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Chamber

Meeting of the Parliament 01 December 2015

01 Dec 2015 · S4 · Meeting of the Parliament
Item of business
Health (Tobacco, Nicotine etc and Care) (Scotland) Bill: Stage 1

Since becoming an MSP, I have taken a keen interest in reducing the harm that smoking causes. In July 2001, I proposed a regulation of smoking bill, with the strong support of Dr Richard Simpson, Bill Aitken and Robert Brown. Subsequently, after 2003, the proposal was taken forward by Stewart Maxwell and, eventually, the Scottish Executive, which ultimately led to the smoking ban being implemented in 2006.

For many years, I have been a deputy convener of the cross-party group in the Scottish Parliament on tobacco and health, which is led energetically and enthusiastically by Willie Rennie and which aims to tackle the harm caused by tobacco use in Scotland, because it is an issue that has not gone away. We heard from the convener of the Health and Sport Committee how many people still become ill and die because of tobacco use.

Behaviours and attitudes in relation to tobacco and smoking have varied wildly over the years. Earlier today, I watched a programme on the BBC iPlayer entitled “Timeshift: the Smoking Years”, which charted the history of tobacco use in the UK and explained the initial hostility to tobacco through to its widespread use and mass consumerism, class status, addiction, medical concerns and modern public smoking bans. It is clear that despite the long history of, and our familiarity with, the smoker, our attitudes to tobacco and smoking continue to evolve, along with our understanding of the drug, how it is marketed and its health and economic effects.

Despite overwhelming evidence that smoking directly causes heart disease, cancers and a host of other life-threatening illnesses, smoking remains the biggest cause of preventable death in Scotland. We know that only young people taking up smoking allows the tobacco companies to continue to be able to market it, as older users either pass away or give up the habit.

I am pleased to say that, because of the smoking ban and other measures, the number of adults who identify as smokers continues to fall in Scotland and has dropped from 28 per cent of the population a decade ago to 22 per cent last year. That is heartening, and I understand that many smokers smoke less than they did before, which is undoubtedly because there are more restrictions on the places where they can smoke. That represents solid progress towards the ambition of the Scottish Government—and, I believe, everyone in the chamber—of establishing Scotland as a smoke-free nation by 2034. As Jenny Marra said, we hope that, under that ambitious target, less than 5 per cent of the population will smoke.

As we are aware, when Government intervention closes down certain avenues or restricts how tobacco products are sold and marketed, the ever-innovative tobacco industry reacts in creative ways to protect its margins. Tobacco companies are still pushing wholesale and unadulterated marketing in developing countries. They claim that they are interested only in getting people to switch brands rather than in encouraging younger people to smoke, but anyone who looks at what is happening overseas can see that that is fundamentally dishonest.

When advertising displays were banned, companies massively increased the variety of cigarettes that they sold, so that their brands took up entire shelves behind kiosks. When smoking in public was banned, some companies even tried to relaunch snuff as a product to be enjoyed socially. They were somewhat unsuccessful in their attempts, but my wife, who is an MP, tells me that snuff is still free to members of the House of Commons—I see that the minister is smiling, as her son is also a member of the Westminster Parliament.

In recent years, we have witnessed an increase in the use of nicotine vapour products, as many smokers understandably wish to switch to a potentially less harmful method of receiving the nicotine that they crave. Although I consider that NVPs cannot be worse than a cigarette that is packed with thousands of harmful chemicals, the science to ascertain how safe they are remains sketchy and incomplete. For that reason, it is incredibly important that we proceed cautiously, to ensure that a new generation of “smokers” is not created who assume that their new pursuit is completely benign. On that, I agree entirely with my colleague Stewart Maxwell.

Given that a majority of high school children have been exposed to NVP marketing, it is clear that we must protect them. For that reason, I am pleased that, following a public consultation, the Scottish Government has taken action to restrict the sale and advertising of such products. Prohibiting the sale of NVPs to anyone who is under the age of 18 and making it an offence to purchase NVPs on behalf of someone who is under 18 will help to limit the supply of such products to young children. That will lay down an important marker that such products might not be safe and that, for the time being, their sale must be considered alongside the sale of alcohol and tobacco.

As with cigarettes, I am glad that the Government has included measures to prevent the sale of NVPs from vending machines, which introduces another hurdle for people who seek to purchase NVPs when under the legal age. Further to that, those who wish to sell NVPs will have to register on the tobacco retailer register, as they would have to do to sell cigarettes. That will introduce accountability for shopkeepers and will help to weed out the less scrupulous who would happily sell to under-age customers.

As I mentioned, NVPs might be relatively safe, and they could prove to be useful tools in helping people to stop smoking completely, as I am sure colleagues would agree. However, until that can be proven conclusively, the Scottish Government is right to take an evidence-based and precautionary approach to the marketing of such products, which can ultimately lead to addiction.

As we heard from Malcolm Chisholm, Marie Curie, Unison, Action against Medical Accidents, Citizens Advice Scotland and others support legislation on the duty of candour to drive culture change and help to ensure that organisations shift towards learning, improvement and disclosure of harm. I echo what Stewart Maxwell said. I, too, have had such an experience. My son died as a direct result of medical neglect, and when one pursued an apology and measures to ensure that the same thing would not happen to anyone else, I am afraid that—appallingly—that was not forthcoming. I hope that the duty of candour will change the way in which health boards and others deal with such matters.

