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."
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