(1 month ago)
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)
I beg to move,
That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.
Every person in this country has the right to walk down their street without stumbling on a single-use vape that has been tossed on to the pavement. They have the right to take their children to the park without their child picking up a shiny vape that has been cast aside in the playground. No driver should fear that their car tyre will explode if they drive over a single-use vape in the road, yet I was recently sent a picture of just such a tyre explosion. What started out as a useful means to stop adults smoking has become a menace on our streets.
Almost three quarters of single-use vapes are incorrectly disposed of. Material Focus estimates that 5 million vapes are thrown away each week—equivalent to eight vapes a second, and four times as many as at this time last year. They have turned into a constant wave of waste and are wreaking havoc, and we are left to pick up the pieces. When they are littered, they introduce plastics, nicotine salts, copper, cadmium, lead and lithium-ion batteries into our environment. That harms our wildlife, our soils, our rivers and our streams. Last year, 50 tonnes of lithium—the amount needed to power 5,000 electric vehicle batteries—was discarded into our environment.
Alternatively, vapes end up being incorrectly put into black-bin household waste. At best, they either end up in landfill or are incinerated. At worst, they cause fires when they are crushed in bin lorries. That risks harm to the public, refuse workers and firefighters. In September, a fire at a waste centre in Basildon was started by a lithium-ion battery—the sort that is found in vapes. The fire spread across warehouses and set alight 15 heavy goods vehicles. People were evacuated, and the fire service was on site for 24 hours a day for almost a week.
We know that these products are designed to appeal to children. According to Action on Smoking and Health’s research, the rise in single-use vapes has happened concurrently with an increase in young people vaping. We must ban these harmful products, and I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for taking steps to introduce a ban earlier this year. His was the right action, and we will not delay. Transitioning to a zero-waste economy is one of five priorities on which my Department, as part of a mission-led Government, will deliver to rebuild Britain. This ban is an important first step on that journey.
Before I turn to the details of the legislation, I thank the Secondary Legislation Scrutiny Committee for its work. Its report highlighted several points of interest, particularly the links to youth vaping, which I have mentioned, and whether we will monitor products coming to market following the implementation of the proposed ban. We will work closely with the Medicines and Healthcare products Regulatory Agency to understand the types of products coming to market, and we will continue to look at this in future.
The Committee also highlighted correspondence from Green Alliance, which supports the ban but wished for earlier implementation and sought assurance on enforcement. We want to introduce the ban as soon as possible, but we must allow a minimal but reasonable transition for businesses to run down stocks and adapt their business activities. This is why the ban will come into force on 1 June next year. Effective enforcement is crucial, and we will work closely with enforcement agencies to understand how best to support them.
Let me now turn to the details of the legislation. The ban we are introducing uses powers under the Environmental Protection Act 1990. Part 1 sets out the meaning of a single-use vape, which is a vape that is
“not refillable and not rechargeable”.
The ban applies to England only, but my excellent officials have worked closely with the devolved Governments, who are bringing an equivalent legislation. We are grateful to our colleagues in the devolved Governments for their collaboration to ensure that, from 1 June next year, there will be a UK-wide ban.
Parts 2 and 3 of the legislation introduce offences and enforcement provisions. Enforcement of the ban in England will be carried out through local authority trading standards officers, and the powers in the legislation have been developed in partnership with them. The regulations mean that illegal traders can be issued with an on-the-spot fine and that the products they are selling can be taken away. It is also possible for local authorities to reclaim the costs of investigating, and enforcing, the regulations from the rogue traders. Finally, part 4 of the legislation covers requirements for guidance and the need to review and evaluate the ban.
Sir Christopher Chope (Christchurch) (Con)
The Minister has talked about the environmental impact of disposable vapes, but what does she think about the environmental impact of the reusable vape devices that are being sold? The Government’s own impact assessment suggests that by the year 2034, there will be a total of 2 billion reusable vape devices being sold. What impact does she think that will have on the environment, and how will that differ from the sale of disposable vapes?
Mary Creagh
What we are trying to do with this ban is to get rid of the vapes that are not rechargeable and refillable. The vapes that are both refillable and rechargeable will continue to be sold as a valuable aid to help adults stop smoking. The almost toy-like vapes that we find littered in every street are the real problem, and I am sure that the hon. Gentleman’s constituency is no different from mine in that regard. I will come back to him on that. On predictions about the future, we saw yesterday in the newspapers that a pill has been developed to help smokers quit smoking, so who knows where we will be in five years’ time. We can always guarantee that the future will be different from the past.
