2nd reading
Tuesday 16th April 2024

(2 weeks ago)

Commons Chamber
Tobacco and Vapes Bill 2023-24 View all Tobacco and Vapes Bill 2023-24 Debates Read Hansard Text Watch Debate
Victoria Atkins Portrait The Secretary of State for Health and Social Care (Victoria Atkins)
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I beg to move, That the Bill be now read a Second time.

Before I start, I should declare an interest: before I was elected to Parliament, I used to prosecute serious and organised crime, including organised crime gangs who attempted to import illicit cigarettes.

For a moment, I would like us to imagine that we are not in this historic and magnificent Chamber but instead standing at the entrance of a local hospital. A patient comes through the doors, struggling to breathe; smoking sent their asthma spiralling out of control. A minute later, another patient passes by; smoking caused the heart disease that they are battling. A minute later, another person comes in, and then another. That vicious cycle repeats itself nearly every minute of every day in our national health system, because here in the United Kingdom almost one hospital admission a minute is the human cost of smoking.

Smoking leaves people with premature dementia. It puts them in care, attached to oxygen, for the rest of their life. It increases the risk of stillbirth by almost 50%. It is responsible for 75,000 GP appointments every month, and it takes about 80,000 lives every year.

Luke Evans Portrait Dr Luke Evans (Bosworth) (Con)
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I urge everyone who has come to the debate to go to a respiratory ward—I served on one for a year in my first junior doctor role—to watch people gasp for breath, struggle and fight, with their relatives asking you as a doctor to do something and you simply cannot. If the Bill is a step forward in stopping that situation, I am very much in favour of the Secretary of State taking it forward.

Victoria Atkins Portrait Victoria Atkins
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I thank my hon. Friend for bringing to the Chamber his professional experience and the real-life consequences for his patients. If I may, I will unpack some of the details behind that invaluable intervention. The premise behind the Bill is exactly as he says—to stop the start—because there is no safe level of smoking and no safe tobacco product. In fact, it is the only product that, if consumed as the manufacturer intends, will kill two thirds of its long-term users.

The Bill is not about demonising people who smoke or stopping them from buying tobacco if they can do so today. It will not affect current smokers’ rights or entitlements in any way. Indeed, we want to help them to quit. We are supporting them by almost doubling funding for local stop-smoking services. Instead, the Bill is looking to the future, to give the next generation the freedom to live longer, healthier and more productive lives.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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How does the Secretary of State counter the Conservative argument that if we ban something, we massively increase criminality?

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Victoria Atkins Portrait Victoria Atkins
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I am extremely grateful to my right hon. Friend. I will genuinely come to that, because I know that that is a concern that colleagues have. I will develop my arguments, if I may, but I also remind him of my declaration of interest and, believe you me, I have no interest whatsoever in making life easier for smoking gangs. That is why as part of the package I will announce further funding and investment for law enforcement agencies both at the border and at local level.

Some have said that it is concerning that we are banning things. I totally understand the concerns of fellow Conservatives. We are not in the habit of banning things—we do not like that. We will bring these powers in only when we are convinced—following a no doubt robust debate, with the intellectual self-confidence that we have on the Government Benches—that there is no liberty in addiction. Nicotine robs people of their freedom to choose. The vast majority of smokers start when they are young. Three quarters say that if they could turn back the clock, they would not have started. That is why, through the Bill, we are creating a smoke-free generation that will guarantee that no one who is turning 15 or younger this year will ever be legally sold tobacco, saving them from the misery of repeated attempts to give up, making our economy more productive and building an NHS that delivers faster, simpler and fairer care. It is our responsibility—indeed, our duty—to protect the next generation. That is what the Bill will do.

Lilian Greenwood Portrait Lilian Greenwood (Nottingham South) (Lab)
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The Secretary of State is right that we should protect the next generation. Labour proposed the smoke-free generation legislation in January 2023. We voted to crack down on marketing vapes to children in 2021, but the Tories blocked it. I welcome this Bill, but does it not show that where Labour leads, some Conservatives follow? Is she not concerned about the number of her colleagues, who we see lined up in the Chamber, who will vote against this legislation today?

Victoria Atkins Portrait Victoria Atkins
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That is a brave submission from the hon. Lady, given the debate in the Chamber yesterday. I certainly will not take lectures from Labour on this legislation. We are bringing it forward because we have looked carefully at the evidence. What is more, we have tempered it so that existing adult smokers will not be affected. If the message from the Labour party is that it wants to ban smoking for adults completely, it should make that argument. We have tempered this carefully to ensure that it only deals with future generations.

John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
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I commend my right hon. Friend for her approach to young people smoking, her determination to deal with illegal tobacco and her crackdown on vaping, which is a menace to young people as these things are sold like an item of confectionery. Will she accept that in doing all those things, she needs to be open minded about how the Bill can be improved? The idea of a rolling age of consent, with the consequence that someone of 35 will be able to buy tobacco but someone of 34 will not and so on, is at best a curiosity and at worst an absurdity.

Victoria Atkins Portrait Victoria Atkins
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I am extremely grateful to my right hon. Friend and close Lincolnshire neighbour. He knows that on any piece of legislation I will always want to listen to and do business with colleagues. The principle behind this legislation is that these emerging generations will never take up smoking. That is the point.

