HC Deb 26 February 1986 vol 92 cc942-4
43. Mr. Foulkes

asked the Solicitor-General for Scotland if he will discuss with procurators fiscal the number of prosecutions for the sale of cigarettes to children.

The Solicitor-General for Scotland

No. I am satisfied that procurators fiscal are aware of the relevant provision, which is section 18 of the Children and Young Persons (Scotland) Act 1937, and that they will give every proper consideration to such reports received by them.

Mr. Foulkes

Is the Solicitor-General aware that the latest figures show that the illegal sales of cigarettes to children in Scotland amounted to £9.5 million last year? Why does he not take some action to stop that? It is the law of the land, like any other law. Will he take vigorous action to ensure that it is enforced and to stop tobacco companies hooking children on this fatal habit in their relentless pursuit of profit?

The Solicitor-General for Scotland

I do not know where the hon. Gentleman got that figure or how he ascertained it—

Mr. Foulkes

From an Office of Population Censuses and Surveys document.

The Solicitor-General for Scotland

Whatever view he or I take of the matter, unhappily for him, the Scottish courts still require evidence and it must be corroborated. I have recently emphasised to procurators fiscal that if evidence of sales is available, prosecutions should be mounted.

Mr. Corrie

Is my hon. Friend aware of the growing problem of children buying cigarettes from cigarette machines? Will he ask the appropriate authorities whether those machines can be put in sites where they can be carefully watched, so that the number of prosecutions can be reduced, not increased?

The Solicitor-General for Scotland

My hon. Friend makes a good point, but he highlights the point that it is extremely difficult to prevent the sale of cigarettes to children from vending machines. I hope that his point: will be properly appreciated.

Mr. Maxton

As so many people die from smoking-related diseases and there is increasing evidence that very few people start to smoke in adulthood—it is usually in childhood —will the Solicitor-General ensure that the Government support the Bill introduced by my hon. Friend the Member for East Lothian (Mr. Home Robertson) to strengthen the law in this area? Will he also, as his colleagues do in England and Wales, collect evidence about the sale of cigarettes to under-16s, which his office does not do at present?

The Solicitor-General for Scotland

The hon. Member for East Lothian (Mr. Home Robertson) is aware, even if the hon. Gentleman is not, that the Government support his Bill. The hon. Gentleman must accept that my hon. Friend the Member for Argyll and Bute (Mr. MacKay) the Under-Secretary of State who is responsible for health in Scotland is positively aggressive in the way that he puts forward his views on the campaign to prevent or dissuade children from starting to smoke, whether they are aged under 16 or not. However, that is a matter of persuasion. I am responsible for those who break the law under the 1937 Act, and I have already said that we are considering the matter carefully.

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