Let me conclude by saying that vapes can help adults to quit smoking, but single-use vapes are a waste of our precious national resources. The sheer volume of them that we see on our streets and the widespread harm that they cause must be stopped, so I commend these regulations to the House.
Madam Deputy Speaker (Judith Cummins)
I call the shadow Minister, Dr Neil Hudson.
Dr Neil Hudson (Epping Forest) (Con)
It is an honour to be speaking for the Opposition on this important motion on environmental protection. May I begin by thanking the Government for laying this statutory instrument, which was originally put forward by the previous Conservative Government? This House is at its best when we are united in common humanity and working together across the House to pass legislation that will support and protect our precious environment, and also human and animal health. I am glad that the Government have agreed with our measures in bringing forward this ban on disposable vapes. I am happy to say, therefore, that we, His Majesty’s loyal Opposition, will be supporting the passage of this important environmental statutory instrument.
I thank all those who have made this statutory instrument possible, from Ministers and MPs on both sides of the House to the charities, non-governmental organisations, parents, teachers and health professionals who sounded the alarm on the impact of disposable vapes. This legislation is a targeted step to ensure environmental protection and to mitigate the risks posed by single-use disposable vaping products.
To this end, we know that single-use vapes pose a range of risks to our environment, to animals, both domestic and wild, and even to people—especially our young folk, as the Minister said. It is estimated that almost 5 million single-use vapes are littered or thrown away in general waste every week.
The scale at which lithium-ion batteries are being improperly disposed of through single-use vapes is absolutely staggering. Astonishingly, it is estimated that, each year, the lithium in disposable vapes discarded in this way is equivalent to the lithium in the batteries of 1,200 electric vehicles or more.
Unfortunately, the number of single-use vapes being littered or thrown away each year is steeply rising. We know that the improper disposal of lithium-ion batteries already poses a significant risk of serious fires and pollution. As the Minister said, we are seeing such littering in both urban and rural areas, with vapes carelessly thrown to the wayside.
We also know that the disposal of single-use vapes can lead to plastics and toxic chemicals leaking into our natural environment and precious waterways. We cannot overestimate the seriousness of this or the long-term dangers that will result if we allow a steady or increasing flow of these materials into the environment. At a time when we are all concerned about the need to improve our waterways and rivers, it is vital that we tackle this very real threat.
The improper disposal of single-use vapes, which unfortunately occurs in the majority of cases, also poses risks to animals and wildlife that may potentially consume them. I declare a personal and professional interest as a veterinary surgeon and a pet owner. In fact, not long ago, when I was walking my young dog Poppy, she disappeared into the undergrowth and came out with a brightly coloured, melon-flavoured disposable vape in her mouth. Fortunately, I was able to get the vape out of her mouth quickly, but I shudder to think what could have happened if Poppy had chewed, crunched or swallowed it, given that it contained a battery, toxic chemicals and shattered plastic. I am sure the whole House will agree it is particularly concerning that we are allowing millions of flavoured, brightly coloured items containing incredibly harmful chemicals to be littered, endangering the health of any creature that might ingest them.
With that in mind, it is important to act, and the implementation date of 1 June 2025 should offer businesses time to adjust to the new measures. However, it is vital for the Government to clarify how they intend to tackle the disposal of existing stock that is not sold by June 2025. Therefore can the Minister assure the House that any unsold single-use vaping stock, as of the implantation date, will be collected and disposed of appropriately? Additionally, will the Government produce a plan to ensure proper disposal?
With this ban coming into force, it is also essential that the illegal importation of single-use vapes is targeted. There are extremely concerning reports of the importation of vapes into this country that flout legal safety regulations on the number of puffs and, potentially, the nicotine content. There are even reports of vapes that contain illicit or dangerous substances, as well as chemicals such as lead and nickel.
It is hugely concerning to think that many of these single-use vapes have been getting into the hands of a large number of our under-18s. Advertisements on social media, specifically designed to entice young people with bright colours and appealing flavours such as bubble gum and cherry ice, are luring our young people into nicotine addiction and the risk of illicit substances.
All this could have serious consequences for the physical and mental health of our young people. There are reports of children having their sleep patterns disrupted, by setting their alarms for 2 am or 3 am so that they can have a vape during the night to avoid withdrawal symptoms in the morning, and students leaving lessons, or even examinations, because they simply cannot last without the use of a vape. The statutory instrument specifically targets the disposable vapes that are afflicting so many of our young people.