Victoria Atkins Portrait Victoria Atkins
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I will just finish this point. We are bringing forward this legislation so that we stop the start from 2027. Future generations will not have that addiction to nicotine.

Lyn Brown Portrait Ms Brown
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Let me say from the outset that I completely support this Bill. In Newham, 22% of sales last year were to under-age children—higher than alcohol, knives, fireworks and so on—and a total of £135,000-worth of illicit tobacco products were seized in just six months. Will the Secretary of State ensure that councils get the resources they need to continue the vital work of keeping these products out of the hands of the young?

Victoria Atkins Portrait Victoria Atkins
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Yes, I can assure the hon. Lady, because the illicit trade is often the greatest in the most deprived areas of the country, and I am about to develop exactly how we will help law enforcement. I very much understand the concerns across the House about ensuring that the illicit trade does not flourish.

Jake Berry Portrait Sir Jake Berry
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Has my right hon. Friend seen the latest statistics that say twice as many schoolchildren smoke cannabis as smoke tobacco? It is already illegal—for all of us, not just children—to smoke cannabis. If a ban really worked, how can she explain those statistics? How can she show that this ban to stop people who are currently 15 will be different from the anti-drugs legislation that we already have?

Victoria Atkins Portrait Victoria Atkins
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To be clear, is my right hon. Friend suggesting that we repeal the Misuse of Drugs Act 1971, under which cannabis is prohibited? Although I have no experience of it, I understand that the consumption of marijuana also involves the consumption of tobacco and cigarette papers. The point is that we are trying to move away from the idea that current youngsters will be able to buy their cigarettes legally in shops from the age of 18 in 2027, precisely because we want to ensure that they can lead longer, healthier lives. In a moment I will come to some of the myths that the tobacco industry has put around about the impact of introducing age restrictions on cigarettes, which will be interesting evidence for those who are concerned about that.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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First of all, I commend the Secretary of State and the Government for bringing forward this legislation. I support it because I believe it is right, but I have been contacted by vaping groups. My right hon. Friend the Member for Belfast East (Gavin Robinson) and I met some last week. They sent me a small comment, and I want to ask the Secretary of State a quick question about it, so that we move forward with consistency to try to achieve something.

Those groups referred to the impact assessment report by the Department of Health and Social Care, and said that it fails to consider potentially detrimental effects of restricting vape users and smokers looking to switch. I think we all try to be helpful and constructive in our comments in this Chamber, so being constructive, they requested a vape retailer and distributor licensing scheme in the Bill. The industry has developed a comprehensive framework for such a scheme, which is designed to deal effectively once and for all with underage and illicit vape sales—a situation that could get worse. Does the Secretary of State intend to develop a vape retailer and distributor licensing scheme?

Victoria Atkins Portrait Victoria Atkins
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I am extremely grateful for the hon. Gentleman’s support. We understand the level of lobbying that has been undertaken by both the vaping industry and the tobacco industry. We know that the vaping industry has pushed that as one of its lines. In the current vapes market, when walking into a local shop or a newsagent the vape products can be seen on sale next to the till, often next to the sweets—the part of the shop that children will be very attracted to, if my experiences are anything to go by. The industry markets them in very cynical ways. We are saying that it is already unlawful to sell vapes to under-18s, but we want to take the powers in this legislation to consult on flavours, design and so on, to ensure that vapes are sold as they are intended—to help adult smokers to quit, because no child should ever vape.

Victoria Atkins Portrait Victoria Atkins
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I am going to make a little progress, if I may, because I want to come to the age of sale.

On the point raised by my right hon. Friend the Member for Rossendale and Darwen (Sir Jake Berry) about the age of sale and the black market, tobacco industry representatives claim that there will be unintended consequences from raising the age of sale. They assert that the black market will boom. Before the smoking age was increased from 16 to 18, they sang from the same hymn sheet, but the facts showed otherwise. The number of illicit cigarettes consumed fell by 25%, and smoking rates for 16 and 17-year-olds dropped by almost a third. Consumption of illegal tobacco plummeted from 17 billion cigarettes in 2000-01 to 3 billion cigarettes in 2022-23. That is despite the further controls that this House has put in place in the meantime. Our modelling suggests that the measures in this Bill will reduce smoking rates among 14 to 30-year-olds in England to close to zero as soon as 2040. I hope that many of us in the Chamber today will still be here in 2040. This is our opportunity to play that part in history.

Thanks to constructive engagement with colleagues across the devolved Administrations, the measures will apply not just in England but across our entire United Kingdom, saving lives and building a brighter future. Having listened carefully to colleagues’ concerns about enforcement, we are making sure that local authorities will be able to keep every penny of the fixed penalties they bring in to reinvest in rigorous enforcement. In other words, we are looking not just at national enforcement, but at helping our very important and valuable local trading enforcement officers to keep the proceeds from the fixed penalties they hand out.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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Does my right hon. Friend agree that, largely, the Bill will not affect people in this House but younger people, and that it is therefore incredibly important to listen to their voices on this issue? With that in mind, I wrote to every secondary school in my constituency to ask young people their views. The majority of young people in Chelmsford, when asked for their views, said they would support the measures in the Bill. It was not unanimous, but we work by majority. Given that it affects them and not me, I will be respecting their views when I vote today.

