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Norman Lamb (North Norfolk) (LD):
I shall keep my remarks very brief, because the Liberal Democrats do not want to do anything to slow the progress of the Bill, which we wholeheartedly support. I, like the hon. Member for Boston and Skegness (Mark Simmonds), the Conservative spokesman, also see the case for implementing a control over the strength of radiation
from sunbeds in this country, and from discussions with the industry I am conscious that very many salons have sunbeds with radiation that is above the recommended EU level. That is putting people-both youngsters under 18 and older people-at risk. I should like to see effective action from the Government on that issue, but subject to that we are very keen to see the Bill implemented. It is evidence-based, and it will save lives.
Mr. Edward Leigh (Gainsborough) (Con): I rise to support my hon. Friend the Member for Christchurch (Mr. Chope) and his new clause 1, which seems to be an excellent way of protecting the public and ensuring that we comply with European standards.
I have not used a sunbed for more than 40 years. Indeed, the reason why I have such red skin is not that I sit under sunbeds. I am interested in the subject because I was prescribed sunlamp treatment-we did not really have sunbeds 40 years ago-when I was under 18 years old. I have always suffered from various skin diseases, and I suffer from rosacea now, but when I was under 18 I was advised to sit under what would now be considered very old-fashioned and, I think, very primitive sunlamps. I remember that I wore some horrible black goggles, and that horrible lamp was boring rays into me. The whole thing was completely unregulated. There was no proper advice; one just went to a local shop and bought the machine, and I was under the impression that it would solve the skin ailments about which I felt more embarrassed at 17 and 18 than I would now.
Since then I have suffered from skin cancers, which have had to be removed. Luckily they have not been particularly serious, but I have always thought that the very powerful sunlamp treatment that I was given, without any proper medical advice more than 40 years ago when I was under 18, was probably a very serious mistake indeed, and not something that a fair-skinned person in a northern temperate climate should undergo. I am not antagonistic towards sunbeds, because everyone is different and entitled to their life, but unless people are very careful, particularly when they are young, sunbeds can be quite dangerous.
A couple of years ago I was sitting with my father-in-law in a local restaurant in Lincoln, and we noticed that he was scratching on the back of his leg a spot that was bleeding badly. We said that we should really do something about that, and he had not bothered, of course. He took himself off to the doctor, however, and it turned out that my father-in-law was six months away from death: the spot was a melanoma. The medical staff had to remove all his lymph glands; it was a very serious condition; and they reckon that it had arisen just from some sun-probably not a sunbed or anything like that-that he had received 40 or 50 years before. That was the point that my hon. Friend the Member for Boston and Skegness (Mark Simmonds) made: people just do not realise not only that these conditions can be very dangerous, but that they can arise 40 or 50 years later.
So anything that educates the public about the risk of sunlamps or sunbeds, and anything that ensures the greater protection of children, is a good thing. I am therefore glad that in dealing with clause 3, entitled "Exemption for medical treatment", my hon. Friend the Member for Christchurch has made it absolutely clear that his new clause is only a probing amendment.
Indeed, with medical knowledge being much more advanced now than when I was under 18, it may be appropriate for under-18s to undergo sunbed or sunlamp treatment.
Generally, I think the Bill is probably a good thing. It is unlikely to become law, but at least it raises the relevant issues and makes people more aware of what is going on. I very much hope, however, that the Government and the promoter of the Bill, the hon. Member for Cardiff, North (Julie Morgan), will feel able to accept new clause 1. We would then be able to protect all the public, not just children.
The Parliamentary Under-Secretary of State for Health (Ann Keen): As my hon. Friend the Minister responsible for public health has said on previous occasions, the Government fully support the Sunbeds (Regulation) Bill. It is about tackling a public health issue and protecting young people, but we believe that it will also raise awareness of the dangers of sunbed use more generally.
I shall speak first to the new clause that the hon. Member for Christchurch (Mr. Chope) tabled. The new clause would make it an offence, punishable by a fine of up to £20,000, to sell or hire a sunbed that failed to comply with a European technical standard or that emitted a certain level of UV radiation. The proposed new clause is therefore about product safety and technical standards.
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Product safety for consumers is a very important issue. There is already existing national legislation, implementing European Community legislation, which covers the safety of both new and second-hand products, including sunbeds. The European safety framework for sunbeds is based on directive 2006/95/EC, commonly referred to as the low voltage directive; directive 2001/95/EC, the general product safety directive; and European standard EN60335-2-27.
In the UK, the Electrical Equipment (Safety) Regulations 1994 implement the low voltage directive and cover all new products that are supplied on the Community market. The General Product Safety Regulations 2005 implement the general product safety directive and apply to all products-whether new or used-that are intended for consumers, except where other Community legislation contains specific safety requirements with the same objectives. The General Product Safety Regulations 2005 require that all supplied products within their scope are safe.
