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The government’s smoking ban must be repealed as it is “unworkable and unenforceable”, a senior Kent county councillor has claimed.
The flagship plan to steadily raise the age at which smokers can buy tobacco products will simply encourage counterfeit goods and smuggling, said Cllr Sean Holden.
The government’s bill passed through parliament last week with backing from the opposition, although there was some Conservative resistance.
Prime Minister Rishi Sunak has described his plan to phase out the sale of cigarettes as the "biggest public health intervention in a generation".
Cllr Holden, who chairs the Kent County Council (KCC) Environment and Transport cabinet committee, said: “All this legislation is doing is encouraging counterfeit tobacco products finding their way into shops in Kent. It’s already a considerable problem.
“And it will most probably encourage cigarette smuggling and black market activity, considering cigarettes are already very expensive.
“I would like to see the legislation repealed. In my view, it is unworkable and unenforceable."
“The notion that someone of 45 can't buy cigarettes and someone of 46 can is a bit ludicrous and can't work…”
Ultimately, KCC's Trading Standards department will have to deal with the illegal trade in fake or smuggled tobacco products.
Last April, a multi-agency operation carried out in Gravesend helped to illustrate the scale of the problem in the county.
Police and trading standards officers and other staff visited eight shops where more than 242,000 cigarettes and 1,500 pouches of hand-rolling tobacco, with a sell-on value of £76,000, were seized.
The PM’s flagship bill is similar to laws passed in New Zealand where a gradual raising of the legal age was introduced but later scrapped to pay for tax cuts.
The law was designed to prevent smoking-related deaths and save the health service billions.
The New Zealand government said there would be education and other smoking policies to reduce the habit instead of an outright ban.
Cllr Holden, who will stand down at next year's KCC elections, added: “We have a situation in this country where only 13% of the population smoke tobacco, compared to 51% in 1960.
"But the notion that someone of 45 can't buy cigarettes and someone of 46 can is a bit ludicrous and can't work.
“I wrote to two Kent MPs to express my disappointment at their support for the smoking ban.”
Some Conservatives were opposed to Mr Sunak’s laws on libertarian grounds, arguing people have the right to make bad choices.
“Our plan will save lives, ease the strain on our NHS and ensure a brighter future for our children…”
Public Health Minister, Andrea Leadsom, said: "Smoking is the number one preventable cause of disability, ill health and death in this country. Once it becomes a habit, its addictive nature means that it is extremely difficult to stop.
“Because the case against these harmful products is so strong, it’s not surprising that the majority of the British public - including those who smoke and those who sell tobacco - support plans to protect the next generation from the misery of smoking.
“Our plan will save lives, ease the strain on our NHS and ensure a brighter future for our children.”
Professor Chris Whitty, chief medical officer for England, said: “Smoking kills and causes harm at all stages of life from stillbirths, asthma in children, stroke, cancer to heart attacks and dementia.”