Victoria Atkins Portrait Victoria Atkins
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I thank my right hon. Friend. Yet again, she reminds us what a brilliant local constituency MP she is. She has drawn out the voice of young people. When I pose questions about our NHS and the future I want to build for it—reforming it to make it faster, simpler and fairer—one thing I think about is the voice of younger people. If they are in work paying their taxes, they are paying for our NHS at this moment and they will be the users of it in the future. Part of my role as Health Secretary is to ensure that it has a sustainable funding model, that we are doing everything we can to increase productivity, and that we move the demand curve so that it celebrates its next 75 years.

Ian Paisley Portrait Ian Paisley (North Antrim) (DUP)
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I thank the Secretary of State for giving way. She knows that I take a particular interest in the impact of retail crime. The British Retail Consortium indicates that there are about 1,300 acts of violence against shopkeepers across the UK daily. It has been suggested that one of the biggest triggers of attacks on shopkeepers is asking for proof of age. What additional resources can be put in to assist retailers and ensure they are protected from attacks?

Victoria Atkins Portrait Victoria Atkins
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The hon. Gentleman raises a very fair point. Interestingly, the latest survey of retailers shows—I think I am right in saying it—that the majority of retailers support this policy, but he knows just how carefully the Government have listened to the concerns of retailers. My hon. Friend the Member for Stockton South (Matt Vickers) has led a relentless campaign on this issue, and I was really pleased that the Home Secretary was able to announce in recent weeks a specific crime relating to violence against retail workers.

Giles Watling Portrait Giles Watling (Clacton) (Con)
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I smoked until 30usb years ago and it was a very hard business to stop the evil weed. I come from a completely different era and I am considered something of a dinosaur. [Hon. Members: “Never!”] But I do still hope to be here in 2040. I wish to God that vapes had been around when I was going through the process of stopping smoking. Do we not need to be very careful that the Bill does not throw the baby out with the bathwater and stop helping people come off the evil weed?

Victoria Atkins Portrait Victoria Atkins
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First of all, I completely reject my hon. Friend’s suggestion that he is a dinosaur. He brings a great energy and effervescence into the Chamber—or indeed any social situation. He articulates really well the struggle of addiction to nicotine and how tough it can be to give up. That is not a judgment on anyone; the substance is designed to addict. That is how the sales pitch is made. What we are trying to do is stop children being ensnared in that way. He is also right that at the moment the evidence suggests that vaping is a good way to help existing smokers to quit. If you do not smoke, please do not vape. Certainly, children should never vape. What we have tried to do with the Bill is build a balance in, so we are taking powers to look at packaging, flavours and so on. There will be a thorough consultation before any regulations are set, because we want to ensure that we are helping adults to quit, but in a way that is considered and well designed. I am extremely grateful to him for raising that point.

Alexander Stafford Portrait Alexander Stafford
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I am listening very carefully to what my right hon. Friend is saying. She outlined how the consumption of cigarettes has collapsed over the last couple of decades, and my right hon. Friend the Member for Chelmsford (Vicky Ford) talked about how the young people she reached out to do not want to smoke any more. Is that not the heart of the matter? That is why I think the Bill is fundamentally wrong and misguided. Young people are not smoking. It is not cool to smoke. The Bill should be focused more on the vape side of things: illegal vapes, supercharged vapes, the colour and flavour of vapes. We are debating cigarettes, which are naturally going out of existence anyway, rather than focusing on the dangerous vapes that are addictive for young children. That is where the Government should put their focus, rather than wasting time talking about something that is dying out anyway.

Victoria Atkins Portrait Victoria Atkins
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Sadly—I say this genuinely—there is nothing inevitable about a decrease in smoking rates. Indeed, in 2020 the United States saw the first increase in tobacco sales in 20 years, and in Australia in 2022 the proportion of teenagers smoking increased for the first time in 25 years. I am reminded by a Minister that here in the United Kingdom 100,000 children and young people take up smoking every year. We must not be lulled into a sense of inevitability and security, mindful as I am of how very clever the tobacco industry is at lobbying its messages because we are threatening its business model. As Conservatives, we must take into account that this is happening today, so we must ensure we tackle it head on.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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I thank my right hon. Friend for giving way. She is making a very important point about young people and children smoking today. It is not just about cigarettes. Shisha smoking, in particular in Westminster, Marylebone and Edgware Road in my constituency, has become very fashionable for young people. An hour of smoking shisha equates to 100 to 200 cigarettes within an hour. Will she confirm that shisha tobacco will be included in the Bill?

Victoria Atkins Portrait Victoria Atkins
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I thank my hon. Friend for bringing the City of Westminster right into the Chamber. There are, in fact, five times more people in England today smoking non-cigarette tobacco, which includes cigars and shisha, than there were a decade ago. Worryingly, the greatest increase is in young adults. That is why we have said that tobacco in all its forms is a harmful product, and that we therefore wish to ensure we are consistent in the policy and the messaging that this is about helping young people to stop the start.

Victoria Atkins Portrait Victoria Atkins
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I am going to make some progress and then I will give way.

