The Parliamentary Under-Secretary of State for Health and Social Care (Neil O’Brien)
Protecting children from the risks of vaping is a key Government priority. We regulate vaping, with a minimum age of sale of 18; advertising restrictions, such as a ban on TV and radio; and a cap on nicotine levels and tank sizes. However, in the past two years there has been an increase in children vaping, which is why we have already taken action and will take further actions.
Despite its effectiveness as a tool for adults to quit smoking, we are concerned about the risks that vapes pose to children and non-smokers. Vapes are not risk-free. Nicotine is highly addictive and can be harmful, and there are unanswered questions on the longer-term use of vaping. As Professor Chris Whitty, the chief medical officer says:
“If you smoke, vaping is much safer; if you don’t smoke, don’t vape”.
So earlier this year, in April, I announced new measures to step up our efforts to stop children getting hooked on vaping. First, I announced a new specialised illicit vapes enforcement squad. It is a dedicated new team to tackle underage vape sales and the illicit products that young people have access to, hold companies to account and enforce the rules. We are providing £3 million of new funding to trading standards, which will help to share knowledge and intelligence across the country; undertake test purchasing; disrupt illicit supply, including by organised crime gangs; remove illegal products from our shelves and at our borders; and undertake more testing to ensure compliance with our rules, bolstering the training capacity of trading standards. We have already made firms withdraw products where they do not comply with the rules. With the new squad, more companies that fail to comply with the law will be held accountable. I am pleased to announce that the National Trading Standards has begun its operation—that directly answers the question asked by the hon. Member for Denton and Reddish (Andrew Gwynne)—and is gathering intelligence, training staff and bolstering capacity to begin its fieldwork.
In April, I also launched a call for evidence on youth vaping, to identify opportunities to reduce the number of children accessing and using vape products, and to explore where Government can go further. Our call for evidence explored a range of issues about how we ensure regulatory compliance. It was partly about the appearance and characteristics of vapes, including colours and flavours, and partly about their marketing and promotion, particularly the role of social media. Our call for evidence closed on 6 June and the Government are urgently and carefully examining the response.
Stella Creasy (Walthamstow) (Lab/Co-op)
I know that the Minister is committed to closing that loophole that allows vaping companies to give children free samples, but, as we have all discussed, this is about the direct gateway effect between people vaping and then smoking. Parents in Walthamstow they are convinced that more children will end up smoking as a result of being able to access vaping in any form at all. So why are the Government consulting on limiting access to vaping for under-18s, rather than just stopping it altogether?
Neil O’Brien
We are trying to stop access to vapes for the under-18s—it is literally illegal. We are trying not only to enforce the law but to reduce demand, as we have been discussing in this debate. We are not in disagreement about what the objective is: we do not want any kids to smoke or to vape—it is as simple as that.
Daisy Cooper
The Minister said that this is “literally illegal”. According to the director general of the UK Vaping Industry Association, 40% to 50% of the disposable vapes market is made up of illicit products. So does the Minister agree that as well improving the regulation of vapes within the legal market that we have heard about so far, we must also see improvements to border security, to clamp down on illicit vape sales?
Neil O’Brien
I completely agree with the hon. Lady on that point; this is exactly what our enforcement squad is doing, and I completely agree about the importance of doing it.
On the call for evidence, we will be producing our response in early autumn, identifying and outlining areas where the Government will go further. The key point is that we need evidence to take effective action to stop children vaping. While that call for evidence has been running, we have already taken further steps. At the end of May, the Prime Minister announced several new measures to support our efforts to tackle youth and kids’ vaping. That included closing the loophole in our laws that has been allowing companies to give out free samples of vapes to under-18s, which ASH estimates could total as many as 20,000 a year. He also announced that we will overhaul the rules on selling nicotine-free vapes to under-18s and on issuing fines to shops selling vapes to the under-18s.
The Prime Minister also announced that we will update the school curriculum, to emphasise the health risks of vaping within relationships, sex and health education lessons, just as schools currently do for smoking and drinking, so that kids understand the risks of vaping. We will be writing to police forces to ensure dedicated school liaison officers across the country are using the new resources available to keep illegal vapes out of schools.
I want to use this opportunity to outline the work we are doing to successfully reduce smoking, not least because the Opposition Front-Bench spokesperson touched on it. In the 1970s, more than 40% of people smoked, and it was still 21% in 2010. Since then, we have taken a series of steps, including doubling excise duties and introducing a minimum excise tax on the cheapest cigarettes, that have helped to drive down smoking to a record low of just 13% in England.
We have gone from 21% to 13%, but of course we want to go further. In 2019, we announced our ambition for England to go smoke-free by 2030, which is considered to be 5% or less. Over the past decade, we have made significant progress towards making England smoke free. We have continued to invest in local stop-smoking services, to help smokers get the right support for them. We continue to work in support of the NHS. Last year alone, we provided £35 million to the NHS long-term plan commitments on smoking.
