<p>Group 4: Retailers of Tobacco and Nicotine Products (Amendments 32, 21)</p>

6. 6. Debate on Stage 3 of the Public Health (Wales) Bill – in the Senedd at 4:06 pm on 9 May 2017.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:06, 9 May 2017

(Translated)

The next group of amendments relates to retailers of tobacco and nicotine products. Amendment 32 is the lead amendment in this group and I call on Angela Burns to move and speak to the lead amendment and the other amendment in the group—Angela Burns.

(Translated)

Amendment 32 (Angela Burns) moved.

Photo of Angela Burns Angela Burns Conservative 4:06, 9 May 2017

Diolch, Llywydd. In keeping with the Welsh Conservative policy intent to protect small businesses from undue penalisation from this legislation, we have tabled this amendment that sets out an intent to protect retailers and their data by ensuring that only relevant information is held about them on a retailers register. We welcome the willingness of the Minister to work with us in this regard and to share our concerns as to what is reasonable when it comes to storing information on retailers. At the committee stage, the Minister stated:

‘One of the key considerations when developing the retail register was ensuring that the appropriate balance is struck between achieving the policy aims whilst minimising the burden on retailers. In line with this guiding principle, we would not want to include extra details, such as photographs, unless it became absolutely necessary. Nevertheless, it is important that the ability to add additional information to the retail register is retained in order to be able to respond to changing circumstances.’

I raise this as a major concern because, actually, small businesses are usually very tight on time, don’t have rafts of experts to help them and could be put under immense pressure if a county council or any other authority chose to try to extract more information from them. So, I’m very pleased that the Welsh Conservative amendments at Stage 2 prompted a reconsideration of section 27(6) by the Minister. I would like to thank both the Minister and her lawyer in helping us to review this section and the lawyer for her help in redrafting it. I would ask Members to support this amendment.

Photo of Elin Jones Elin Jones Plaid Cymru 4:08, 9 May 2017

(Translated)

I call on the Minister. Rebecca Evans.

Photo of Rebecca Evans Rebecca Evans Labour

Thank you. I’m grateful to Angela Burns for bringing forward amendment 32 following an issue that she raised at Stage 2 about the potential for the registration authority to include information on the register that is not consistent with the policy intent. I’m happy to confirm that the Government will support this amendment. However, the acceptance of amendment 32 raises an issue that needs to be addressed.

Amendment 32 would prevent information being included on the register about whether or not a retailer offers home delivery or collection services. It’s important that this information is available to enforcement authorities to aid with the enforcement of the new offence of handing over tobacco and so on to persons under the age of 18, to be introduced by Part 2, Chapter 4 of the Bill.

Amendment 21 is required to allow that information to be available on the register. Therefore, I ask Members to support both amendments in this group, which together ensure that only appropriate information is included on the register and that enforcement authorities can access the information they need about provision of home delivery and collection services.

Photo of Elin Jones Elin Jones Plaid Cymru 4:09, 9 May 2017

(Translated)

I call on Angela Burns to reply to the debate.

Photo of Angela Burns Angela Burns Conservative

Just to say: thank you very much, Minister, for your co-operation. I would like to reiterate once again that the Government lawyer was most helpful in this matter.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 32 be agreed to. Does any Member object? Amendment 32 is agreed.

(Translated)

Amendment 32 agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 4:10, 9 May 2017

(Translated)

Minister, amendment 21.

(Translated)

Amendment 21 (Rebecca Evans) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 21 be agreed to. Does any Member object? Amendment 21 is agreed.

(Translated)

Amendment 21 agreed in accordance with Standing Order 12.36.