As I have said, the tobacco industry questions the necessity of the Bill on the grounds that smoking rates are already falling. It is absolutely correct that smoking rates are down, but as I said, there is nothing inevitable about that. Smoking remains the largest preventable cause of death, disability and ill health. In England alone, creating a smoke-free generation could prevent almost half a million cases of heart disease, stroke, lung cancer and other deadly diseases by the turn of the century, increasing thousands of people’s quality of life and reducing pressure on our NHS. An independent review has found that if we stand by and do nothing, nearly half a million more people will die from smoking by the end of this decade. We must therefore ask what place this addiction has in our society, and we are not the only ones to ask that question of ourselves. We know that our policy of creating a smoke-free generation is supported by the majority of retailers, and by about 70% of the public.

The economic case for creating a smoke-free generation is also profound. Each year smoking costs our economy a minimum of £17 billion, which is far more than the £10 billion of tax revenue that it attracts. It costs the average smoker £2,500 a year—money that those people could spend on other goods and services or put towards buying a new car or home. It costs our entire economy by stalling productivity and driving economic inactivity, to the extent that the damage caused by smoking accounts for almost 7p in every £1 of income tax we pay. As Conservatives we are committed to reducing the tax burden on hard-working people and improving the productivity of the state, which is why this Government have cut the double taxation on work not once but twice, giving our hard-working constituents a £900 average tax cut. That is a moral and principled approach.

Having celebrated the first 75 years of the NHS last year, I am determined to reform it to make it faster, simpler and fairer for the next 75 years, and part of that productivity work involves recognising that we must reduce the single most preventable cause of ill health, disability and death in the UK. This reform will benefit not just our children but anyone who may be affected by passive smoking, and, indeed, future taxpayers whose hard-earned income helps to fund our health service. Today we are taking a historic step in that direction. Creating a smoke-free generation could deliver productivity gains of £16 billion by 2056. It will prevent illness and promote good health, help people to get into work and drive economic growth, all the while reducing pressure on the NHS.

Alex Cunningham Portrait Alex Cunningham
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Of course, the tax burden is the highest it has been for some considerable time. I welcome the Bill, but the Khan review estimated that the Government’s smoke-free ambition would not be fulfilled in poorer communities until 2044, and there are many such communities in my constituency, so how will the Bill tackle that issue? Will it really be another 20 years before we see a result in poorer communities?

Victoria Atkins Portrait Victoria Atkins
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No, because, as I have said, the modelling suggests that among the younger generation smoking levels will be close to zero by 2040. As for the hon. Gentleman’s point about tax, I do not remember him voting against the Government’s furlough scheme and other support during covid; nor do I remember him complaining that we were trying to help people with the cost of living. We as Conservatives understand that this is sound money, rather than the magic money tree that will somehow fund Labour’s £28 billion black hole.

Anthony Mangnall Portrait Anthony Mangnall (Totnes) (Con)
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I am somewhat perplexed by this debate, and indeed by the Bill. I do not consider it to be enforceable, and I also think it fails to take into account the effective tax measures and health campaigns that have been run by successive Governments to reduce the number of smokers. Nor does it respond to the fact that, in the long run, bad and poor diets are likely to kill more people than smoking. According to a recent study conducted by the Institute for Health Metrics and Evaluation in Seattle, more people are dying from malnutrition than from smoking. There is a principle at stake here: should the Government step in and deal with people who are eating unhealthy food?

Victoria Atkins Portrait Victoria Atkins
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I am, of course, responsible for healthcare in England, so I will not trespass on the health needs of people in—as I think my hon. Friend said—Montreal. As for the Bill, it is intended to help children and young people to end their addiction to nicotine, which we know is one of the most addictive substances. As I said earlier, we should not assume that decreases in smoking rates such as those we have seen are inevitable; indeed, I have cited countries in which we have seen an increase. We also know that tobacco is being consumed in ways that are different from the ways in which it was consumed, say, 20 years ago. My hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), for instance, mentioned the rise of non-cigarette tobacco smoking. We are trying to address that, for the health of the individual as well as the wider health of society.

None Portrait Several hon. Members rose—
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Victoria Atkins Portrait Victoria Atkins
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I have already taken an intervention from the hon. Member for North Antrim (Ian Paisley). I will take one more, from the hon. Member for York Central (Rachael Maskell), and then I will make some progress—although I will give way to my hon. Friend the Member for Dartford (Gareth Johnson) in a moment.

Rachael Maskell Portrait Rachael Maskell
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The Secretary of State has talked about addiction to nicotine. If, as she has suggested, vaping is a pathway to stopping smoking, why does she not envisage a vape-free generation arriving in parallel with a smoke-free generation, so that we can have a nicotine-free generation across the board? Why does she not expand her legislation to ensure that young people take up neither smoking nor vaping?

Victoria Atkins Portrait Victoria Atkins
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The House has already legislated to ensure that vapes cannot be sold to people under 18. However, as we are seeing in our local shops, the vaping industry is finding ways of marketing its products that seem designed for younger minds and younger preferences. Once the Bill has been passed, that age limit will be maintained for vaping but, importantly, from January 2027 onwards we will not see the sale of legal cigarettes or tobacco to those aged 18 or less.

Vicky Foxcroft Portrait Vicky Foxcroft (Lewisham, Deptford) (Lab)
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Will the Secretary of State give way?

