SUMMARY OFFENCES AMENDMENT ACT 2017

Ministerial Statement by the Minister of the Health and Seniors, The Honourable Jeanne Atherden, CA, CPA, JP, MP

Mr Speaker, in December 2015 this honourable House passed the Tobacco Control Act 2015, which came into operation on the 31st July 2016.  The primary intent of the Act was to protect children from smoking and it further implemented some of the obligations of the 2003 World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) in Bermuda.

Mr Speaker, the Tobacco Control Act 2015 prohibits the sale of cigarette products, tobacco products, smokeless tobacco products or rolling papers to persons who have not attained the age of 18 years and is the primary piece of legislation establishing controls over tobacco advertising, promotion, sale and use.

Mr Speaker, it was discovered that the Summary Offences Act 1926 did not undergo a consequential amendment last December when the new Tobacco laws were made.  Such treatment was necessary because the Summary Offences Act 1926 contains a provision that restricts tobacco sales, but only to persons younger than 16. It is proposed that this provision is repealed so that there is clarity that the sale of cigarettes to minors is unlawful.

Mr Speaker, the Summary Offences Act 1926, as amended, no longer contains a provision that restricts tobacco sales to persons younger than 16. The Tobacco Control Act 2015 is now the sole Act that prohibits the sale of cigarette products, tobacco products, smokeless tobacco products or rolling papers to persons who have not attained the age of 18 years.