Government "has not yet taken a final decision" on plain packaging

As required, the Government has notified the European Commission of its draft regulations on standardised packaging.

According to a Notification Detail, circulated on Friday, "The draft Regulations relate to the retail packaging of hand rolling tobacco and the retail packaging and appearance of cigarettes …

"The objectives of a policy for standardised packaging would be to improve public health by:

• discouraging people from starting to use tobacco products
• encouraging people to give up using tobacco products
• helping people who have given up, or are trying to give up, using tobacco products not to start using them again
• reducing the appeal or attractiveness of tobacco products
• reducing the potential for elements of the packaging of tobacco products other than health warnings to detract from the effectiveness of those warnings
• reducing opportunities for the packaging of tobacco products to mislead consumers about the effects of using them
• reducing opportunities for the packaging of tobacco products to create false perceptions about the nature of such products
• having an effect on attitudes, beliefs, intentions and behaviours relating to the reduction in use of tobacco products
• reshaping social norms around tobacco use to promote health and wellbeing."

So far so bad. But here's the interesting bit: "The UK Government has not yet taken a final decision to introduce the Regulations."

That's right, four weeks after the conclusion of a "final" six-week consultation and two years after the original 16-week consultation, the Government still hasn't decided whether to introduce plain packaging.

Not publicly, anyway.

If the Government is playing a waiting game it's doing so for a reason. There is speculation for example that ministers don't want to alienate disgruntled Tory MPs at this sensitive time (pre-conference and pre-Clacton by-election).

Then again they don't want to give Labour the opportunity to accuse them of dragging their feet, hence the notification.

In other words, they're trying to keep everyone happy – for the moment, at least.

In a less politicised world no government would rush a decision like this. Like the 2012 consultation, the 2014 consultation attracted a huge response from members of the general public opposed to the policy. On top of that there are legal arguments (from other parties) that require long and serious consideration.

The EC notification is part of the process towards implementation but there's still everything to play for.

After all, if Portugal, Bulgaria and Slovakia can object to similar plans drawn up by Ireland, there's every chance they will object to the UK's regulations as well.

PS. Curiously the EC notification includes all manner of reference documents but doesn't include a report on the 2014 consultation.

Why not, and where is it? How can the Government notify EU member states of its regulations on plain packaging without including a report of the latest consultation on the issue?

It's also worth noting that the reference documents include a report of the Chantler Review but nothing that challenges that flawed report.

If the 2014 consultation report is to be considered objective and impartial it will have to mention some of the criticism of Sir Cyril's report. Won't it?

See: The Standardised Packaging of Tobacco Product Regulations (European Commission)