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Victoria Atkins Portrait Victoria Atkins
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No; I want to make some progress. I want to say something about the measures on vaping because, as Members have already demonstrated today, there is a great deal of interest in the subject.

As any parent or teacher will know, there has been a dramatic and dangerous increase in youth vaping. At least one in five children have tried it. Many will say that the solution is simply to enforce the law, and of course that is a vital component, which is why we are investing £30 million in our enforcement agencies and hitting cynical businesses that sell vapes to children with on-the-spot fines. However, we must and will go further, because vaping damages our children’s future. It could damage their lungs while they are still developing, intensify the long-term pressure on the NHS, and damage their concentration at school—a point that many teachers have made.

We cannot replace one generation addicted to nicotine with another, and vapes are cynically marketed towards our children. They are sold at pocket-money prices, they share shelf space with sweets, they are branded with cartoon characters, and they are given flavours such as cotton candy and watermelon ice. Our children are being exploited, and we cannot and will not let that continue. The Bill will give us powers to crack down on child-friendly flavours and packaging and to change the way in which vapes are displayed in shops—measures on which we will consult.

Through separate environmental legislation we are banning the disposable vapes that young people favour and that do so much harm to our planet. Some 5 million are thrown away, either in bins or on our streets, every single week. That is equivalent to some 5,000 lithium car batteries from electric vehicles being thrown away every year. We have a responsibility to tackle the harm to our planet that is perpetrated by the vaping industry. While vapes can be helpful in assisting adult smokers to quit, our message remains clear: if you do not smoke, do not vape, and children should never vape.

Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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I thank the Secretary of State for giving way; she is being very generous. The Bill gives her wide-ranging powers in relation to the flavours of vape liquid, packaging and so on, but does not oblige her to consult widely or look at impact statements. In fact, the word “consultation” does not appear anywhere in the Bill. Will she give the House a commitment that she will consult fully before exercising any powers given to her by the Bill?

Victoria Atkins Portrait Victoria Atkins
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I thank my hon. Friend for highlighting that. I give a commitment here at the Dispatch Box that we will consult. We are very conscious of the complexities of this issue. We want to get it right, and my hon. Friend has my absolute undertaking that we will consult before regulations are brought before the House.

Ian Paisley Portrait Ian Paisley
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Will the Secretary of State give way?

Victoria Atkins Portrait Victoria Atkins
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If the hon. Gentleman wants to dive in before I conclude, I will let him do so.

Ian Paisley Portrait Ian Paisley
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That is kind of the Secretary of State. I appreciate her taking these interventions.

Given that this a flagship policy for the Government, will the Secretary of State give me a guarantee from the Dispatch Box that the Bill will apply equally to all parts of the United Kingdom? I have raised a number of concerns about the fact that because we have a land border with the European Union, the EU will insist, under the Windsor framework, that it can block the implementation of the Bill in Northern Ireland, as it did with the Danish Government when they tried to introduce a similar measure. Can I have a guarantee that if the Bill will apply from 2027 in the United Kingdom, it will apply in the United Kingdom of Great Britain and Northern Ireland?

Victoria Atkins Portrait Victoria Atkins
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I thank the hon. Gentleman for raising a really important point. May I, through him, thank the new Northern Irish Health Minister, who has been very collaborative in bringing forward what needs to be brought forward as quickly as possible, given the historical context, so that we can have the Bill aligned across the United Kingdom? Our intention is absolutely as the hon. Gentleman describes: it applies throughout the United Kingdom. Of course, if he or his colleague in Belfast have concerns that there may be ways in which it could somehow be circumnavigated, we will listen carefully, but I should be clear that our intention is that the Bill applies to all children and young people across the United Kingdom, because we want to protect children living in Northern Ireland just as much as those in England, Wales and Scotland.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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On the Secretary of State’s point about tackling illicit tobacco, I raised that question with the then Prime Minister in 2016, because in Medway we had one of the highest rates of illicit tobacco sales. The maximum sentence that can be given for the supply and sale of illicit tobacco is seven years. As part of the strategy to deal with illicit tobacco, will the Government look to increase sentences for its sale and supply? The Secretary of State is right to say that the Conservative party is committed to lower taxation, but tax avoidance and evasion costs this country £2 billion. If we do not get things right with regard to the banning of cigarettes, which I do not agree with—I think we should do it through education and awareness—we will get more people buying illicit tobacco. That cannot be right.

Victoria Atkins Portrait Victoria Atkins
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My hon. Friend gives me the ideal opportunity to talk about my favourite criminal offence: cheating the public revenue, which is a criminal offence with very settled law. It has a maximum sentence of life imprisonment, and I have deployed it myself against the organised crime gangs to which I referred at the beginning of my speech. A sensible prosecutor will always look at that criminal offence, because it is settled law and good law, and it has a maximum sentence of life imprisonment for those who indulge in it.

Vicky Foxcroft Portrait Vicky Foxcroft
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Will the Secretary of State give way?

Victoria Atkins Portrait Victoria Atkins
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I am going to conclude. In fairness, I have been generous with my time.

