Policy responses and statements

Name of organisation:

Scottish Government

Name of policy document:

The Tobacco and Primary Medical Services (Scotland) Act 2010 - A Consultation on Tobacco Draft Regulations

Deadline for response:

20 July 2010

Background: These regulations form part of the Scottish Government's effort to support today's children making the right choices, one of the most important for their health being the decision not to become a smoker.

A generation after the health risks associated with smoking were demonstrated beyond dispute, smoking remains one of the principal causes of illness and premature death in Scotland and is estimated to be responsible for 13,500 deaths each year.

The facts are stark: some 15,000 young people start to smoke each year in Scotland. While smoking is dangerous at any age, the younger people start the more likely they are to smoke longer and to die early as a result of smoking. A child who starts smoking at 14 or younger is four times more likely to die of lung cancer than someone who starts to smoke at age 25 or over, and 15 times more likely to die of lung cancer than someone who never smokes. It is also known that 82% of adult smokers start smoking in their teens.

These regulations follow from the Tobacco and Primary Medical Services (Scotland) Act 2010, which received overwhelming support from the Scottish Parliament in January of this year. The Act is a bold step towards making tobacco less attractive and less accessible to children and young people under 18 and will see the end of tobacco displays and the sale of tobacco from vending machines.

The Act does not sit in isolation. In May 2008 the Scottish Government published the smoking prevention action plan "Scotland's Future is Smoke-free" setting out an ambitious programme of measures designed specifically to dissuade children and young people from smoking by reducing the affordability, attractiveness and availability of tobacco products to children and young people. This five year action plan takes a multi-agency approach to reducing youth smoking rates with ownership spanning across the NHS, the Third Sector, local authorities and the business sector.

This consultation was an opportunity for stakeholders and members of the public to contribute to the Scottish Government's consideration on the detail of some of the measures in the Tobacco and Primary Medical Services (Scotland) Act 2010.

COMMENTS ON
THE SCOTTISH GOVERNMENT
THE TOBACCO AND PRIMARY MEDICAL SERVICES (SCOTLAND) ACT 2010 - A CONSULTATION ON TOBACCO DRAFT REGULATIONS

INTRODUCTION

The Royal College of Physicians of Edinburgh is a full member of the Scottish Coalition on Tobacco (SCOT) and has supported the campaign to reduce the harm caused by tobacco in Scotland since its inception.

We welcome the opportunity to respond to this consultation and urge the Scottish Government to ensure the regulations remove any prospect of loopholes in the legislation that would permit the display of promotional display material via storage or pricing issues. 

We support the draft regulations, and commend the response submitted by SCOT.  In common with coalition partners, we have a number of comments intended to reinforce the purpose of the regulations and strengthen the public health protection for young people and those seeking to quit.

1. DISPLAY OF TOBACCO AND PRICES REGULATIONS: DISPLAY OF TOBACCO

1.1 Do you agree that tobacco retailers should be allowed to implement the Act by displaying tobacco and smoking related products in the way set out in the regulations?

The College believes it is critical that promotional material on tobacco is removed from sight to support those seeking to quit smoking and to deter the young from starting.  We strongly support these regulations and call on the government to ensure that the firm resolve to prohibit promotional material is not eroded by the campaigning of the tobacco industry. 

1.2 Do you agree that specialist tobacconists, cash and carries and duty free shops should be allowed to implement the Act by displaying and advertising tobacco products and smoking related products in the way set out in the regulations?

The College does not agree with the exemption in section 4 (1) (c) granted to bulk tobacconists or duty free shops, as children and young persons may still enter or pass through these facilities and will therefore be exposed to tobacco displays. SCOT has requested that, if the exemption is retained, it is limited to premises with an age restriction and that this is policed effectively.

1.3 Do you agree that these proposed regulations set out an effective, proportionate and workable approach?

The College believes that the regulations, although strict, are clear and enforceable and that the proposed timetable is fair to both large and small retailers. 

1.4 Do you believe that these regulations are enforceable?

See above.

2. DISPLAY OF TOBACCO AND PRICES REGULATIONS: DISPLAY OF PRICES

2.1 Do you agree that tobacco retailers should implement the Act by being allowed to display price lists for tobacco and smoking related products in the way set out in the regulations?

The College is concerned that the provisions for price lists are over-complex.  A single display price list should be adequate with the provision of an individual price list at the point of sale that addresses the needs of eligible customers with language or vision difficulties. 

3. REGULATION OF MOVEABLE STRUCTURES AND FIXED PENALTY NOTICES

3.1 Do you agree that retailers selling tobacco from a moveable structure should provide the information set out in the regulations to register for the tobacco sales registration scheme?

The College strongly supports this provision to ensure that sales from all mobile facilities, particularly those in vulnerable communities, are subject to the same level of control.

4. REGISTER OF TOBACCO RETAILERS REGULATIONS

4.1 Do you agree that retailers selling tobacco should provide the information set out in the regulations to register for the tobacco sales registration scheme?

The College supports the regulations providing for positive registration which retailers will be able to achieve easily.  Regulating the sales of tobacco will only bring the required public health benefits if enforcement is feasible, and the registration scheme is essential to that end.

5. PRESCRIBED DOCUMENTS REGULATIONS

5.1 Do you agree with the identity cards set out in these regulations?

We support these regulations, given the ease of availability of the Young Scot card for those who do not have a driving licence or passport.

6. DISPLAY OF WARNING STATEMENT REGULATIONS

6.1 Do you agree with the dimensions of the warning statement as set out in the regulations?

We support these regulations which reinforce the existing requirements.

Copies of this response are available from:

Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.

Tel: 0131 225 7324 ext 608
Fax: 0131 220 3939

[8 July 2010]