Rt.Hon Alan Milburn MP

Secretaryof State for Health

RichmondHouse

79Whitehall

London

SW1A2NL

18 June 2001

DearMr Milburn

Re: reported delay to the Tobacco Advertising andPromotion Bill

Iam writing following reports in the press that the Government is planning notto reintroduce the Tobacco Advertising and Promotion Bill in Wednesday'sQueen's Speech. As you can imagine, we were shocked by these reports and, ifthey are true, I hope the government will reconsider.

The Bill has been in both election-winningmanifestoes and has already completed most of its parliamentary scrutiny.    When it fell at the election, we helped toensure the government was not criticised, but on the assumption the Bill wouldbe re-introduced quickly after the election. Now I feel we may have been too generous.

Although there will always be competing demands forparliamentary time, this Bill should have priority, both on account of how longit has been promised and the importance of the measure as a life-saver.  Time should also be allowed for inevitableblocking challenges from the tobacco industry.   The government accepts that 3,000 lives a year will be saved inthe long term from banning tobacco advertising. A delay of 18 months inintroducing this legislation would mean that an additional 4,500 people woulddie unnecessarily due to smoking in the years to come.

It is difficult to see how such a delay can sitcomfortably alongside the strong and credible position you and other HealthMinisters have taken in the last year. During the debate on the Second Readingof the Bill in January of this year, you said:

“We honour the commitmentsthat we have made. The Bill will ban tobacco advertising and sponsorship inthis country. It will do so to protect public health, to safeguard children andto reduce health inequalities.” (Hansard 22/1/01)

[…]

“It is not an exaggeration to say that tobacco smokingis the biggest public health problem that the country faces. It is literally apublic health disaster. […] This Government, unlike the previous one, aredetermined to do something about it.”  (Hansard, 22/1/01)

Youalso gave short shrift to Opposition delaying tactics, stressing the urgency ofyour action:

“The Tories ask for evidence [that advertisingencourages people to smoke]. It screams out to them from the billboards acrossthe country: advertising works, smoking kills. Where the previous Governmentfailed to act, this Government will now do so. We will act to protect children;we will act to reduce smoking; we will act to save lives.”  (2^ndReading Debate 22/1/01)

In the same debate, Yvette Cooper argued that thegovernment would square up to the tobacco industry on behalf of the nation'schildren:

“…it (the Bill) will prevent the tobaccoindustry from using its mighty financial muscle to advertise and promote aproduct that kills. For the sake of the children who will be tomorrow's victimsof lung cancer, coronary heart disease and other diseases, I commend the Bill” (Hansard, 22/1/01)

In a Labour Party press release, Yvette Cooperundertook that Labour would reintroduce this Bill, with the clear implicationthat this would be done quickly, saying:

“The majority of the British people, doctors andhealth professionals all want to see this ban in place. It is the Tories andthe tobacco industry who have done everything they can to block this.”(Labour Party Release, 11/5/01)

Thesestatements, and many others, accurately capture the essence of tobaccoadvertising and make an eloquent case for its abolition without delay. Theycertainly offer no justification for delay or decommitment.  Many people have asked what is behind this,and I can offer no explanation ­ it certainly does not make for good politicsor policy.

Ihope that Ministers will restore the Bill to the Queen's Speech and take itthrough Parliament with some urgency. If there are changes in the government's attitude to public health andthe 1998 tobacco White Paper, Smoking Kills, I would welcome a chance todiscuss this with you and to understand better the government's newperspective.

Iam copying this letter to Yvette Cooper, and to the Prime Minister's office.

Yours sincerely

Clive Bates

Director

Attached:  Ministers' views on tobacco advertising ­ a selectionof quotes