We want to build a brighter future for our children and grandchildren, which means moving from the tossing sea of cause and theory to the firm ground of result and fact. The result of this legislation will be to free future generations from the tyranny of addiction and ill health. The facts include that parents worry about youth vaping and want us to take on the tobacco and vaping industries. The result and facts of this change will save hundreds of thousands of lives, reduce pressure on our NHS and increase millions of young people’s chances in life. The decisions we make today will stand the test of time. For those many reasons, I commend the Bill to the House.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I will try not to impose a strict time limit. If I were wishing to speak, I would start to think about taking seven minutes for my contribution. That does not apply to the shadow Secretary of State.

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Wes Streeting Portrait Wes Streeting
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I do not know whether there is a problem with the speaker system in here, because this is the second time I have had an intervention after answering the question. I have already said that the Government have consulted on measures to clamp down, and I am absolutely not against the Government talking to people who, like the hon. Lady, have used vaping as a smoking cessation tool. In fact, I fully support the point she is making, which is that vaping can be a really effective tool to help smokers to quit smoking. I am in favour of that; that is good for health. If the Government want to talk to and engage with people who vape as part of the passage of this Bill, that is absolutely fine. What I am not in favour of is tying the Secretary of State’s hands when she wants to do more, and more quickly, to prevent children becoming addicted to nicotine.

Victoria Atkins Portrait Victoria Atkins
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Just to be clear, we will consult on this. It is a simple question that requires a simple answer: will Labour consult further?

Wes Streeting Portrait Wes Streeting
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Mr Deputy Speaker, we are now in this parallel universe where the Secretary of State is asking me, the shadow Secretary of State, whether I am going to consult on her Bill. Now, I am willing to help her out, but if she wants me to sit on that side of the Chamber and run the Department of Health and Social Care, I am ready and willing, but we need a general election to do that. I do not understand—this is just extraordinary. I feel like I am living in a parallel universe this afternoon. It was bad enough when the former Prime Minister, the right hon. Member for South West Norfolk, walked in with her book and her fan club, and now we have the absurd spectacle of the Secretary of State asking me whether I will run the consultation on her Bill. This is extraordinary. I will allow her to correct the record and save her blushes.

Victoria Atkins Portrait Victoria Atkins
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The hon. Gentleman is not listening. He has been asked repeatedly whether he supports the concept of a consultation on vaping in order to ensure that these regulations are drawn up properly. He is not listening. He refuses to answer the question. We on this side of the House are clear: we want to get this right and we will consult. I am simply asking whether he will answer the questions that he has been asked.

Wes Streeting Portrait Wes Streeting
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Honestly, Mr Deputy Speaker, you just can’t help some people. I am trying to help the Secretary of State out and defend her against her own side, and now, to curry favour with them, she has turned on me. Now I know what it is like being in the Conservative party. This is like a 1922 committee meeting—absolutely absurd.

For the final time, let me just explain the situation we find ourselves in today. The Secretary of State is currently in government. This is her Bill. She is taking it through Parliament. She is perfectly able to run a consultation. I will support her in running a consultation, if that is the support she needs. [Interruption.] I am so pleased. If only I had known it was that easy. If all she needed was a bit of moral support from me to run the consultation, then you go, comrade—don’t you worry; I have got your back, and it is absolutely fine.

I am trying to be helpful to the Secretary of State this afternoon, but I just have to say to her that I am not sure that the best way to persuade her colleagues was to invoke the great cigar chomper, Winston Churchill. Some have estimated that Churchill went through 160,000 cigars in his time. Indeed, on one occasion, at a lunch with the then King of Saudi Arabia, Churchill was told that no smoking or drinking would be permitted in the royal presence. He responded:

“If it was the religion of His Majesty to deprive himself of smoking and alcohol, I must point out that my rule of life prescribed as an absolutely sacred rite smoking cigars and also the drinking of alcohol before, after and, if need be, during all meals and in the intervals between them.”

I appreciate the Health Secretary’s efforts, but I fear that Lord Soames was probably on to something when he said that his grandfather certainly would not have approved of this Bill.

Just before any Conservative Members decide to wage yet another culture war and accuse me of talking down one of Britain’s greatest Prime Ministers, I would just add to the historical record that it was thanks to the Labour party that it was Winston Churchill, not Lord Halifax, who became the leader of our country at a crucial time, and thank goodness that he did. Nevertheless, I do commend the Secretary of State on a good effort—she was close, but no cigar. Anyway, let us go back to the economic arguments of the Bill.

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Andrea Leadsom Portrait The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)
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I want to start by thanking the many lung cancer and asthma charities, particularly ASH, for their advice, research and support. I personally pay tribute to the chief medical officer for England for his commitment to making the strongest possible case for this life-changing legislation, and to Health Ministers across the UK for their collaboration in what will be a UK-wide solution for future generations.

I was very disappointed with the hon. Member for Ilford North (Wes Streeting), who opened for the Opposition. I have said it before and I will say it again: I like the hon. Gentleman. He once said on air that that was death to his career! Why would he have said that, Madam Deputy Speaker? But I am really disappointed today, because he was not listening. My hon. Friends had some very sensible questions about consultation, and they raised very serious points about flavours for vapes and how they might help adults to quit. He was not listening; he was making party political points. In fact, he barely said anything sensible about the legislation. All he did was talk politics. I appreciate the fact that Labour Members have been whipped to support the Bill. On my side, colleagues are trusted to make their own decisions on something that has always been a matter for a free vote. [Interruption.] He sits there shouting from a sedentary position, political point-scoring yet again.

