Talking Point: Lifting smoking age will only affect freedom

ROBERT MALLETT: Good reasons for government to knock back the plan once more

Smoking cigarette

They say if at first you don’t succeed, try and then try again. That’s certainly a mantra that Ivan Dean has adopted with his latest proposal to try to restrict smoking.

Personally, I respect Mr Dean for his passionate advocacy in this space because I know it is something that he strongly believes in.

Unfortunately, his latest attempt to restrict smoking, by lifting the legal age at which tobacco products can be purchased to 21, will dramatically curtail freedom of choice while not making any tangible difference to smoking rates.

It is also a proposal which has already been rejected by the Government.

After consulting extensively on the proposal in 2016, Health Minister Michael Ferguson said “it is a challenging proposal involving a balance of preserving individual adult rights and freedom of choice with the desire to reduce youth smoking … We have consulted widely on the concept after having included it in the Healthy Tasmania Consultation Draft and have come to the view that it is not an appropriate response at this time.”

There were good reasons why the Government decided not to proceed with the proposal, reasons that haven’t changed in the two years since.

First, it fundamentally offends against the age of majority. According to Australian law, you become an adult at age 18 — old enough to vote, drink alcohol, go to war, go to jail if you break the law, and yes, buy cigarettes.

In other words, at age 18 you are judged old enough by the state to make important decisions for yourself — and bear the consequences of ill-considered decisions.

Second, as we all know, prohibition simply does not work. Unfortunately, the current law doesn’t stop under-18s from accessing tobacco products now, if they really want to. We would all be fools if we thought simply changing the threshold to 21 would make any difference.

Third, this proposal would undoubtedly have a negative effect on small retailers, particularly in regional Tasmania, for no practical gain. It is a fact that tobacco sales make a significant contribution to the profitability of small retailers and this change would cut a chunk out of their business, affecting jobs, for no tangible health gain. In addition, it would be costly and difficult to implement, with young employees at these outlets needing additional training and being expected to ask for IDs and if necessary, refuse service to peers and patrons older than themselves.

Fourth, when the Government decided not to proceed with this proposal in 2016, they put in place a suite of other measures, some of which we didn’t like, to help tackle smoking rates.

This included dramatically increasingly the penalties for selling or supplying smoking products to a child, such that is now an offence liable to prosecution in a court; and a dramatic increase in the Tobacco Sellers’ Licence fees.

Lifting the smoking rate on top of these changes would be a form of double-jeopardy to small retailers.

Finally, the matter is being considered nationally by COAG. It makes no sense for Tasmania to legislate while the matter is being considered on a national level.

Just imagine the confusion it would cause to tourists, and likely impact on that critical sector, if we were to be the only state to enact this change.

I want to be clear. I’m no fan of smoking, and I don’t smoke myself. But neither am I a fan of poker machines, or binge drinking at 18th birthday parties. But that doesn’t mean that I support curtailing choice and radically attempting to redefine adulthood by changing the age at which these products can be accessed.

Robert Mallett is executive officer of the Tasmanian Small Business Council.