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Brian Monteith is
 a former Tory student chairman and Conservative MSP.  He is now editor of ThinkScotland.org

Screen shot 2013-08-06 at 11.12.14In June this year, our Coalition Government agreed a general response
to the European Commission’s Tobacco Products Directive (TPD) at a meeting of
European health ministers in Luxembourg.  Unfortunately, because the
Conservative Public Health Minister, Anna Soubry, avoided the House of Commons
European Scrutiny Committee, Members of Parliament were denied the opportunity
to discuss the directive and the ramifications of its proposals are only now
beginning to emerge.

The Luxembourg meeting agreed, among other things, to ban the sale
of menthol cigarettes and increase the size of health warnings on all tobacco
products throughout the European Union. If passed by MEPs in September, the Tobacco Products Directive
will also prohibit smaller pouches of roll your own tobacco and severely
restrict the shape and size of cigarette packets.

Whatever one thinks of Europe and its hunger for more and more
regulations, this latest assault on the buying and selling of a legal product in
Britain is entirely self-inflicted by our own government. Who would have
expected a Conservative-led government to take Labour’s public health
regulations that restricted the availability or consumption of tobacco and the
campaigns that demonised smokers – and seek to make them even more punitive?


The Conservative Party had originally suggested that, if elected to government, it
would not follow through with the removal from sight of cigarettes and other
tobacco products that Labour had planned to introduce before its defeat in
2010.  With an eye on protecting the fragile incomes of small shopkeepers
vital to local neighbourhoods, such a costly and invasive policy did not appear
in the election manifesto or Coalition Agreement. And yet the Coalition
succumbed to the tobacco control lobby, and soon carried on with the policy
regardless.

The Government’s recent decision not to introduce the
Australian-style standardised packaging of cigarette packets was portrayed by
David Cameron’s opponents as a U-turn that must have been engineered by the
prime minister’s  political strategist, Lynton Crosby. But U-turns can
only happen where a policy exists; again, the idea was not in any manifesto
(even Labour had previously rejected it) or the Coalition Agreement.  The
clamour for the legislation was entirely synthetic, whipped up by ASH and
fellow lobbyists, the public Health Minister making policy up on the hoof and
the drive for more controls from within the Department of Health. 

There was a time – that seems so long ago now – when David Cameron
and George Osborne were reading “Nudge – improving decisions about health,
wealth and happiness” and saying this was how the Conservatives would manage
public health – helping to guide people to make the right decisions in their
own interest.  This so-called libertarian paternalism was said to be the
answer to Conservatives not having done enough in the past to address issues
such as smoking, obesity and alcoholism; it would leave people their freedoms,
but point them in the direction of travel.

Well, whatever happened to nudge theory in the Coalition
government remains a mystery – for the outright banning of menthol cigarettes,
slim cigarettes and small pouches of roll-your-own tobacco is nothing other
than prescriptive.  It is bullying authoritarianism dressed up as social
concern.

The argument about menthol cigarettes is that it encourages young
people to take up smoking as they are flavoured, but this is an incredibly weak
justification, as the main entry to smoking is through cheap counterfeit and
passed-on cigarettes from peers. Tobacco has always been flavoured  – just
look at the different types of pipe tobacco, all of which are flavoured. Sorry, I
forgot the displays of these have been banned!

Meanwhile, the idea for plain packaging has not gone away but
remains very much alive and will no doubt resurface in a few years time under a
new Public Health Minister, for it would seem that whoever is given that post
is soon under the spell of the Department if he or she was not already of the
same view.

For years, some of us have warned that some public health
campaigners and politicians will only be happy when the sale and consumption of
tobacco is prohibited and smoking is made illegal. Clearly, we are on the road
to prohibition when an entire category such as menthol-flavoured tobacco is to
be outlawed.

This and other regulations in the Directive could have serious
repercussions for British retailers, many of whom will struggle with a further
loss of business. If the products under threat are banned, some UK shops could
see 20 per cent of their usual stock of tobacco removed from the shelves. How
will they replace the revenue they earn from those products? Yet another
victory for the large supermarkets.

The impact of the legislation will also be felt by millions of
law-abiding consumers, who will be denied the choice they once took for granted
in what they thought was a free and open society. Criminal gangs will of course
be only too happy to meet demand on the black market, countering the claims
that the bans are to reduce the attractiveness of taking up smoking by young
people. The more smoking and access to tobacco is made difficult, the more
the counterfeiters are able to ply their unlicensed and unscrupulous products
to younger people. The more smoking is demonised by the state the more it is
seen as a rite of passage to becoming a young rebel with a cause.

It is time for Conservatives to redefine public health, and take it
away from this incessant attack on individual lifestyle choices and back to
diseases that are infectious and contagious – in other words public. 
People need to take responsibility for themselves, and thus their families and
their communities – learn from their mistakes and pass on the experience so
that our cultural attitudes and behaviour changes.  The pace of change may
not satisfy a politician’s immediate need to be seen to be doing something, but
the result is more lasting and accepted. That way is democratic, that way is
Conservative.

Most of all, we need to prevent health policy from trying to force
people to live as long as miserably possible towards improving the quality of
life and those we care for. The directive can still be halted, the British smokers’ group
Forest has launched a new campaign that will give consumers and retailers in
Britain a much-needed voice against the latest EU Directive, seeking to
influence MEPs. It’s called NoThankEU, and it follows
the successful Hands Off Our Packs campaign on plain packaging.

The campaign website has more information, but here are five
reasons to oppose the Tobacco Products Directive:

  1. Have we learned nothing from history? Prohibition doesn't work.
  2. Excessive regulation will deny consumers choice and drive them
    to the black market and online contraband sales.
  3. Criminal gangs will make a fortune manufacturing and selling
    prohibited products while legal businesses will lose income and the HMRC the
    tax receipts.
  4. Don't let the EU impose an extreme regulatory agenda on UK
    consumers .
  5. What next – alcohol, sugary drinks, convenience foods, salt
    levels, Caffeine and alcohol drinks? Lobbyists are already campaigning for such
    laws

To register your support for the campaign against the Tobacco
Products Directive, visit NoThankEU.com.

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