Scottish Government

A BREATH OF FRESH AIR FOR SCOTLAND IMPROVING SCOTLAND'S HEALTH: THE CHALLENGE TOBACCO CONTROL ACTION PLAN

CHAPTER 6: PROTECTION AND CONTROLS

The Challenge

6.1 Measures to protect individuals and society from the impact of tobacco, through legislative and other forms of regulation/control, are a vital component of any tobacco control strategy. Some of the levers, such as laws governing the sale of tobacco products to under-16s, tobacco advertising and action to address smoking in public places, are within the scope of the Scottish Parliament. Others, such as fiscal policy, tobacco smuggling and controls on the tobacco industry are reserved to Westminster. Given the global nature of the tobacco industry, international action to control tobacco consumption also has a contribution to make. The challenge is, therefore, to do as much as we can within the powers, partnerships and routes of influence available to us, and to ensure that Scotland's voice is heard at UK and international level.

Current activity

i. Scotland

6.2 The Children and Young Persons (Protection from Tobacco) Act 1991 prohibits the sale of tobacco products to under-16s. However, the review report highlights the fact that sales to children and young people under 16 remain a problem and calls for the law to be enforced more effectively. We agree that major steps need to be taken to improve enforcement and recognise the value of a constructive approach by enforcement officers helping retailers to meet their responsibilities while targeting those who flout the law. We have been working closely with CoSLA, the Society of Chief Officers of Trading Standards in Scotland, the Scottish Retail Consortium and others on steps to improve enforcement. Two resultant ongoing initiatives, the test purchasing pilot scheme taking place in four sites across Scotland and the roll out of the Young Scot Youth Dialogue Card - in which proof of age is an integral part - are of particular importance in this respect.

6.3 The Tobacco Advertising and Promotion Act 2002, which extends to Scotland, received Royal Assent on 7 November 2002. Through UK-wide action it has been possible to deliver a more effective and comprehensive ban. The Act bans press, billboard and most Internet advertising of tobacco products and the promotion of smoking through free distribution of tobacco products, coupons and mailshots in the UK. The Scottish Ministers have some regulation making powers under the Act. Having already made regulations bringing to an end the promotion of tobacco products through sponsorship of sporting and other events, Scottish regulations will be made to place restrictions on point-of-sale advertising.

ii. UK

6.4 Taxation is one important means of reducing consumption and we support the UK Government's approach to tobacco duties. We also welcome the tough line they are taking on tobacco smuggling. As the review report points out, access to cheap tobacco and cigarettes makes it harder for addicted smokers - particularly those on low incomes - to quit. Tobacco smugglers are estimated to be responsible for 2.5 billion in lost revenue. The Scottish Executive welcomes the investment by the UK Government of 209 million to fight tobacco smugglers.

6.5 New UK regulations, the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002, came into force on 31 December 2002. These regulations transpose the EU Directive on Manufacture, Presentation and Sale of Tobacco Products (the Labelling Directive) which was published in July 2001. We welcome the measures introduced by this legislation including larger and starker health warnings on tobacco products, new maximum yields for tar, nicotine and carbon monoxide in cigarettes and the end to 'misleading descriptors' such as 'low-tar' and 'light'. The Labelling Directive also allows for pictures to be added to pack warnings, a move which has already proved to be a success in Canada and which we would support in the UK.

iii. International action

6.6 Action to control the supply and distribution of tobacco is being taken at an international as well as a national level. As indicated above, EU action has already resulted in enhanced firmer controls on the manufacture, presentation and sale of tobacco products and the ban on tobacco advertising, promotion and sponsorship. The broader the reach of controls the greater the impact and we particularly welcome the UK Government's support for the Framework Convention on Tobacco Control (FCTC), an international treaty developed under the auspices of the World Health Organisation (WHO), which binds its signatories to the process of regulating the tobacco industry throughout the globe. The FCTC covers a whole range of issues such as introducing a comprehensive ban on tobacco advertising and sponsorship, controls on labelling of products, education about the health effects of tobacco, tackling smuggling, protection from the public of second-hand smoke and measures to reduce availability and promotion of tobacco to young people. These measures are very much in line with our own domestic policies.

Way forward

6.7 We believe that a continuing commitment to partnership working with UK and EU colleagues will allow us to build upon the progress made to date. We will welcome further moves to increase the price of cigarettes and will support the efforts of HM Customs and Excise to crack down on illegal smuggling operations. We aim to use the planned public consultation exercise around passive smoking to build the international profile of Scotland's approach to tobacco control and engage in a positive exchange of best practice with experts throughout the world.

6.8 Within Scotland our main challenge is now one of monitoring and enforcement. We will support the roll out of proof-of-age cards and work closely with our partners in monitoring the effectiveness of the ban on tobacco advertising and identifying those who continue to sell tobacco to young people under the age of 16.

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