Sir Christopher Chope
The issue is not just disposable vapes but illegal vapes, of which as many as 120 million may be being sold each year. Should we not concentrate on that? These regulations deal only with legal vapes, but should we not be more concerned about the environmental impact and other health impacts of illegal vapes?
Dr Hudson
We need to get rid of all disposable vapes, legal or illegal. In fact, if any child is vaping, that is illegal. They are getting hold of vapes around the law and people are exploiting our young people. We still do not know the long-term consequences of vaping for their physical and mental health, so we just have to get on with getting rid of the single-use disposable vapes.
To be clear, we know that vaping has its part to play in helping adults to quit tobacco smoking, but we owe it to our young people and others to tackle the unacceptable risks of the illicit market and of existing nicotine addiction, and not to create a new generation of addiction.
On the risk of disposable vapes being imported for sale, will the Minister confirm what measures will be put in place to ensure border authorities have the proper powers and scope to ensure that there is no room for the creation of an illegal disposable vape import industry? In addition, as part of that, will additional resources be allocated to our Border Force, so that the legislation will have the teeth it needs to prevent potential illegal imports of vapes? It is deeply important that the proper enforcement measures are in place, as we know how difficult it can sometimes be to enforce such bans.
Sir Christopher Chope
My hon. Friend keeps using the expression “potential illegal imports”, but massive illegal import is already taking place. The number of illegal imports detected is a minute proportion of the actual number of illegal imports that are coming into the market. Will he concentrate on the current issue relating to illegal imports, instead of describing that issue as a “potential”?
Dr Hudson
I am well aware that there are illegal importations and we need to clamp down on them, but once the ban is in place, if single-use disposable vapes are still being imported into the country, then it will be illegal to put them on sale. I am aware of the point that my hon. Friend makes, but we need to crack on and get rid of disposable vapes.
Will the Minister confirm what measures will be put in place to ensure full and proper enforcement of the ban? Will she reassure the House that the Government will monitor, on an ongoing basis, the performance of enforcement measures in preventing the sale and distribution of single-use vapes? In addition, will the Minister reassure the House that the Government will keep a watching brief on unscrupulous people trying to create loopholes in the ban by adapting, in a sham way, disposable vapes to look like reusable, refillable or rechargeable ones?
I welcome the Minister’s comments about the devolved Administrations, but with this England-only legislation, and with similar versions of the regulations likely to be approved in Wales, Scotland and Northern Ireland in the coming months, will the Government assure the House that discussions are set in place with the devolved Administrations on specific timings, so that we do not inadvertently create the potential for disposable vape tourism in different parts of the United Kingdom?
In closing, as I said in my opening remarks, we will be supporting this measure. While I hope the Minister can provide clarity on the questions I have posed, I thank the Government for bringing forward this Conservative measure.
Madam Deputy Speaker (Judith Cummins)
I now call Lloyd Hatton to make his maiden speech.
Lloyd Hatton (South Dorset) (Lab)
Thank you, Madam Deputy Speaker, for calling me to speak during today’s important debate.
I wish to begin by taking the opportunity to thank my constituents for choosing change and putting their trust in me at the ballot box this summer. This was indeed a “change” election. The last time that a Labour MP for South Dorset stood here and made his maiden speech, I was just six years old. But my Labour predecessor—Lord Knight—did not waste any time winning my support. As the local MP, Lord Knight relentlessly fought for my community, and he leaves behind a legacy of which we can all be proud. His successes include rebuilding my dilapidated primary school and then rebuilding my secondary school as well. Lord Knight was also at the heart of the campaign to win the 2012 summer Olympic games bid, with Weymouth and Portland proudly hosting the sailing events. I consider myself very fortunate to have one of my predecessors working just along the corridor in the other place. This Palace of Westminster can be an ancient and mysterious workplace at times, so I will always be grateful for my Lord Knight in shining armour just around the corner.
I would also like to take this opportunity to pay tribute to my immediate predecessor, Richard Drax. As our MP, his commitment to our armed forces community was second to none. The constituency may have changed hands, but I fully intend to continue his work championing our armed forces.