Youth smoking rates are now at their lowest rates on record. In 2021, just 3.3% of 15-year-olds were regular smokers, although of course we want to reduce that figure even further. Through the new measures I announced in April, the Government will be supporting many more smokers to quit through the tobacco reduction strategy. Some 1 million smokers will be encouraged to Swap to Stop, swapping cigarettes for vapes under a new national scheme that targets those who are most at risk and gives them free vapes. That is first scheme of its kind in the world. It is based on experience from the successful local pilots, and is an evidence-based initiative.
Likewise, we will offer innovative, but evidence-based, financial incentives for all women to stop smoking in pregnancy. Again, this is based on evidence that has been gathered during local pilot schemes and the strategy will be implemented at a national level. Shortly, we will launch a consultation on cigarette pack inserts to provide further information to support smokers to quit, which is something Canada has done successfully.
Further, those who supply tobacco for sale in the UK must be registered for tobacco track and trace, and obtain an economic operator ID. We brought in that scheme to tackle illegal tobacco, but we now want to use the existing system in a new way, to help strengthen enforcement and to target the illicit market. From now on, when people are found selling illicit tobacco, we will not just seize their products but remove their economic operator ID, so they will no longer be able to buy or sell tobacco. We are exploring how to share information with local partners about who is registered on the track and trace system, so that they know who is and who is not legally entitled to sell tobacco in their areas, helping to drive enforcement.
We are committed to doing all we can to prevent children from starting to vape and we are already taking robust action in a range of areas. We are actively working on ways that we can go further, but it is essential that those methods are evidence based and that we have measures that will be effective.
Barbara Keeley
The Minister will have heard the figures given earlier: my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) said that 30% of secondary school pupils in Yorkshire and Humberside have tried vaping and I said that the figure for the north-west was 29%. I quoted the Royal College of Paediatrics and Child Health saying that youth vaping is “fast becoming epidemic”. He is talking about an evidence-based plan, but what is the situation around evidence? My local area still has very high levels of smoking, but we are now seeing the same pattern tracking in vaping among young people as we did in smoking. Does he agree that there needs to be different and further action in those places where the figures are so bad?
Neil O’Brien
The theme of my speech is that we have already taken action and we will continue to take action, but that it has to be evidence based. A range of suggestions has been made during the debate, and I am sure there will be more, about different things to do with flavours, packaging, colours and marketing. There needs to be evidence and definition about those things. Some people will probably say that we should ban all flavours; some will say, “Let’s ban all coloured vapes”; some will say that we should have plain packaging or vapes should be hidden from view. We will need to take an evidence-based view on all those issues, rather than just assuming that one knows the answer immediately.
It is not totally obvious to me what the position is of the Opposition Front Bench team on any of those issues—whether they would ban all colours, ban all flavours, demand plain packaging, or want the same kind of restrictions as there are for cigarettes in terms of where they are placed in shops. I am happy to take an intervention if the shadow team have answers to those questions. Is it a yes or a no to those things?
Andrew Gwynne
What we are here to talk about today is advertising and packaging. I made it very clear in my contribution that the next Labour Government would act robustly on both those issues.
Neil O’Brien
Act robustly? I think we all want to act robustly. The shadow Minister said in his speech that he did not like banana-flavoured vapes, but would they be banned? I am happy to take an intervention if the shadow team have an answer. I do not think that we have an answer. That, ladies and gentlemen, is why we need to have evidence. We need to have an evidence-based approach, and we need to have not just the evidence about what drives these things, but clear definitions of these things on which we can actually take action. We have to be clear about what we are and are not doing within all these fields.
All I was trying to do is to demonstrate that, while we are committed to taking action—I feel very strongly about taking action on this—and while we have done a whole range of different things on this point, we need evidence to make good policy, which is why we are having a call for evidence.
Daisy Cooper
The Minister will know that the Government commissioned the Khan review, which reported on 9 June 2022—a year ago. The Khan review took the evidence. It had the consultation and it made very firm recommendations about certain things that the Government should do. Why are we here again? Why are we consulting? Why can the Government not just follow the recommendations in the Khan review?
Neil O’Brien
On driving up support for people to Swap to Stop, we are following the recommendations. On the things that we have been discussing in this debate, a whole set of other questions have been raised, on which our call for evidence explicitly invited evidence, because we want to have an evidence-based policy.
Rachael Maskell (York Central) (Lab/Co-op)
I am grateful to the Minister for giving way, because I want to turn to the evidence. We know that, when we had plain packaging and removed advertising around cigarette sales, we saw a significant decrease in the use of those products, particularly among young people. We also have other evidence: Israel introduced plain packaging in 2020 and Finland in 2022. There is plenty of evidence out there on the implications of plain packaging, so why will the Minister not use that evidence and implement things?
