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Mrs. Spelman: I hate to inform the House that we have got to exactly the point that we reached in Committee. We did not run out of time on the brand-sharing clause, but we could not usefully proceed in Committee. The Government said that they would undertake a huge consultation exercise, and we cannot get a clear idea of what will be in the regulations until that consultation has taken place. That seems to be putting the cart before the horse.

The consultation exercise should surely occur before the draft regulations are issued. We would be in a far better position to decide whether they would be excessively punitive if we knew what was in the regulations. The Minister said in Committee:

We cannot accept the vague commitment in the Government amendment, when the consultation exercise has still to take place. That is why we sought through our new clause to clarify the situation. It is a feature of the Bill that so much is being left to subsequent regulations, and this is a particularly bad example of that. Companies will be put in an impossible position.

Mr. Bruce: Will my hon. Friend make it clear that we totally reject the remarks of the hon. Member for Rother Valley (Mr. Barron)? Under our Government, tobacco consumption was falling, whereas under this Government, it is going up. We are attempting to help this miserable Government to do something sensible, for a change.

Mrs. Spelman: I should have tried at the beginning, as we have tried so many times, to make it clear to the hon. Member for Rother Valley that it is not our purpose to take up the cause of tobacco companies, as he continually implies. As my hon. Friend the Member for Woodspring (Dr. Fox) said on Second Reading, we have no love for tobacco companies. I hope that, having been present in Committee, the hon. Member for Rother Valley will recognise how carefully we have striven to uphold the public health agenda throughout the debate. We have not departed from that.

Mr. Barron: Will the hon. Lady give way?

Mrs. Spelman: No. I am rather tired of accusations being made about a position that we do not defend.

I shall comment on some of the specific points made by the Minister. She said that the Bill was compatible with the European convention on human rights. It seems that companies such as Worldwide Brands International

13 Feb 2001 : Column 198

will have no alternative but to slug it out in the courts. It will be one lawyer's opinion against another. If the Advocate-General was willing to put on record his view that the brand-sharing advertising restriction was not compatible with article 10 of the convention, it is perfectly legitimate for the company to pursue the matter in the courts, to see whose legal opinion will win the day. I am not qualified to give advice, but it seemed a rather sweeping statement to say that the Bill was indeed compatible.

Mr. Peter Atkinson: I am grateful to my hon. Friend for giving way, and I do not want to interrupt her train of thought. When the Minister replied in double-quick time and covered some of the points that I had raised about newspapers and publications, she did not deal with the point that some of the foreign publications are printed in the UK. According to the Bill, a publication is exempt if it is printed outside the UK and its principal market is not the UK, but what happens if it is printed in the UK, even if its principal market is not the United Kingdom? I was hoping that the Minister would answer that.

Mrs. Spelman: I thank my hon. Friend. I hope that he will make all those important points again on the next group of amendments.

The Minister asked how I would define a company that was totally unconnected with a tobacco company. I am a health spokesman, not a DTI spokesman. The issues of company law and the Minister's questions to me demonstrate the extent to which the Bill is wide of being a health Bill. It deals with international competition and the way in which companies are structured.

Surely the Minister understands the spirit behind our new clause, which was intended to take on board the point made by the hon. Member for Rother Valley. Of course we do not want to create a massive loophole through which tobacco promotion is allowed to accelerate, or to fuel the prevalence of smoking. That is the spirit of our new clause. If the hon. Gentleman needs yet more proof--

Mr. Barron: Will the hon. Lady give way?

Mrs. Spelman: No, I am not prepared to give way. The hon. Gentleman simply will not believe our party's stance. He refuses to believe that we share the public health agenda and the aim of reducing smoking. I have grown weary of telling him that in different ways on different occasions. I am sure that the House does not want to hear it again.

We shall press our new clause because the Government amendment will not provide assurances to the companies that will have to work with the Bill. The promises of regulations in the future, which are to be preceded by a massive exercise in consultation, are a further reason why we consider it important to bring clarity to the debate on brand sharing and advertising, for the sake of all those who will have to work with the Bill. We have heard no clarification from the Minister today, and we find it difficult to accept that the Government amendment would be adequate.

Our new clause would be a great deal more successful in bringing clarity to the Bill concerning the exception that could be made for a brand-sharing arrangement by a company that has carried out its business legitimately up

13 Feb 2001 : Column 199

to now and whose primary purpose is not to promote tobacco. That is why I commend our new clause to the House.

Question put, That the clause be read a Second time:--

The House proceeded to a Division.

Mr. Deputy Speaker (Sir Alan Haselhurst): Order. Would the Serjeant at Arms investigate the delay in the Lobby?

