Chamber
Plenary, 27 Jan 2010
27 Jan 2010 · S3 · Plenary
Item of business
Tobacco and Primary Medical Services (Scotland) Bill: Stage 3
As far as what we are trying to do in the bill is concerned, the important thing is to denormalise tobacco as a product—to make it something that is not seen as soon as people go into a shop. At the moment, when people go into a shop, the first thing that they see is a massive gantry.
The increase in the size of gantries was a response to the Tobacco Advertising and Promotion Act 2002. Since that legislation was introduced, gantries have increased in size by 50 per cent. That is a classic illustration of the tobacco industry's response. It has spent a fortune on clever packaging that might display the phrase that Mary Scanlon mentioned, but which also incorporates holograms and uses ultra slim packs. The industry also produces note pads that people can use. A variety of ancillary things have been developed that promote smoking.
Amendment 29 would give trading standards officers the power to prevent new, subtle forms of advertising that, under TAPA, might not lead to a procurator fiscal taking action for a criminal offence. Amendment 29 would make such advertising an offence, which is important not just in tightening the legislation but in making it easier to implement as part of the continuing relationship between trading standards officers and retailers. By agreeing to amendment 29, we can tighten the bill, simplify its implementation and, for the first time in a generation, ensure that we are one step ahead of the industry rather than always reacting to it. I hope that members will see fit to support amendment 29.
I lodged a supplementary amendment—amendment 29A—after discussions with the Government, which I know has concerns about the bill being challenged. We should not hold our breath—it may well be challenged, whatever happens. The inclusion of the phrase "cigarette lighters" would leave the bill open to the possibility of challenge. That is why I sought permission to lodge amendment 29A.
The increase in the size of gantries was a response to the Tobacco Advertising and Promotion Act 2002. Since that legislation was introduced, gantries have increased in size by 50 per cent. That is a classic illustration of the tobacco industry's response. It has spent a fortune on clever packaging that might display the phrase that Mary Scanlon mentioned, but which also incorporates holograms and uses ultra slim packs. The industry also produces note pads that people can use. A variety of ancillary things have been developed that promote smoking.
Amendment 29 would give trading standards officers the power to prevent new, subtle forms of advertising that, under TAPA, might not lead to a procurator fiscal taking action for a criminal offence. Amendment 29 would make such advertising an offence, which is important not just in tightening the legislation but in making it easier to implement as part of the continuing relationship between trading standards officers and retailers. By agreeing to amendment 29, we can tighten the bill, simplify its implementation and, for the first time in a generation, ensure that we are one step ahead of the industry rather than always reacting to it. I hope that members will see fit to support amendment 29.
I lodged a supplementary amendment—amendment 29A—after discussions with the Government, which I know has concerns about the bill being challenged. We should not hold our breath—it may well be challenged, whatever happens. The inclusion of the phrase "cigarette lighters" would leave the bill open to the possibility of challenge. That is why I sought permission to lodge amendment 29A.
In the same item of business
The Presiding Officer (Alex Fergusson):
NPA
The next item of business is stage 3 proceedings on the Tobacco and Primary Medical Services (Scotland) Bill. For dealing with the amendments, members should...
Section 1—Prohibition of tobacco displays etc
The Presiding Officer:
NPA
Group 1 is prohibition of tobacco displays et cetera. Amendment 4, in the name of Mary Scanlon, is grouped with amendments 29, 29A, 30, 5, 6, 31, 32, 7 to 10...
Mary Scanlon (Highlands and Islands) (Con):
Con
We all agree on the link between smoking and poor health, and we all agree on the fact that the younger that people start smoking, the more acute their healt...
Dr Richard Simpson (Mid Scotland and Fife) (Lab):
Lab
I draw members' attention to my membership of the Royal College of General Practitioners and the British Medical Association, in case that is relevant.Amendm...
Margo MacDonald (Lothians) (Ind):
Ind
Is there evidence to show how a campaign to reduce smoking among young people should be presented to achieve a successful result? Should smoking be presented...
Dr Simpson:
Lab
As far as what we are trying to do in the bill is concerned, the important thing is to denormalise tobacco as a product—to make it something that is not seen...
Ross Finnie (West of Scotland) (LD):
LD
On section 1, Mary Scanlon has been entirely consistent in her argumentation at all stages of the bill, especially in committee. The Liberal Democrats' posit...
Jackie Baillie (Dumbarton) (Lab):
Lab
Labour, too, opposes all of Mary Scanlon's amendments. We do so because we are persuaded that point-of-sale displays are becoming increasingly important to m...
The Minister for Public Health and Sport (Shona Robison):
SNP
I am encouraged by the fact that all parties agree that firm action is required to prevent children and young people from becoming smokers. The tobacco displ...
The Presiding Officer:
NPA
I call Mary Scanlon to wind up and either press or withdraw amendment 4.
Mary Scanlon:
Con
I was sympathetic to Richard Simpson's amendments but, when I read what the briefings said about overly complicating the bill, I decided that it would be a m...
The Presiding Officer:
NPA
The question is, that amendment 4 be agreed to. Are we agreed?
Members:
No.
The Presiding Officer:
NPA
There will be a division. I suspend the meeting for five minutes.
Meeting suspended.
On resuming—
The Presiding Officer:
NPA
We will proceed with the division.
ForAitken, Bill (Glasgow) (Con) Brocklebank, Ted (Mid Scotland and Fife) (Con) Brown, Gavin (Lothians) (Con) Brownlee, Derek (South of Scotland) (Con) Carlaw...
The Presiding Officer:
NPA
The result of the division is: For 14, Against 103, Abstentions 0.
Amendment 4 disagreed to.
After section 1
Amendment 29 moved—Dr Richard Simpson.
Amendment 29A moved—Dr Richard Simpson—and agreed to.
The Presiding Officer:
NPA
The question is, that amendment 29, as amended, be agreed to. Are we agreed?
Members:
No.
The Presiding Officer:
NPA
There will be a division.
ForAlexander, Ms Wendy (Paisley North) (Lab) Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Baker, Richard (North East Scotlan...
The Presiding Officer:
NPA
The result of the division is: For 60, Against 60, Abstentions 0. I will therefore use my casting vote. In this case, the status quo is the bill, and the ame...
Amendment 29, as amended, disagreed to.