The hon. Member for Birmingham, Edgbaston (Preet Kaur Gill) raised a very serious question about stop smoking services. I can tell her that the Government have allocated £138 million a year to stop smoking, which is more than doubling. The Government’s commitment to helping adults to stop smoking is absolutely unparalleled.

I thank the hon. Member for East Renfrewshire (Kirsten Oswald) for her support for the Bill, and for the collaborative approach of the Government in Scotland in their work bringing forward this collaboration among all parts of the United Kingdom.

I pay particular tribute to my hon. Friend the Member for Winchester (Steve Brine), the Chair of the Health Committee for his excellent speech and his strong case for long-term policies that will prevent ill health and thereby reduce the pressures on the NHS, which is so important. He asked when we will see the regulations and the consultation on vaping flavours, packaging and location in stores. It is our intention to bring forward that consultation during this Parliament if at all practicable.

I thank my right hon. Friend the Member for Bromsgrove (Sir Sajid Javid) for his tribute to Dr Javed Khan for his excellent report into the terrible trap of addiction to nicotine. My right hon. Friend made the point that it is simply not a free choice, but the total opposite.

I thank the Liberal Democrats and their spokesman, the hon. Member for St Albans (Daisy Cooper), for saying that they will support the Bill on Second Reading. I am not quite sure where they are going on the smoking legislation, but I am grateful for their support on vaping. I hope to be able to reassure them during the passage of the Bill.

The case for the Bill is totally clear: cigarettes are the product that, when used as the manufacturer intends, will go on to kill two thirds of its long-term users. That makes it different from eating at McDonald’s or even drinking—what was it?—a pint of wine, which one of my colleagues was suggesting. It is very, very different. Smoking causes 70% of lung cancer cases. It causes asthma in young people. It causes stillbirths, it causes dementia, disability and early death. I will give way on that cheery note.

Dan Poulter Portrait Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
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I thank the Minister for giving way. I draw the attention of the House to my entry in the Register of Members’ Financial Interests as a practising NHS consultant addiction psychiatrist. Does my right hon. Friend share my concern that what we have heard from the libertarian right today is a false equivalence between alcohol and bad dietary choices, and smoking, and that moderate alcohol and moderate bad eating are very different from moderate smoking, because moderate smoking kills. It means that people live on average 10 years less and it means less healthy lives. Does she agree that this is not about libertarianism but about doing the right thing, protecting public health and protecting the next generation, and that is why we should all support the Bill?

Andrea Leadsom Portrait Dame Andrea Leadsom
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I am grateful to my hon. Friend, who makes such a powerful point and speaks with such authority. Similar points were made by my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who as a paediatrician spoke with great expertise on this matter. It is absolutely true: it is a false choice. It is not a freedom of choice; it is a choice to become addicted and that then removes your choice.

Every year, more than 100,000 children aged between 11 and 15 light their first cigarette. What they can look forward to is a life of addiction to nicotine, spending thousands of pounds a year, making perhaps 30 attempts to quit, with all the misery that involves, and then experiencing life-limiting, entirely preventable suffering. Two thirds of them will die before their time. Some 83% of people start smoking before the age of 20, which is why we need to have the guts to create the first smoke-free generation across the United Kingdom, making sure that children turning 15 or younger this year will never be legally sold tobacco. That is the single biggest intervention that we can make to improve our nation’s health. Smoking is responsible for about 80,000 deaths every year, but it would still be worth taking action if the real figure were half that, or even a tenth of it.

There is also a strong economic case for the Bill. Every year, smoking costs our country at least £17 billion, far more than the £10 billion of tax revenue that it draws in. It costs our NHS and social care system £3 billion every year, with someone admitted to hospital with a smoking-related illness almost every minute of every day, and 75,000 GP appointments every week for smoking-related problems. That is a massive and totally preventable waste of resources. For those of us on this side of the House who are trying hard to increase access to the NHS and enable more patients to see their GPs, this is a really good target on which to focus. On the positive side, creating a smoke-free generation could deliver productivity gains of nearly £2 billion within a decade, potentially reaching £16 billion by 2056, improving work prospects, boosting efficiency and driving the economic growth that we need in order to pay for the first-class public services that we all want.

I know that hon. Members who oppose the Bill are doing so with the best of intentions. They argue that adults should be free to make their own decisions, and I get that. What we are urging them to do is make their own free decision to choose to be addicted to nicotine, but that is not in fact a choice, and I urge them to look at the facts. Children start smoking because of peer pressure, and because of persistent marketing telling them that it is cool. I know from experience how hard it is, once hooked, to kick the habit. I took up smoking at the age of 14. My little sister was 12 at the time, and we used to buy 10 No. 6 and a little book of matches and —yes—smoke behind the bicycle shed, and at the bus stop on the way home from school. [Interruption.] Yes, I know: I am outing myself here.

Having taken up smoking at the age of 14, I was smoking 40 a day by the age of 20, and as a 21st birthday present to myself I gave up. But today, 40 years later—I am now 60, so do the maths—with all this talk of smoking, I still feel like a fag sometimes. That is how addictive smoking is. This is not about freedom to choose; it is about freedom from addiction.