The House having divided: Ayes 122, Noes 345.

Division No. 118
[6 pm


Ainsworth, Peter (E Surrey)
Amess, David
Ancram, Rt Hon Michael
Atkinson, Peter (Hexham)
Baldry, Tony
Beresford, Sir Paul
Blunt, Crispin
Body, Sir Richard
Boswell, Tim
Bottomley, Peter (Worthing W)
Brady, Graham
Brazier, Julian
Brooke, Rt Hon Peter
Browning, Mrs Angela
Bruce, Ian (S Dorset)
Burns, Simon
Butterfill, John
Cash, William
Chapman, Sir Sydney
(Chipping Barnet)
Chope, Christopher
Clarke, Rt Hon Kenneth
Clifton-Brown, Geoffrey
Collins, Tim
Cormack, Sir Patrick
Cran, James
Davies, Quentin (Grantham)
Davis, Rt Hon David (Haltemprice)
Day, Stephen
Duncan, Alan
Emery, Rt Hon Sir Peter
Evans, Nigel
Fabricant, Michael
Flight, Howard
Forth, Rt Hon Eric
Fox, Dr Liam
Garnier, Edward
Gibb, Nick
Gill, Christopher
Gillan, Mrs Cheryl
Greenway, John
Grieve, Dominic
Gummer, Rt Hon John
Hague, Rt Hon William
Hamilton, Rt Hon Sir Archie
Hammond, Philip
Hawkins, Nick
Hayes, John
Heald, Oliver
Heathcoat-Amory, Rt Hon David
Hogg, Rt Hon Douglas
Horam, John
Howarth, Gerald (Aldershot)
Hunter, Andrew
Jackson, Robert (Wantage)
Jenkin, Bernard
Johnson Smith,
Rt Hon Sir Geoffrey
Key, Robert
King, Rt Hon Tom (Bridgwater)
Kirkbride, Miss Julie
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lansley, Andrew
Leigh, Edward
Letwin, Oliver
Lewis, Dr Julian (New Forest E)
Lidington, David
Lilley, Rt Hon Peter
Loughton, Tim
Luff, Peter
Lyell, Rt Hon Sir Nicholas
MacGregor, Rt Hon John
MacKay, Rt Hon Andrew
Maclean, Rt Hon David
McLoughlin, Patrick
Madel, Sir David
Major, Rt Hon John
Maples, John
Mates, Michael
Maude, Rt Hon Francis
Mawhinney, Rt Hon Sir Brian
Moss, Malcolm
Nicholls, Patrick
Norman, Archie
O'Brien, Stephen (Eddisbury)
Ottaway, Richard
Page, Richard
Paice, James
Pickles, Eric
Portillo, Rt Hon Michael
Prior, David
Randall, John
Robertson, Laurence (Tewk'b'ry)
Roe, Mrs Marion (Broxbourne)
Ross, William (E Lond'y)
Ruffley, David
St Aubyn, Nick
Sayeed, Jonathan
Soames, Nicholas
Spelman, Mrs Caroline
Spring, Richard
Steen, Anthony
Swayne, Desmond
Syms, Robert
Tapsell, Sir Peter
Taylor, Ian (Esher & Walton)
Taylor, John M (Solihull)
Taylor, Sir Teddy
Tredinnick, David
Trend, Michael
Viggers, Peter
Walter, Robert
Waterson, Nigel
Whitney, Sir Raymond
Whittingdale, John
Widdecombe, Rt Hon Miss Ann
Wilkinson, John
Willetts, David
Wilshire, David
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macclesfield)
Yeo, Tim
Young, Rt Hon Sir George

Tellers for the Ayes:

Mr. Keith Simpson and
Mr. James Gray.


