Govt hears from industry on proposed tobacco ban

By Gabriella Ramagge

The Gibraltar Government consulted with industry as it progresses with draft legislation which, if passed, would ban any Gibraltar resident born on or after January 1, 2009 from legally buying tobacco products

A command paper was published last March by Gemma Arias-Vasquez, the Minister for Health, Care and Business, and opened a consultation period for public feedback.

Mrs Arias-Vasquez said there were around 28 to 30 respondents.

“I now have to take that to Cabinet and then determine whether or not we're going pass the Bill,” she said.

The Government received feedback from retailers and industry, which Mrs Arias-Vasquez said highlighted the economic impact on small and medium sized businesses.

“I really thank them for providing all that feedback,” she said.

“Most of the issues we probably had considered. There was one or two that we had a debate around about the very practical aspects of it.”

She added that it will not be illegal for those born after January 1, 2009 to smoke but rather to buy tobacco products.

“There was a lot of misunderstanding around, it is not illegal for them to smoke,” she said.

“We're not depriving people of the choice. Nicotine is a highly addictive substance and addiction is not a choice.”

“We're not making it a punishable offence for them. It's the sale of it, or the handing over of it to that younger age group.”

“People think, well you're banning people from doing X, Y, Z. No, no, no. What we're doing is, it's the sale and the handing over to the younger people.

“But we are trying to make it harder for people to get into the habit of smoking.”

The idea behind the legislation is to create a smoke-free environment.

Under the draft provisions, any Gibraltar resident born on or after January 1, 2009, will not be allowed to legally buy tobacco products.

The legislation, if approved, would come into effect on January 1, 2027, the date on which those born on or after January 1, 2009, turn 18 years of age.

Gibraltar’s legislation would also apply to non-resident juveniles who will not be allowed to buy tobacco products.

It also proposes a ban on the sale and advertising of single-use vapes regardless of age.

Anyone who sells products to a person covered by this legislation could face fines of up to £10,000. Those who hold retail licences could face penalties of up to £20,000 for repeat offences, and revocation of their licence.

The draft legislation covers all tobacco products that can either be smoked, sniffed, sucked, chewed or consumed in any other way.

It also prohibits the importation and sale of sweets, snacks or toys which imitate tobacco products and the legislation will ban the sale of tobacco products by vending machine.