments 245, 255, 256, 257 and 317, we believe that the overall policy direction has been set out effectively and we do not think that there is a need to add the kind of gap between publication of final guidance and implementation, as proposed by my noble friend’s amendment.
In response to Amendments 249A, 252A and 257A, I can assure your Lordships that we will conduct a post-implementation review five years after implementation. This is intended to be based on the variables set out in the impact assessment, published in June 2021. However, the Government believe that further tying down of the criteria at this stage would be counterproductive. We will also use this opportunity to look at any displacement of advertising to other media not covered by the restrictions, such as outdoor advertising.
However, in response to Amendment 244A, there is insufficient evidence at this stage of the influence of further national advertising restrictions in other media on calorie consumption in children, which is why these restrictions focus on TV and online only. We would also advise against adding a sunset clause, as it would pre-empt this evaluative work and could undermine compliance. We have heard quite a bit from noble Lords about the need for certainty on the Government’s approach in this area. I say to my noble friend that a sunset clause on these regulations would undermine that case.
2.15 pm
I turn now to the amendments in the name of my noble friend the Minister, on behalf of the Government. These amendments are intended to enable the smooth implementation of these restrictions.
Amendment 316 would allow Clause 144 and Schedule 17 to be commenced two months after Royal Assent, thereby allowing the necessary preparatory work to take place before the restrictions come into force on 1 January 2023. Amendments 246, 249 and 253 make it clear that the implementation dates for these restrictions nonetheless remains 1 January 2023. Amendments 249, 252 and 254 separately introduce the ability to delay that implementation date via secondary legislation, should this be deemed necessary after the Bill receives Royal Assent. We have taken this decision to provide flexibility should emerging challenges mean that implementation from 1 January 2023 proves unworkable. However, I should emphasise that we currently have no plans to delay the introduction of these restrictions.
I turn to a number of other amendments in this group, starting with Amendments 257C and 254AA, on consultation with the devolved Administrations. I remind noble Lords that tackling obesity is a UK-wide challenge, and the Government are committed to working with all four nations on this. As these restrictions
relate to the reserved matters of broadcasting and internet services, we are legislating on a UK-wide basis. As such, amendments calling for the Secretary of State to obtain the consent of the devolved Administrations to make amendments to this legislation via regulations, to specify in regulations exemptions to the online advertising prohibition or to make consequential amendments that might be needed following the passage of the Bill are inappropriate and may hinder the effectiveness of the Government’s ability and power to regulate on these matters. However, as we do in so many other areas of policy, we expect to continue to work with all devolved Administrations on the implementation of these matters.
In respect of Amendments 254AB and 254AC, the Government believe that the current approach to the legislation provides safeguards and appropriate levels of parliamentary scrutiny, but also enables regulations of a technical or administrative nature to be brought into force quickly following consultation. This will ensure that the regime remains up to date and that any proposed regulations are appropriately scrutinised by Parliament.
Turning to Amendment 297C, on the office for health promotion, I would like to thank all noble Lords who were part of that committee for their work. Their recently published report makes a number of recommendations, some of which we see in the amendment today. The Government are carefully considering these recommendations and will publish their response in due course.
However, we do not believe that a new course is necessary; the Office for Health Improvement and Disparities already has a significant role to influence, advise and work with government—national and local—and the NHS on matters of health improvement. OHID is working constructively with other government departments, the NHS and local authorities to ensure that our approaches to promote physical activity across the population are informed by the best available evidence and practice. We are refreshing the physical activity framework Everybody Active, Every Day, which can help enable people to accrue the positive physical and mental health benefits of moving more.
I note that the noble Baroness, Lady Grey-Thompson, asked for a meeting to discuss these proposals further. I will take that away—I am sure the Government would be very pleased to discuss the findings of that report in more detail.