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Government ban on cigarette displays in shops may fail legal test, QC tells trade  

Jump to full article: Times Of London (uk), 2009-10-12
Author: Robin Pagnamenta

Intro:

A flagship government anti-smoking scheme that would ban Britain's shops from displaying cigarettes would be "unenforceable", according to one of the country's leading QCs.

The plan to prevent shops from selling tobacco products unless they are kept entirely out of sight of customers is due to be debated and voted on by MPs today.

With critics saying that the proposal threatens to drive thousands of small corner shops out of business, a backbench rebellion is expected, with as many as one in ten Labour MPs set to vote against the scheme, which is backed by the Government.

However, in advice drawn up for the Tobacco Manufacturers' Association (TMA), Lord Pannick, QC, has raised the prospect of a legal challenge. In his advice, he claims that even if the legislation was passed, it would not carry any legal weight because the Government has failed to give proper notification of its intentions to the European Commission before placing the Bill before Parliament.

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