“Mr Speaker, I beg to move.

I seek the Assembly’s approval to introduce the aforementioned statutory rule.  

Subject to the Assembly’s approval, this Rule will ban the sale of tobacco products from vending machines in Northern Ireland.  The main aim in introducing the legislation is to prevent children and young people from being able to access tobacco from a largely unsupervised source.

Assembly Members will recall agreeing, in March 2009, to the extension of certain tobacco-related provisions in the Westminster Health Act to Northern Ireland.  These provisions provided my Department with powers to lay four separate sets of regulations relating to the display of tobacco products in retail outlets, and the sale of tobacco from vending machines.

All four sets of draft regulations were the subject of a public consultation in the latter half of 2010 and a summary of the consultation responses was published on my Department's website on 23 August 2011.  All consultation responses were carefully considered and helped inform the final regulations.

Today, I wish to move the Protection from Tobacco (Sales from Vending Machines) Regulations (Northern Ireland) 2012.  This Statutory Rule is very brief and contains only two regulations – the first provides that the sale of tobacco from vending machines be prohibited, and the second provides important clarity about who would be liable in the incidence of a breach of the legislation.  

For the purpose of this legislation, the person who controls or is responsible for the management of a premises where a vending machine is sited, would commit an offence if tobacco sales were made from such a machine once the legislation has been commenced.  

These regulations will bring Northern Ireland into line with the rest of the UK.  Similar regulations were commenced in England from 1 October 2011; Wales will be introducing a ban on tobacco vending machines from 1 February 2012; and Scotland is in the process of making legislation to this effect also.   

Assembly members will be aware that smoking is well recognised as the single greatest cause of premature death and avoidable illness in Northern Ireland, claiming some 2,300 lives here each year.

It is a major risk factor for coronary heart disease, strokes, cancer and other diseases of the circulatory system.  These diseases are also key causes of disability, and have life changing impact, not only on sufferers but also on their families.

Smoking is also a major cause of health inequalities and is the principal cause of the gap in life expectancy between affluent people and those on low incomes.  A person living in one of the most deprived areas of Northern Ireland is twice as likely to die from lung cancer as someone who lives in the least deprived area.

There has been considerable progress on tobacco control in recent years and the rate of smoking prevalence has declined over the last decade.  However, our smoking prevalence rates remain higher than those in England and Wales with almost one in four adults are still smoking.  This figure rises to one in three in certain areas of Northern Ireland.  

Significantly, a recent survey shows that 82% of adult smokers in Northern Ireland took up the habit in their teens and 8% of children between 11 and 16 here are regular smokers.

It is therefore clear that, if we are to achieve a significant reduction in smoking prevalence, we must deter young people from taking up the habit.

Children and young people are particularly vulnerable consumers in that they are generally unaware of the long-term health implications of tobacco use.  By the time they reach adulthood and the dangers are more apparent, they have become nicotine-dependent, and have joined the majority of smokers who would like to quit but find it very difficult.

The Young Persons' Behaviour and Attitudes Survey carried out in Northern Ireland in 2010 reveals that for 14% of smokers aged between 11 and 16 years, cigarette vending machines are a usual source of tobacco.  

Evidence from test purchasing exercises carried out in England before a ban was introduced there, showed that under-18s were able to make illegal purchases of tobacco from 58% of vending machines tested, and that one quarter of these machines were sited in unsupervised areas.  While a similar exercise has not been carried out in Northern Ireland, we have no reason to believe that the situation here is any different.

I would like to add that removing tobacco vending machines will not only remove an easily accessible source of tobacco from underage children, but it will also support the thousands of smokers who try to quit each year, linking the legislation with two main objectives in my Department's new tobacco control strategy which is due to be published later this month.

The new strategy will retain the key objectives from the previous tobacco action plan.  These are:

The Public Health Agency will be responsible for implementing the new Strategy and will, of course, continue to explore with statutory and voluntary sector agencies how best to discourage  young people from adopting the smoking habit.

I have already stated that I will be laying four new sets of tobacco control regulations in total.  The other three relate to banning the display of tobacco products at point of sale in retail outlets, thereby protecting children from exposure to tobacco advertising in the form of the brightly lit, colourful gantries found behind the tills in most newsagents and convenience stores.  These will be commenced in Northern Ireland in the latter half of 2012 for large shops and in 2015 for smaller shops.

I also intend to bring forward proposals this year that will impose sanctions on those retailers who persist in selling tobacco to those under age.

My Department provided resources to facilitate the appointment of additional enforcement officers to maximise compliance with smoke-free legislation in 2007.  This funding is continuing and is linked to enhanced enforcement activity on underage sales.  This will include any enforcement activity required to implement the vending machine regulations.

We do not permit the widespread sale of other age-restricted products such as alcohol, fireworks, or lottery tickets through vending machines.  It is therefore entirely appropriate that tobacco should not be available in this way.

I trust therefore that I have the Assembly’s support in prohibiting the sale of tobacco - a very harmful and addictive product - from vending machines in Northern Ireland and commend the motion to members.