If I may, Madam Deputy Speaker, I would also like to pay tribute to another former Member of this House, Baroness Hodge. Many Members will, like me, have worked alongside Baroness Hodge. Working with her is certainly an unforgettable experience. “Relentless”, “feisty”, “ferocious”, “attack dog”—these are just some of the terms bandied around the staffroom at Amazon headquarters after only the briefest of cross-examinations by Baroness Hodge, and with good reason. She exemplifies how to be an effective and tenacious change-maker in Parliament. For more than a decade, she has been the scourge of tax-dodgers and kleptocrats, white-collar criminals and oligarchs alike. It was a pleasure to work alongside her in the battle against dirty money and economic crime. I look forward to continuing her important work, both in this place and on the Public Accounts Committee.
Before I take Members on a walking tour of my constituency, I would just like to say thank you to the people who got me here. My parents, my wider family, my friends and my partner have always had my back. They have always supported my endeavours, and they have given so much to ensure that every opportunity was made available to me. Thank you.
There is something deeply personnel about being able to represent your home. It is an honour to be able represent my friends, my family, my neighbours and my former classmates. In the years ahead, I look forward to rigorously standing up for all the communities that make up South Dorset.
Madam Deputy Speaker, wherever you look across my constituency, a strong sense of community and local pride is unmissable. Starting our stroll in the east of my constituency, we will find Studland and then Swanage, a small, charming seaside town. The people of Swanage have much to be proud of, including the legacy of one Trevor Chadwick. Trevor was a public-spirited man, a local schoolteacher and a lifeboat volunteer. In 1939, he joined Sir Nicholas Winton to assemble the Prague Kindertransport. Despite the clear dangers facing him, Trevor went to Prague to help rescue 669 children from the Nazi regime, yet, much like Sir Nicholas Winton, Trevor did not seek praise or recognition for his heroism, and for many years his work went unmarked. There now stands a statue in Swanage marking his proud legacy. Walking past it just the other day, I was reminded of the quiet selflessness and compassion that sits at the heart of all our communities. We can all learn from his example.
The town of Swanage is also rightly proud of its many independent businesses, its award-winning beach and its essential community hospital. Without these institutions, the town would be lost, so I look forward to advocating for all three at every opportunity.
Now, Madam Deputy Speaker, moving west on our walk along the coastline of my constituency, you are spoilt. Whatever other Members might claim, I know that my constituency truly is the most impressive, the most spectacular, and the most charming. If you do not believe me, just ask UNESCO. My constituency is the proud home of the Jurassic coast: St Aldhelm’s Head, Chapman’s Pool, Bacon Hole, Lulworth Cove, Durdle Door and Ringstead bay are all geological gems dotted along the coast. Most hon. Members have probably already visited this part of my constituency, either on a romantic weekend away, a summer holiday or an ill-fated geography field trip many moons ago. Either way, all who visit the Jurassic coast leave with lifelong memories. Rural communities such as Corfe, Worth Matravers, Langton Matravers, Winfrith and Wool are all proud to call the Jurassic coast our back garden. I will do all I can to defend, preserve and enhance that unique landscape.
Ambling further west, we arrive at the friendly seaside town of Weymouth. Weymouth and nearby Portland were a key departure point for the Dunkirk evacuation and, later, the D-day landings. My home town was a generous home to soldiers, sailors and airmen during the second world war. In the months prior to D-day, Weymouth hosted thousands of British and allied forces as they prepared for the liberation of Europe. In Weymouth we do not easily forget the importance of those D-day landings, and our town is proud of the role that we played in turning the tide against fascism. In a world that often feels insecure and riven by conflict, our community will always remember the sacrifices made to defend democracy and freedom.
Weymouth also remains proud of a local parliamentarian, Sir Thomas Fowell Buxton. In the early 19th century he was a Member of Parliament for Weymouth and a leading member of the abolitionist movement. Alongside William Wilberforce, Buxton led efforts to abolish slavery throughout the British empire. Wherever I go in Weymouth, there are quiet reminders of that important figure and the role he played in making the world a more civilised place. We are proud of his legacy and I believe we are a kinder and more caring community because of it.
Weymouth is a fantastic place to call home, but that does not mean our town is without its challenges. Growing up there the message I too often heard was that to get on, you had to get out. I reject that outlook altogether. I am proud to call Weymouth home and I will do everything I can to attract the jobs, investment and opportunities that every young person there deserves.
Arriving at the westward end of our walk through our constituency, we find the Isle of Portland, but we do not need to visit Portland to appreciate its significance. Parts of this Palace of Westminster were built using Portland limestone. The Cenotaph and Whitehall were also constructed using that stone, as were the United Nations headquarters and much of Buckingham Palace.