There is another angle. Those in the tobacco industry are, of course, issuing dire warnings of unintended consequences from the raising of the age of sale. They say that it will cause an explosion in the black market. That is exactly what they said when the age of sale rose from 16 to 18, but the opposite happened: the number of illicit cigarettes consumed fell by a quarter, and at the same time smoking rates among 16 and 17-year-olds in England fell by almost a third. Raising the age of sale is a tried and tested policy, and a policy that is supported not only by a majority of retailers—which, understandably, has been mentioned by a number of Members—but by more than 70% of the British public.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
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If I had known that my right hon. Friend was such a keen smoker, I would not have recruited her to the Conservative party at the tender age of 18 when we were at university.

I have always taken a free-choice approach to health matters, and as shadow Children’s Minister I had to lead on both the tobacco advertising ban and the public smoking ban. We were wrong to oppose them. Who would now think it remotely normal for people to be able to smoke around us in restaurants and other public places? Does my right hon. Friend not agree that in a few years’ time this measure will seem just the same as banning smoking in public places, and people will ask why we did not do it earlier?

Andrea Leadsom Portrait Dame Andrea Leadsom
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As I have said ever since I met my hon. Friend at the age of 18, he is always right. I can never disagree with him.

I want to say a few even more furious words about vaping. It is just appalling to see vapes being deliberately marketed to children at pocket-money prices and in bright colours, with fun packaging and flavours like bubble gum and berry blast, and with the vape counter right next to the sweet counter.

Jake Berry Portrait Sir Jake Berry
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Before my right hon. Friend gets too furious about vaping, may I ask her to clarify two points on smoking? First, she said that because of the addictive nature of nicotine, it is extremely important that we stop people smoking from the age of 15. I do not support that, but if it is so important, why are we not starting at 17? It is already illegal for 17-year-olds to smoke. What is the magic of 15? If we really believe in the policy, why delay? Secondly, she spoke about her own experience, and I am a former smoker myself. She started smoking at 14, and I started smoking at about 14 as well. It was illegal when I started smoking at 14, but it did not stop me. I am a lawbreaker—how shocking. Why does she think that this ban on people starting smoking when under age will be different?

Andrea Leadsom Portrait Dame Andrea Leadsom
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I am grateful to my right hon. Friend for raising those really important points. As I will come on to, we will be putting £30 million of new money each year into trading standards and our enforcement agencies to clamp down on enforcement, and we are making it illegal to sell cigarettes to anybody turning 15 this year. He asks why. It is precisely because we are trying to bring in the Bill with a decent amount of notice so that people can prepare for it, precisely to protect retailers and allow all the sectors that will be impacted to be able to prepare.

I come back to the area where I am seriously on the warpath: targeting kids who might become addicted to nicotine vapes. I went to Hackney to visit some retail shops, where I saw the vape counters right next to the sweet counters. I saw that it is absolutely not about me—it is not about trying to stop me smoking. It is about trying to get children addicted through cynical, despicable methods. Sadly, for too many kids, vapes are already an incredible marketing success. One in five children aged between 11 and 17 have now used a vape, and the number has trebled in the last three years.

Kirsten Oswald Portrait Kirsten Oswald
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I am grateful to the Minister for giving way as she ploughs through all of this. I wonder whether she can share her views on the advertising of vape products on sports kits and via sports facilities.

Andrea Leadsom Portrait Dame Andrea Leadsom
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The hon. Lady is aware that there is already very restrictive advertising for smoking and vaping. We are very concerned that some advertising is breaching advertising standards regulations, and I will write to retailers specifically about that.

Parents and teachers are incredibly worried about the effect that vapes are having on developing lungs and brains. The truth is that we do not yet know what the long-term impact will be on children who vape. Since I was appointed, I have done everything I can to ensure that this Bill will protect our children. The Government’s position is clear: vaping is less harmful than smoking, but if you don’t smoke, don’t vape—and children should never vape.

We will definitely make sure that people who smoke today continue to have access to vapes as a quit aid, which will absolutely not change, but we cannot replace one generation that is hooked on nicotine in cigarettes with another that is hooked on nicotine in vapes. That is why we are using this Bill to take powers to restrict flavours and packaging, and to change how vapes are displayed in shops. To reassure the Chair of the Health and Social Care Committee and my right hon. Friend the Member for Rossendale and Darwen (Sir Jake Berry), we plan to consult on that before the end of the Parliament, if practicable. The disposable vapes ban will likely take effect in April 2025—those regulations have already been published.

These are common-sense proposals that strike the right balance between helping retailers to prepare, giving sufficient notice and protecting children from getting hooked on nicotine, while at the same time supporting current smokers to quit by switching to vapes as a less harmful quit aid, supported by £138 million a year. Our approach is realistic for those who smoke now and resolute in protecting children. I am convinced that, just like banning smoking in indoor public places and raising the age of sale to 18, these measures will seem commonsensical to all of us in 10 years’ time. In decades to come, our great-grandchildren will look back and think: why on earth did they not do it sooner? I urge all right hon. and hon. Members to vote for this Bill as the biggest public intervention in history. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

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18:56

Division 123

Ayes: 383

Noes: 67

Bill read a Second time.