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Friday, 17 December 1999

ASH Daily News

Headlines

Appeal Court rules that the Tobacco ad ban is legal
HRH Duke of Gloucester attends ASH AGM
Profile of Smuggling
Dale Winton: ‘ The real me’

Full Text

Appeal Court rules that the Tobacco ad ban is legal

‘A ban on tobacco advertising moved a step nearer yesterday after the
Court of Appeal ruled that the Government should be "free to
legislate", overturning an earlier ruling. However implementation of
the ban, scheduled for January 6, will still hinge on any decision by
the law lords.’ writes The Times.

The tobacco companies immediately announced that they intended to take
the case to the House of Lords and the Government was refused leave by
the Appeal Court to embark on its anti-smoking legislation before the
Lords' ruling. As a result, nothing can be determined until the Lords
return on January 11.

The Department of Health hopes to outlaw all forms of tobacco
advertising, apart from price lists and display material in shops,
well before a European directive scheduled to be enforced from July
2001. The European Court has still to rule on whether the directive is
legal.

Lord Woolf, the Master of the Rolls, who was supported by Lord Justice
Ward in the 2-1 majority Appeal Court ruling, said: "In my judgement,
it is not for the courts to second guess the Government's decision
that it is in the public interest that there should be an early end to
advertisement for public health reasons."

The ruling overturned the granting of an injunction by Mr Justice
Turner ordering the Government to wait until the European ruling.

Dissenting, Lord Justice Laws said the European directive was "plainly
unlawful" and the injunction in his view should have stood.

Alan Milburn, health secretary is quoted in the Financial Times as
saying, “This is a victory for public health. Banning tobacco
advertising is widely supported both by the public and by the medical
profession – now we have the backing of the courts. Evidence shows
that banning tobacco advertising reduces death and disease caused by
smoking”.

Yvette Cooper, minister for public health said, “Seventy per cent of
smokers say they want to give up. But when tobacco companies spend
£100m a year in the UK promoting their addictive products on
billboards, in newspapers and elsewhere, it isn’t easy.”

Gordon McVie, director of the Cancer Research Campaign, said: “Thank
goodness that right has prevailed and the health of our children has
taken precedence over the profits of the tobacco companies”.

John Carlisle, of the Tobacco Manufacturers' Association, said after
the hearing: "We live to fight another day, having lost on a penalty
shoot out. We are obviously pleased that the decision made by the
court was not unanimous and the strength of our case in Europe has
been re-emphasised."

Clive Bates, ASH Director, was quoted in the Independent as saying, “I
am glad the Court of Appeal sided with the Government but disappointed
there will be more delay”. He said the Governments show 3,000 people a
year lose their lives due to tobacco advertising. Clive also told the
Guardian and the Express, People will die because of this delay in
bringing the ban. By their delaying tactics, the tobacco companies are
costing eight lives a day.”

Source: The Times, The Independent, The Guardian, The Express and all
other newspapers,17 December 1999

Links: http://news.bbc.co.uk/hi/english/uk_politics/default.stm
http://www.the-times.co.uk/news/pages/tim/1999/12/17/timnwsnws01035.ht
ml?999
http://www.the-times.co.uk/news/pages/tim/1999/12/17/timlawcoa01002.ht
ml?999

HRH Duke of Gloucester attends ASH AGM

His Royal Highness, The Duke of Gloucester, attended the annual
general meeting of Action on Smoking and Health in his role as Patron,
Action on Smoking and Health, at the British Heart Foundation,
Fitzhardinge Street, London W1.

Source: The Times, Court Report, 17 December 1999
Link:
http://www.the-times.co.uk/news/pages/tim/1999/12/17/timcrtcrt01001.ht
ml?999

Profile of Smuggling

In an article that examines tobacco smuggling, Nick Hopkins offers
several comments on the increasing involvement of organised criminals.
‘ The rationale is obvious: the rewards are considerable and the
penalties for being caught much less severe. The maximum penalty for
cigarette smuggling is seven years compared to 14 years for drug
smuggling.’

The article quotes, Dave West manager of the Wholesaler ‘Eastenders’
complaining of living in Belgium, “Weak socialist governments, high
taxes, it is an uncivilised place”. But he finds it hard to return to
Britain, “It is very, very hard to walk away from the goose that is
laying all the golden eggs”. He has grown rich from legally selling to
‘White Van’ smugglers. However, the article points out that smuggling
‘has come into the sphere of organised crime’.

The article adds that, ‘In Italy, where cigarette smuggling has been
rife since the second world war, prosecutors are convinced that
criminals have dealt directly with companies. In the United States,
RJR Macdonald, a subsidiary of RJR Nabisco, admitted last year that it
had smuggled more than £390 million worth of cigarettes into Canada
from the US. It was fined and ordered to pay a £6m forfeiture. In
another case an executive told a court, that if you can’t beat the
smugglers, you might as well join them.’

In a report last month, the House of Commons Intelligence and Security
Select Committee, recognised the problem, “We understand that the
scale of profits that can be made by cigarette smuggling is comparable
to drug smuggling and that criminal are swapping to cigarette
smuggling as the risks and penalties are lower.” The article adds that
Customs are getting extra resources and MI5 has been ordered to help
but investigations take time.

John Carlisle, of The Tobacco Manufacturers Association, is quoted in
the article as saying, “If the Government was prepared to reduce taxes
on cigarette, the smuggling problem would disappear”.

Dave West, concludes, “I am becoming a champion of lower taxes. I want
to retire to enjoy my money, but Mr Brown is making it very difficult
for me. Freddie Laker got a knighthood for providing cheap flights,
but I don’t suppose I’ll get one for selling cheap fags.”

Source: The Guardian, 17 December 1999

Dale Winton: ‘ The real me’

In an interview with Nina Myskow, Dale Winton reveals his worst habit
to be smoking. Dale said, “I smoke 40 a day. I started when I was 17
or 18. I’ve never really tried to give up, don’t really want to.
Although I’m doing a no-smoking programme next year, like Weight of
the Nation, so I’ve got to try and stop then. But I love it! The guilt
does not outweigh the pleasure.”

Source: The Mirror, 17 December 1999

Karl Brookes
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