We are proud that a part of Portland can always be found in the corridors of power, yet Westminster and Whitehall can too often feel remote and far removed from life on the island. I will always stand up for the proud communities living in Portland, and I will do what I can to shrink the gap between communities and the corridors of power. I have begun by working with the Government to shut down the Bibby Stockholm barge, and I will continue by challenging proposals to build an incinerator and by campaigning for improved healthcare and much-needed green investment.
Well, there you have it, Madam Deputy Speaker: a short ramble across South Dorset, all enjoyed from the comfort of these green Benches. The countryside and coastline, the towns and villages that make up my constituency are brimming with pride and with strong communities. It is an immeasurable honour to represent each and every one of them, and I shall seek to serve them first and foremost in this House.
Madam Deputy Speaker (Judith Cummins)
I call the Liberal Democrat spokesperson.
Liz Jarvis (Eastleigh) (LD)
I congratulate the hon. Member for South Dorset (Lloyd Hatton) on his excellent maiden speech; I have indeed enjoyed many family holidays in his constituency.
I am pleased that we are having this debate today and that the Liberal Democrats are supporting this measure. We have been calling for action on single-use vapes for some time. Single-use or disposable vapes are a menace and the evidence for banning them is clear and overwhelming. It is staggering that each week more than 5 million disposable vapes are discarded in the UK, posing significant environmental and public health challenges and littering our streets, countryside and beaches. The devices, which are difficult to recycle because of their lithium-ion batteries, are a growing threat to wildlife and waterways. It is crucial that our waterways, including the River Itchen, the rare chalk stream that runs through my Eastleigh constituency, are protected.
The Rivers Trust has found that the electric components in disposable vapes release chemicals and heavy metals as they degrade, severely threatening life in our rivers. As the Minister highlighted, batteries can, when improperly disposed of, cause fires in waste and refuse lorries, which puts additional strain on local services and poses safety risks. Together, the disposable vapes discarded in a year could provide enough lithium to power over 5,000 electric cars. The Royal Society for the Prevention of Cruelty to Animals has raised serious concerns about the impact of carelessly discarded disposable vapes on animal welfare, as the risk of ingestion or habitat disruption poses a risk to wildlife.
Although vapes have an important role to play in smoking cessation, single-use vapes present unique risks for children and young people. Marketed with colourful packaging and a choice of flavours, and at far lower prices than traditional cigarettes, they are particularly appealing to under-18s. According to public health charity Action on Smoking and Health, 18% of 11 to 17-year-olds have tried disposable vapes. I hope that the Government will also address the concerns of the Mental Health Foundation that those with mental health issues are more likely to use disposable vapes. The trusts that provide them with care, including cessation services, should be properly supported in the transition.
We face an escalating crisis that affects our planet and the next generation. Young people are our future and we owe them swift and meaningful action. The Liberal Democrats support the measure, but we hope that the Government will ensure that the ban is effective and that manufacturers and retailers will play their part. There must be robust regulations and investment in cessation services, and the health of our communities must be prioritised. I hope that the Government will take this opportunity to address these concerns with the urgency that they demand, to ensure a future that protects the health and wellbeing of young people and preserves our environment.
Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)
May I say what an honour it was to hear the maiden speech of my hon. Friend the Member for South Dorset (Lloyd Hatton), and how proud he is to represent his home constituency? I wish him all the best in his parliamentary career.
Vaping remains the most effective tool that the UK has to help smokers to quit. Recent data from ASH shows that in the last five years, 2.7 million hard smokers have used vaping as a mean of quitting. Disposable vapes have played a vital role in supporting smoker transition to a less harmful, accessible and affordable entry-level product. Without such products, there is a real risk that fewer smokers will decide to try vaping as an aid to quit.
There are important concerns about the environmental impact of single-use vapes and their accessibility to children, as has already been mentioned, but the Government will need to be prepared for the inevitable increase in availability of black-market products that is certain to come about because of the ban. An increased vaping black market will pose a greater risk to the environment and to children’s health. Current laws already prohibit the sale of vapes to those under 18, and require adherence to environmental regulations, but their enforcement has been minimal. Stronger enforcement of the existing regulations could effectively address the issues without banning disposable vapes outright.
