Joint Committee On Human Rights Twenty-Third Report


Bills not requiring to be brought to the attention of either House on human rights grounds

Bills that raise no significant risk of incompatibility

11 Children's Food Bill
Date introduced to the House of Commons

Current Bill Number

Previous Reports

18 May 2004

House of Commons 110

None

11.1 The Children's Food Bill provides a power to make regulations prohibiting the marketing of certain foods and drinks to children, where the Food Standards Agency has decided that their content is detrimental to the health of children.[158] Such a prohibition would engage freedom of commercial expression under Article 10 ECHR, and the compatibility of any such prohibition would depend on the precise form of the regulations, but we consider it likely to be a proportionate interference serving the legitimate aim of the protection of health.

11.2 The Bill also bans the sale of such food or drink to children on school premises.[159] This might engage the right to property/peaceful enjoyment of possessions in Article 1 of Protocol 1 ECHR, if it were to interfere with vested contractual rights, but we consider that such interference would be likely to be a proportionate interference serving the legitimate aim of public health.


158   Clause 3(1) Back

159   Clause 6(1) Back


 
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