Neil O’Brien
We are garnering evidence on every different aspect of this policy question. In my remarks today, I have tried to illustrate some of the questions that we are thinking about at the moment, which I am sure we will hear more of during the debate. I was simply trying to make the point that we need definitions of things and we need evidence before we take action.
In conclusion, we are committed to doing all we can to stop children from vaping—that is a personal priority of mine. We are also committed to stopping youth smoking. In order to meet our smoke-free 2030 ambition, we are committed to doing all we can to stop people from starting to smoke in the first place, and to give people the support that they need to quit and save their lives.
The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)
I thank the many right hon. and hon. Members who have made a valuable contribution to this afternoon’s debate. I will respond to the issues they have raised throughout my remarks.
I will start, without dismissing many of the concerns we have heard, by reiterating the importance of vapes in helping smokers move to healthier alternatives than cigarettes. Vapes are helping us to reach our smokefree 2030 target. There are currently about 3.5 million vapers in England, 47% of whom are ex-smokers and 39% of whom are dual users. The best thing, obviously, is for a smoker to stop smoking completely, but as shown in the recently published “Nicotine Vaping in England” report, there is clear evidence that vapes are substantially less harmful to health than smoking. With around 3 million users, vapes have become the most popular quitting aid in England and evidence indicates that they can help smokers to quit, particularly when combined with additional support from local stop smoking services.
That is why, in April this year, the Government announced a range of new measures to meet our smokefree 2030 ambition and reduce youth vaping. We have 1 million smokers who will be encouraged to swap their cigarettes for vapes through a new national “swap to stop” scheme, the first of its kind in the world. Pregnant women will be offered financial incentives, in the form of vouchers, to help them to stop smoking, alongside behavioural support. We will also consult on introducing mandatory cigarette pack inserts with positive messages and information to help people quit smoking. It is important to point those out, as the hon. Members for North Tyneside (Mary Glindon) and for Ealing, Southall (Mr Sharma) did.
Mary Glindon
Will the Minister confirm that the statement made in the 2015 evidence update by Public Health England, that vaping is 95% safer than smoking, remains valid today?
Maria Caulfield
I thank the hon. Lady for that point, which my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) also raised. The 2015 evidence study was indeed conducted by Public Health England. The most recent evidence we have, from 2022, does not give that precise figure; it does emphasise that vaping is safer than smoking, but does not indicate by how much.
As the debate has made clear, despite vaping’s effectiveness as a tool to quit smoking, illegal under-age vape sales are a growing concern for many parents and teachers across the country, and vaping has increased rapidly among under-18s in the past 18 months. The recent rise in teenage users shows that vapes are being used beyond their intended audience. As my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) highlighted, there are multiple reasons for that, but whether it is packaging, naming or flavouring, the unintended consequences are clear. As my hon. Friend the Member for Broadland (Jerome Mayhew) pointed out, these consequences are not necessarily easy to deal with, as there may be unintended consequences of doing so—for example, tax increases on vapes might prevent people who want to give up smoking from doing so. There are no easy solutions, so we need to take our time before making further decisions. That is why in April we launched a call for evidence on youth vaping. It closed last month, and officials at the Department have begun to examine the responses. We will set out our response in the autumn.
Other speakers, such as my hon. Friend the Member for Erewash (Maggie Throup) spoke about why it is so important that we consider going further. My hon. Friend the Member for Sleaford and North Hykeham, who speaks with considerable experience, pointed out that this not a party political issue, but a cross-Government matter, with the Department of Health and Social Care dealing with safety, the Department for Education providing advice to children, the Department for Culture, Media and Sport dealing with the role of advertising, and the Department for Environment, Food and Rural Affairs dealing with the disposable products element. To stop children buying vapes, we also need businesses to comply with existing regulations and to abide by the standards we have set. To help enforcement of the regulations, we have teamed up with enforcement agencies to fund a new illicit vaping unit, which will remove products from shelves and at our borders, and stop the sale of vapes to children.
In May, the Prime Minister announced further measures, including closing a loophole that allows industry to give out free samples; increasing education and supporting designated school police liaison officers’ work to keep illegal vapes out of schools; and reviewing the rules on issuing on-the-spot fines to shops selling vapes to under-18s, as well as the rules on selling nicotine-free vapes to under-18s, to ensure that the rules keep pace with how vapes are being used. To respond to a point made by my hon. Friend the Member for Eastbourne (Caroline Ansell), we are also looking at adding lessons on the health risks of vaping as part of the current RSE curriculum review. Those measures will help headteachers and other school leaders to manage vaping on school premises and inform young people about the risks of vaping, with a view to reducing the number of young people who are currently vaping or might be tempted to try it in the future.