Along with the measures that are outlined in the tobacco control strategy, I believe that the bill will help to further reduce the number of smokers in Scotland and protect the health of our citizens, and that it will ultimately lead Scotland towards smoke-free status in the years ahead.

I very much look forward to Jackson Carlaw’s closing speech for the Conservatives, because I received a ballot paper for the Conservative ranking for the West Scotland regional list just a few short days ago, and a very good speech from him could possibly influence my vote.

In the same item of business

The Presiding Officer (Tricia Marwick) NPA
The next item of business is a debate on motion S4M-15003, in the name of Maureen Watt, on the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. Membe...
The Deputy Presiding Officer (John Scott) Con
I call Maureen Watt. You have 14 minutes. You can start as soon as you are ready, Ms Watt. 14:31
The Minister for Public Health (Maureen Watt) SNP
I am delighted to open the stage 1 debate on the principles of the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. I thank the Health and Sport Comm...
Kevin Stewart (Aberdeen Central) (SNP) SNP
Can the minister give us an indication whether any patients who are smokers have signed themselves out of hospital early because they have been unable to smo...
Maureen Watt SNP
I am not aware of that happening. If the member has evidence of that happening, I am happy to look into it. Obviously, I hope that patients would discuss the...
Jenny Marra (North East Scotland) (Lab) Lab
Will the minister give way?
Maureen Watt SNP
I have to make progress. If the member wants to ask me a question during her speech, I will happily answer it when I am closing. Key to this will be the org...
Duncan McNeil (Greenock and Inverclyde) (Lab) Lab
At one time there were adverts to promote cigarettes showing Ronald Reagan giving them as Christmas gifts or Superman jumping out of a helicopter, but long g...
Jenny Marra (North East Scotland) (Lab) Lab
I will begin by clarifying a question that I want to ask the minister, just so that she is clear from the outset, as I would very much like an answer in her ...
The Deputy Presiding Officer Con
I let the open debate speakers know that, at the moment, I will probably be able to give them all up to seven minutes. 15:04
Nanette Milne (North East Scotland) (Con) Con
The Scottish Government bill that we are discussing today makes three very important proposals: the development of policies around tobacco, nicotine and smok...
Maureen Watt SNP
The member will of course know that, in many cases, the Government’s response does not come out before the stage 1 debate and that the reply to the stage 1 r...
Nanette Milne Con
I accept the minister’s explanation but, having sat all day yesterday waiting to get the response, I would probably have been better just to ignore the infor...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
In relation to apologies, does the member welcome, as I do, section 23(2), which makes it clear that the offering of an apology, a statement of sorrow or reg...
Nanette Milne Con
I agree with the member on that. I would be very concerned if that was not stated in the bill. A similar lack of definition is cited by opponents of the pro...
The Deputy Presiding Officer Con
We now move to the open debate. We have a bit of time in hand, so members each have seven minutes or thereby. 15:12
Stewart Maxwell (West Scotland) (SNP) SNP
I am glad to be given the opportunity to speak in today’s debate on the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. As members are aware, the bi...
Kevin Stewart SNP
Mr Maxwell quoted Public Health England, which in its review states that smoking prevalence has declined in adults and young people since e-cigarettes were i...
Stewart Maxwell SNP
I disagree with the comments of my esteemed colleague from Aberdeen. We can see a pattern over the years in how tobacco companies have tried to get new marke...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
We all support the Scottish Government’s ambitious target to reduce smoking prevalence to 5 per cent by 2034, but the simple fact is that we are not making n...
Maureen Watt SNP
Mr Chisholm will know that, for the NHS to recommend NVPs as a smoking cessation product, they would have to be licensed. E-cigarette companies have not aske...
Malcolm Chisholm Lab
The committee will look into that issue and the complexities of the process. That certainly needs to be looked at. The need for a register is widely accepte...
Kenneth Gibson (Cunninghame North) (SNP) SNP
Since becoming an MSP, I have taken a keen interest in reducing the harm that smoking causes. In July 2001, I proposed a regulation of smoking bill, with the...
The Deputy Presiding Officer Con
I am at a loss for words. I call Hanzala Malik, to be followed by Kevin Stewart. 15:34
Hanzala Malik (Glasgow) (Lab) Lab
Thank you, Presiding Officer, and good afternoon to you. When speaking in today’s stage 1 debate on the Health (Tobacco, Nicotine etc and Care) (Scotland) B...
Kevin Stewart (Aberdeen Central) (SNP) SNP
First, the confession: I was a smoker. I started smoking when I was 14, and not because of advertising or parental influence—my parents did not smoke. There ...
Jim Hume (South Scotland) (LD) LD
We should congratulate all the Health and Sport Committee’s members—and the clerks, of course—for all their hard work on the committee report. We are again l...
John Mason (Glasgow Shettleston) (SNP) SNP
I welcome the progress that has been made on smoking by the Scottish Parliament, including members here present. When it comes to smoking, we need to strike...
Dennis Robertson (Aberdeenshire West) (SNP) SNP
There has been a lot of focus on part 1 of the bill, and I make no apology for focusing a lot of my attention on it, too. It is interesting to hear confessi...
Stewart Stevenson SNP
Are we correct to use the word “choice”? Where addictions are concerned, it is precisely the case that choice is absent because that health issue denies peop...