A product is considered to be safe if it complies with national safety rules or voluntary national standards transposing European standards, such as the standard that applies to sunbeds, and to which the new clause refers. That standard also provides a presumption of conformity with the low voltage directive. It has applied since 1 April 2009 and currently imposes the same UV radiation limit to which the new clause refers. However, as we all know, scientific knowledge advances and what may be considered a safe limit today may change in the future.
A reference to specific radiation limits in the legislation could make it out of date as scientific knowledge advances. If the radiation limit in the standard were changed, and
the proposed new clause were accepted, primary legislation would be needed to update the limit. The Electrical Equipment (Safety) Regulations 1994 use the definition of "supply" in the Consumer Protection Act 1987. The General Product Safety Regulations also define "supply" broadly. In both cases, the definitions of "supply" are considerably wider than that proposed in the new clause.
The Electrical Equipment (Safety) Regulations and the General Product Safety Regulations together provide a legislative framework that is more robust than the one that the new clause proposes. There is therefore no need for the new clause. It refers both to the European standard and to a limit for the UV radiation that is emitted by a sunbed. A reference to specific technical standards in legislation would necessitate formal notification to the European Commission, and that requirement is intended to avoid the creation of new technical barriers to trade within the Community.
Under that notification procedure, member states and the Commission have an opportunity to raise concerns about potential barriers to trade. Adherence to the European standard in the new clause might invoke objections to the draft legislation because the standards are voluntary. No national legislation can conflict with Community harmonising legislation.
Mr. Chope: The standards in new clause 1 are those that apply in a number of EU countries. If the EU is content that those standards should apply in those countries, why is the Minister raising the canard that they might not be able to be applied in this country?
Ann Keen: I am advised that considerably increased use of sunbeds and the associated risks have spurred the Commission to press member states to take positive action to protect consumers. However, I am not aware of any Government sign-up or when that will take place. I am advised that the hon. Gentleman's point would not be acceptable, as that is not the case in other member states.
The directive 98/34 procedure requires a three-month standstill period after notification before any action can be taken on the proposed legislation. It is clear that accepting the new clause would stop the passage of the Bill. The Government resist new clause 1, as they think it unnecessary.
Mr. Chope: Will the hon. Lady give way?
Ann Keen: I need to make progress, given the time factor.
I will now speak to amendments 1, 2, 3, 4, 5 and 6, which all relate to the reduction of the proposed age from 18 to 16. The World Health Organisation, the Committee on Medical Aspects of Radiation in the Environment, which I will refer to as COMARE from now on, and the Scientific Committee on Consumer Products of the European Commission, have all recommended that under-18s be prevented from using sunbeds for cosmetic purposes. Setting the age limit at 18 is clearly in line with these recommendations. Scotland already has legislation on the use of sunbeds, and it sets the age at 18. It is also worth mentioning that in Europe, France, Germany, Finland and Spain all ban people under 18 from using sunbeds. Of course, there is other legislation that imposes age restrictions and that
has been raised in the debate on the amendments this morning. The Government do not support the proposed reduction of the age limit from 18 to 16.
Amendment 8 seeks to remove clause 3 from the Bill. Clause 3 provides for an exemption from the duties in clause 2 that prevent sunbed use by under-18s when the treatment is for medical purposes. There may be some medical complaints-some skin problems, for example-for which the use of a sunbed is advised as part of treatment. COMARE and the World Health Organisation recommend that medical treatment should take place in clinical settings under clinical supervision.
However, it is important that that medical exemption should not be used by sunbed businesses to circumvent compliance with the duties in respect of the main offence in clause 2. For the exemption to apply, the medical treatment must be under the supervision or direction of a registered medical practitioner such as a licensed doctor. It must also take place on a sunbed in, or provided by, a "healthcare establishment"-a hospital, for example-and the sunbed must be used only for the purposes of medical treatment. This is a very tightly drawn exemption, and rightly so.
The Government acknowledge that there will be situations in which the therapeutic use of sunbeds for under-18s is necessary for medical reasons. For that reason, a medical exemption is necessary and the tightly drawn conditions required for the exemption to apply are appropriate.
Amendment 15 seeks to delete clause 4(4). Clause 4 contains some regulation-making powers, some of which require mandatory consultation with interested parties before the regulations are made. If the Bill receives Royal Assent, there will be a year before it comes into force. That period can be used effectively to consult on some of the proposed regulations. The effect of amendment 15 would be to remove the confirmation that the consultation before the Bill comes into force is the effective mandatory consultation required by the Bill.
Amendment 16 seeks to omit clause 5 from the Bill. Clause 5 allows regulations to be made that require any person carrying on a sunbed business to provide and display information about the health risks of using sunbeds to those who use or may seek to use one. Regulations may ban sunbed businesses from providing or displaying any material containing statements relating to the health effects of sunbed use, other than information prescribed by regulations.