As a number of speakers pointed out, we must of course be wary of the environmental impacts, in particular of single-use disposable vapes. Increasing use of these products is leading to their improper disposal. That is why DEFRA is soon to consult on reforming the Waste Electrical and Electronic Equipment Regulations 2013 to ensure that more of this material is properly recycled. We shall continue to work with the sector and industry to help businesses to understand their responsibilities, both to ensure that their environmental obligations are met, and to ensure that products are not marketed to children, are produced to the highest UK standards, and are compliant with our regulations.
I emphasise that until recently our vaping regulations have been effective in keeping rates of vaping among under-18s low, but of course we acknowledge that there are problems and that we have seen an increase in usage, which is why the consultation is about looking into what more we can do.
Mark Eastwood (Dewsbury) (Con)
I welcome the consultation to tackle this problem, but will the Minister confirm that any appropriate measures that the Government take to reduce youth access to vapes will not harm our pragmatic science-led approach to ensuring that adults have access to the full range of alternatives to help them to quit cigarettes for good?
Maria Caulfield
That is the balance we have to create. We do not want unintended consequences whereby we reduce the use of vapes in under-18s but also stop their use among those who are quitting smoking. We know from our evidence that vaping is much safer than smoking. For those communities, very often in deprived areas, where there are higher rates of smoking, we do not want the cost of vapes to be prohibitive and for people not to switch to them instead of smoking.
Our current laws protect children by restricting the sale of vapes to over-18s and limiting nicotine content, and there are regulations on refill bottles, tank sizes, labelling requirements and advertising restrictions. It is important that we remember that regulations are in place, and it is important that they are enforced.
Dr Caroline Johnson
The Minister is talking about evidence that vapes are much safer, but I notice that she has not used the 95% figure that is used by the industry. Clearly, the absence of evidence of harm and evidence of the absence of harm are different things, so will the Minister clarify whether she has evidence that vaping devices are much safer? Or does she just not have evidence yet, because they are so new, that they are not dangerous?
Maria Caulfield
The evidence is there that vapes are considerably safer than smoking, and that was borne out in the 2022 report. The 95% figure was not used then, but I think there is a general consensus that, as the chief medical officer has said, vaping is a much safer alternative to smoking cigarettes.
It is important to remember that regulations are currently in place; it is about enforcing them, which is why the Government have introduced the illicit vape enforcement squad to tackle under-age vape sales, as well as the illicit products that young people can access. We are funding that with £3 million of Government funding.
Alex Cunningham
Will the Minister give a timescale for when the Government will introduce plain packaging for vaping products?
Maria Caulfield
As I just said and as the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Harborough (Neil O’Brien) said earlier in the debate, the consultation closed only recently. Officials are going through the evidence and will come forward with the results in the autumn and take them forward.
Rachael Maskell
I raised the issue of addiction; although the Minister has said that vaping products are safer, does she agree that if they are drawing more children into addiction, they are clearly not safe in that field?
Maria Caulfield
We have to consider the evidence and that is not necessarily what the evidence says. NHS England is reviewing the number of admissions and incidents that it feels are caused by vaping, so we are gathering the evidence on that. We need to take an evidence-based approach and currently there is not the evidence that there is necessarily an addiction problem. But we do need to keep building the evidence base.
As we have set out today, we are committed to taking strong and assertive action to tackle youth vaping, and we are willing to go further as part of our evidence-based approach. We have to work with all parties and across Government. This is not just a health issue: it is an issue for the Department for Education, for the Department for Culture, Media and Sport in terms of advertising, and for DEFRA in respect of how single-use vapes are disposed of.
We are committed to effectively tackling the issue and driving down youth vaping rates, while making sure that vapes are available to smokers as an effective aid to quitting smoking. We are committed to doing all we can to prevent children from starting vaping and we are actively working on ways that we can go further. We will go further in not only protecting children but driving down smoking rates, so that we make a future where people are not damaged by smoking. To meet our smokefree 2030 ambition, we will do all we can to prevent people from starting smoking in the first place and to give people the support that they need to quit.
Question put and agreed to.
Resolved,
That this House is concerned that children are being inappropriately exposed to e-cigarette promotions and that under-age vaping has increased by 50% in just the last three years; condemns the Government for its failure to act to protect children by voting against the addition of measures to prohibit branding which is appealing to children on e-cigarette packaging during the passage of the Health and Care Act 2022 and for failing to bring forward the tobacco control plan that it promised by the end of 2021; and therefore calls on the Government to ban vapes from being branded and advertised to appeal to children and to work with local councils and the NHS to help ensure that e-cigarettes are being used as an aid to stop smoking, rather than as a new form of smoking.