Abbott, Ms Diane
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Allan, Richard
Allen, Graham
Anderson, Rt Hon Donald
(Swansea E)
Anderson, Janet (Rossendale)
Armstrong, Rt Hon Ms Hilary
Ashdown, Rt Hon Paddy
Ashton, Joe
Atkins, Charlotte
Austin, John
Bailey, Adrian
Banks, Tony
Barnes, Harry
Barron, Kevin
Battle, John
Bayley, Hugh
Begg, Miss Anne
Beggs, Roy
Beith, Rt Hon A J
Bell, Stuart (Middlesbrough)
Benn, Hilary (Leeds C)
Benn, Rt Hon Tony (Chesterfield)
Bennett, Andrew F
Benton, Joe
Bermingham, Gerald
Berry, Roger
Betts, Clive
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Body, Sir Richard
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brake, Tom
Brand, Dr Peter
Breed, Colin
Brinton, Mrs Helen
Brown, Rt Hon Nick (Newcastle E)
Brown, Russell (Dumfries)
Browne, Desmond
Bruce, Malcolm (Gordon)
Buck, Ms Karen
Burgon, Colin
Burnett, John
Burstow, Paul
Butler, Mrs Christine
Byers, Rt Hon Stephen
Caborn, Rt Hon Richard
Campbell, Mrs Anne (C'bridge)
Campbell, Rt Hon Menzies
(NE Fife)
Campbell, Ronnie (Blyth V)
Campbell-Savours, Dale
Caplin, Ivor
Caton, Martin
Cawsey, Ian
Chapman, Ben (Wirral S)
Chaytor, David
Chidgey, David
Clapham, Michael
Clark, Rt Hon Dr David (S Shields)
Clark, Paul (Gillingham)
Clarke, Charles (Norwich S)
Clarke, Eric (Midlothian)
Clarke, Rt Hon Tom (Coatbridge)
Coffey, Ms Ann
Cohen, Harry
Coleman, Iain
Colman, Tony
Connarty, Michael
Cook, Rt Hon Robin (Livingston)
Cooper, Yvette
Corbett, Robin
Corbyn, Jeremy
Cotter, Brian
Cousins, Jim
Cox, Tom
Cranston, Ross
Crausby, David
Cryer, John (Hornchurch)
Cummings, John
Cunningham, Rt Hon Dr Jack
Cunningham, Jim (Cov'try S)
Cunningham, Ms Roseanna
Dalyell, Tam
Darvill, Keith
Davey, Valerie (Bristol W)
Davidson, Ian
Davies, Rt Hon Denzil (Llanelli)
Davis, Rt Hon Terry
(B'ham Hodge H)
Denham, Rt Hon John
Dobbin, Jim
Dobson, Rt Hon Frank
Donaldson, Jeffrey
Donohoe, Brian H
Doran, Frank
Dowd, Jim
Drew, David
Drown, Ms Julia
Dunwoody, Mrs Gwyneth
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff
Etherington, Bill
Fearn, Ronnie
Field, Rt Hon Frank
Fitzpatrick, Jim
Fitzsimons, Mrs Lorna
Flint, Caroline
Flynn, Paul
Follett, Barbara
Foster, Rt Hon Derek
Foster, Don (Bath)
Foster, Michael Jabez (Hastings)
Gapes, Mike
George, Andrew (St Ives)
Gerrard, Neil
Gibson, Dr Ian
Gidley, Sandra
Gilroy, Mrs Linda
Godman, Dr Norman A
Godsiff, Roger
Goggins, Paul
Golding, Mrs Llin
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Grogan, John
Gunnell, John
Hain, Peter
Hall, Mike (Weaver Vale)
Hamilton, Fabian (Leeds NE)
Hancock, Mike
Hanson, David
Harris, Dr Evan
Harvey, Nick
Healey, John
Heath, David (Somerton & Frome)
Henderson, Doug (Newcastle N)
Henderson, Ivan (Harwich)
Hendrick, Mark
Hepburn, Stephen
Heppell, John
Hesford, Stephen
Hill, Keith
Hinchliffe, David
Hodge, Ms Margaret
Hoey, Kate
Hood, Jimmy
Hopkins, Kelvin
Howells, Dr Kim
Hoyle, Lindsay
Hughes, Ms Beverley (Stretford)
Hughes, Kevin (Doncaster N)
Hughes, Simon (Southwark N)
Humble, Mrs Joan
Hurst, Alan
Hutton, John
Iddon, Dr Brian
Illsley, Eric
Jackson, Ms Glenda (Hampstead)
Jackson, Helen (Hillsborough)
Jenkins, Brian
Johnson, Alan (Hull W & Hessle)
Jones, Rt Hon Barry (Alyn)
Jones, Mrs Fiona (Newark)
Jones, Ms Jenny
(Wolverh'ton SW)
Jones, Dr Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Jowell, Rt Hon Ms Tessa
Joyce, Eric
Keen, Alan (Feltham & Heston)
Keen, Ann (Brentford & Isleworth)
Keetch, Paul
Kelly, Ms Ruth
Kemp, Fraser
Kennedy, Jane (Wavertree)
Kilfoyle, Peter
Kirkwood, Archy
Kumar, Dr Ashok
Ladyman, Dr Stephen
Lammy, David
