Saturday 30 October 1999
 
Tobacco advert ban is overruled
By Marie Woolf

TOBACCO firms won a High Court injunction yesterday preventing the Government from banning their advertisements. The Department of Health was ordered to pay them undisclosed costs.

 Ministers had intended to outlaw advertising of cigarettes on billboards and in cinemas, newspapers and magazines from Dec 10 after the implementation of a European Union directive. The injunction granted to Imperial, Gallaher, Rothmans UK and British American Tobacco means that the Government will have to delay a ban until the European Court rules whether the EU directive is legal.

 The tobacco firms' victory yesterday blocks the Government's plans for at least a year. If the firms prove that the EU directive is illegal, they could block those plans indefinitely. Last night Labour MPs said they would attempt to introduce a private member's Bill to ban tobacco advertising. Kevin Barron, MP for Rother Valley, said: "We will not be defeated by the industry's attempt to sabotage the tobacco advertising regulations.

 "A fast-track route to getting the advertising ban in place would be through a private member's Bill, which would hopefully have the Government's support. A draft Bill has been produced which is tougher than the regulations. It would close the loopholes in the EU directive." 

The High Court decided that the Government had acted hastily in not waiting for a ruling from the European Court. John Carlisle, director of public affairs for the Tobacco Manufacturers' Association, said: "The Government has acted in haste and has been found out. They should have acknowledged that the avenue that they chose under a European directive was under threat and that it could be illegal. The ban is based on a false pretence that advertising affects consumption."

 In the High Court, Mr Justice Turner said it was "strongly arguable" that the companies would succeed in their European court challenge. Until then, he said, the Government should be barred from making any regulations under the directive.

 Paul Sadler, of Imperial Tobacco, said: "It is a pity that we had to take this action. We have co-operated for many years in a system of voluntary agreements and hope that effective dialogue between manufacturers and government can now be reinstated."

 Labour policy on banning tobacco advertising suffered a setback shortly after the party came to power, when it emerged that Formula 1 motor racing would not be subject to an immediate ban on advertising. Bernie Ecclestone, the head of Formula 1, had given Labour £1 million, which Tony Blair was later forced to return. The Tories said Government policy on tobacco was in disarray. Dr Liam Fox, shadow health secretary, said: "Today's court ruling calls into question once again the competence of this Labour Government."

 Alan Milburn, the Health Secretary, said: "The tobacco industry will stop at nothing to try to undermine the advertising ban, which will make our nation healthier."