All users of sunbeds should be aware of the health risks involved in using sunbeds. It is right that there should be regulations. It is also right that users should not be misled. COMARE recommendations are that information on the health risks associated with the use of sunbeds must be provided to users, and that commercial outlets and sunbed retailers should be prohibited from using information promoting unproven health benefits of sunbed use. The World Health Organisation guidance says that claims of health benefits should not be made in the promotion of sunbeds. Clause 5 is in line with recommendations, and therefore the Government do not support amendment 15.
Amendment 31 relates to clause 10(2)(a), which allows for regulations made under the Act to
"make different provision for different cases or different areas."
It is a standard provision seen in connection with all modern regulation-making powers and means that regulations made under the powers in the Bill do not have to make a single, blanket provision but can be adapted for different areas and circumstances.
Amendments 10, 11 and 12 would amend clause 11 and they would attach the affirmative procedure to all regulations made under the Bill. That procedure is already attached to all such regulations save for those made under clauses 5 and 6-the latter of which is on protective eyewear-when they do not create an offence, increase the penalty for an offence or include enforcement provisions. In practice, that means that the vast majority of regulations will already require debate. The small proportion that will not are those containing details that, although important, do not justify taking up parliamentary time by automatically requiring approval after a debate.
Considering amendments to a Bill is always a useful exercise in reviewing its provisions and determining what purpose they serve and whether they are necessary. I believe it is clear from what has been said that the provisions of this Bill have been carefully considered and that each subsection has been drafted for a specific and very useful purpose. I therefore ask the hon. Member for Christchurch to withdraw the new clause.
Julie Morgan (Cardiff, North) (Lab): I shall attempt to cover briefly the amendments tabled by the hon. Member for Christchurch (Mr. Chope). New clause 1 raises an important issue, which the Minister covered fully in her response. The important point is that were the new clause to be successful, there would have to be a standstill period for consultation in the European Union. Adopting it would wreck the Bill.
Mr. Chope: The hon. Lady completely overstates her case. She recognises that the Bill would not be implemented until at least 12 months after obtaining Royal Assent. Would that not be enough time for any consultation if that is needed? Can she confirm that at the meeting on Sunday with the Sunbed Association, it made it clear that it was absolutely determined to ensure that new clause 1 should form part of the Bill?
Julie Morgan: If the new clause were passed, we would have to stand still while there was consultation in the EU, so the Bill would not be able to go any further. That is why I am resisting the new clause. As far as the Sunbed Association is concerned, it supports the Bill as it is but would prefer it strengthened.
Amendments 1 to 3 relate to the age limit. I believe that 18 is the right choice based on the scientific evidence. We have already heard that the risk of skin melanoma is increased by 75 per cent. if the use of tanning devices starts before 30 years of age, and all the scientific and medical evidence is that the minimum age should be 18. As hon. Members have said, that also fits in with the fact that under-18s are not allowed to buy alcohol or cigarettes, and that the Scottish legislation relates to under-18s, so I firmly stand by the age of 18.
Amendment 8 has been clearly covered. There are occasions when medical treatment through sunbeds is needed, so it is very important that clause 3 remains. For example, sunbeds are sometimes recommended as treatment for psoriasis. We are saying very strongly that
such treatment should be under medical supervision at medical premises, so it is important that the provision remains in the Bill.
Amendment 5 and 6, again, would lower the age at which young people are restricted from using sunbeds. I repeat that I believe 18 is the right age.
On amendment 15, clause 4(4) deals with consultation by the appropriate national authorities before supporting regulations are made. The principle of the subsection is important to ensure that there is full consultation by the relevant authority before regulations are introduced. It is procedural and helps make the Bill workable, so I do not support the amendment to leave the subsection out.
Amendment 16 deals with the provision of health information in regulations. Sunbeds have been linked to eye damage, premature skin ageing and skin cancer. The point that we cannot always see the damage straight away has been forcefully made by the hon. Member for Gainsborough (Mr. Leigh). It is crucial to provide information. There should be full consultation on what that information should include, so I am happy that the regulations include a requirement for health information. I oppose amendment 31, which would delete paragraph (a) from clause 10 (2). The remaining amendments are technical.
The Bill is an important measure. In moving new clause 1, the hon. Gentleman said that if one young person loses their life to skin cancer, that is one life too many. If the Bill is enacted, it will certainly protect young people's lives.
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Mr. Chope: We have had a useful debate on this group of amendments, particularly on new clause 1. Before replying to the debate, may I welcome the contribution of my hon. Friend the Member for Gainsborough (Mr. Leigh) who, in his typically succinct and articulate way, explained that the issue should be about proper education so that people are aware of the risks and consequences associated with exposure to ultra-violet light, whether natural or artificial? That is a common cause across the House. If anyone is following the debate in the real world, they might decide that they are now going to put on protective creams, and not expose themselves to the sun too much, particularly on their first exposure of the year. They might decide to ensure that their children use protective sun creams, or to write to their Member of Parliament and campaign for the Government to reduce VAT on sun cream. I hope that the debate has generated interest outside this place, and thus become a means of promoting the educational cause that we all support.
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