Lawrence, Mrs Jackie
Leslie, Christopher
Levitt, Tom
Lewis, Ivan (Bury S)
Linton, Martin
Livsey, Richard
Lloyd, Tony (Manchester C)
Llwyd, Elfyn
Lock, David
Love, Andrew
McAvoy, Thomas
Macdonald, Calum
McDonnell, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
McKenna, Mrs Rosemary
Mackinlay, Andrew
McNamara, Kevin
McNulty, Tony
Mactaggart, Fiona
McWilliam, John
Mahon, Mrs Alice
Mandelson, Rt Hon Peter
Marsden, Gordon (Blackpool S)
Marshall, David (Shettleston)
Marshall, Jim (Leicester S)
Martlew, Eric
Maxton, John
Meacher, Rt Hon Michael
Merron, Gillian
Michael, Rt Hon Alun
Michie, Bill (Shef'ld Heeley)
Michie, Mrs Ray (Argyll & Bute)
Milburn, Rt Hon Alan
Moffatt, Laura
Moore, Michael
Moran, Ms Margaret
Morgan, Alasdair (Galloway)
Morgan, Ms Julie (Cardiff N)
Morley, Elliot
Morris, Rt Hon Ms Estelle
(B'ham Yardley)
Morris, Rt Hon Sir John (Aberavon)
Mudie, George
Mullin, Chris
Murphy, Denis (Wansbeck)
Murphy, Rt Hon Paul (Torfaen)
Naysmith, Dr Doug
O'Brien, Bill (Normanton)
O'Brien, Mike (N Warks)
O'Hara, Eddie
Olner, Bill
O'Neill, Martin
Organ, Mrs Diana
Osborne, Ms Sandra
Paisley, Rev Ian
Palmer, Dr Nick
Pearson, Ian
Pendry, Rt Hon Tom
Pickthall, Colin
Pike, Peter L
Pond, Chris
Pound, Stephen
Powell, Sir Raymond
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Primarolo, Dawn
Prosser, Gwyn
Purchase, Ken
Quin, Rt Hon Ms Joyce
Quinn, Lawrie
Radice, Rt Hon Giles
Raynsford, Nick
Reed, Andrew (Loughborough)
Rendel, David
Robertson, John
(Glasgow Anniesland)
Robinson, Peter (Belfast E)
Roche, Mrs Barbara
Rogers, Allan
Rooker, Rt Hon Jeff
Rooney, Terry
Ross, Ernie (Dundee W)
Rowlands, Ted
Ruane, Chris
Ruddock, Joan
Russell, Bob (Colchester)
Russell, Ms Christine (Chester)
Salmond, Alex
Salter, Martin
Sanders, Adrian
Sarwar, Mohammad
Savidge, Malcolm
Sedgemore, Brian
Sheerman, Barry
Sheldon, Rt Hon Robert
Shipley, Ms Debra
Simpson, Alan (Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, Rt Hon Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, Miss Geraldine
(Morecambe & Lunesdale)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Smith, Sir Robert (W Ab'd'ns)
Smyth, Rev Martin (Belfast S)
Soley, Clive
Southworth, Ms Helen
Spellar, John
Squire, Ms Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stewart, David (Inverness E)
Stewart, Ian (Eccles)
Stoate, Dr Howard
Strang, Rt Hon Dr Gavin
Straw, Rt Hon Jack
Stuart, Ms Gisela
Stunell, Andrew
Sutcliffe, Gerry
Taylor, Rt Hon Mrs Ann
Taylor, David (NW Leics)
Taylor, Rt Hon John D (Strangford)
Taylor, Matthew (Truro)
Temple-Morris, Peter
Thomas, Gareth R (Harrow W)
Thomas, Simon (Ceredigion)
Thompson, William
Tipping, Paddy
Tonge, Dr Jenny
Touhig, Don
Trickett, Jon
Truswell, Paul
Turner, Dennis (Wolverh'ton SE)
Turner, Dr Desmond (Kemptown)
Turner, Neil (Wigan)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Tyler, Paul
Tynan, Bill
Walley, Ms Joan
Ward, Ms Claire
Wareing, Robert N
Watts, David
Webb, Steve
White, Brian
Whitehead, Dr Alan
Wicks, Malcolm
Williams, Rt Hon Alan
(Swansea W)
Williams, Alan W (E Carmarthen)
Williams, Mrs Betty (Conwy)
Winnick, David
Winterton, Ms Rosie (Doncaster C)
Wood, Mike
Woodward, Shaun
Woolas, Phil
Wray, James

Tellers for the Noes:

Mr. Greg Pope and
Mr. David Clelland.

Question accordingly negatived.

13 Feb 2001 : Column 202

Clause 1

Meaning of "tobacco advertisement" and "tobacco product"

Mrs. Spelman: I beg to move amendment No. 2, in page 1, line 6, after second "advertisement", insert "including product placement".

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