The Government have made the right decision in progressing with a licensing scheme, but the fines for breaching the rules must be higher than £200 per offence. The UK Vaping Industry Association has repeatedly called for fines of up to £10,000, which would help to deter rogue traders from selling products to children, and illegal products more generally. In essence, this is not a ban on disposables; it is a ban on legal and compliant disposables. Illicit disposables, which contain goodness knows what, will continue to be sold, and will even proliferate in popularity, after the ban.
Demand for multi-tank vape products has been growing since the UK-wide disposable vape ban was first proposed in January of this year. The regulations appear to ban very high puff-count devices, but it is likely that from next June, irresponsible manufacturers from overseas will innovate to sidestep that ban; they may possibly make their mesh coils replaceable, so they can continue to sell those products. It would be better for the Government to legislate for “one device, one tank”. If the Minister cannot be more explicit about devices in these regulations, I hope that the Government will address those points in the Tobacco and Vapes Bill.
As I say, we must be mindful that vapes have been the most effective tool in helping smokers quit. I hope we can take some heed of that fact and make the regulations work, so that the remaining 6 million smokers in this country move away from cigarettes, most likely with the help of vaping.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
It is a pleasure to follow the maiden speech of the hon. Member for South Dorset (Lloyd Hatton). It was an excellent maiden speech—very interesting—and his constituency sounds lovely. Indeed, it sounds almost as lovely as Sleaford and North Hykeham, but not quite. I welcome him to his place, and hope he enjoys his time in the House.
I also welcome the regulations. Some people say that ten-minute rule Bills never become legislation, but today, mine will. On 8 February 2023, I introduced the Disposable Electronic Cigarettes (Prohibition of Sale) Bill. I put on record my thanks for the support of my hon. Friend the Member for South Leicestershire (Alberto Costa), and the hon. Members for Richmond Park (Sarah Olney), for Barnsley North (Dan Jarvis), for Gower (Tonia Antoniazzi) and for Blaydon and Consett (Liz Twist), as well as many former Members who supported that Bill. There was then a consultation that showed that the measures in the Bill had broad support in the country. It showed that at that point, 70% of the public supported those measures—a high figure. The Conservative Government then introduced the Environmental Protection (Single-use Vapes) (England) Regulations 2024, which sadly did not pass through wash-up before the general election and therefore did not become law. I am delighted that the current Government are bringing these measures forward, but disappointed that they will not come into effect until June, although I understand the reasons that the Minister has given.
There are essentially two reasons why this legislation is very important: the protection of children, and the protection of our natural environment. When it comes to protecting children, I declare an interest—well, three interests as the mother of three children, but also an interest as a children’s doctor in the NHS. As has been said, when vapes were introduced, it was claimed that they were a “stop smoking” device. I would argue that they were introduced as an alternative addiction, but they certainly are not suitable for children. The chief medical officer has clearly stated on a number of occasions that vapes may be better than smoking, but those who are not smokers should avoid using them at all.
Unfortunately, children have been attracted to these devices. It is my view that in some cases, the vaping industry has made them deliberately more attractive to children. I do not see why a middle-aged smoker wishing to quit would need a unicorn-flavoured vape, or one shaped like SpongeBob SquarePants or a teddy bear. They are cheap, disposable, and in my view clearly designed to attract children, which they certainly have done. This risks creating a whole generation of nicotine addicts, and the long-term effects of these devices are unknown. They are causing disruption in schools—eight children at a Sleaford school in my constituency have collapsed following the inhalation of certain vapes.
The protection of the natural environment is important. When I introduced my ten-minute rule Bill, I mentioned in my speech that 1.3 million of these devices were being discarded a week. The latest figure is 5 million, and even that figure is becoming slightly out of date. They are very difficult to recycle, and if they are discarded as litter, they create toxic waste that pollutes our soil, rivers and streams. If they are crushed in a bin lorry, they can cause fires, and have indeed done so.
Max Wilkinson (Cheltenham) (LD)
Does the hon. Lady agree that there is a particular issue with the discarding of single-use vapes in our town centres? Most of our councils do not have enough money to keep town centres clean; in Cheltenham, I believe the bill is in excess of £1 million per year. There is a real issue there, not just about the environment, but about public sector finances at the local level.
Dr Johnson
I understand the hon. Member’s point, but the party responsible for putting an item in the bin is not the council, but the person who has it in their hand. People who drop litter should take responsibility. They should not be doing so in the first place. When I worked with the River Slea clean-up project a year ago, we picked up a lot of these devices from the riverside and the river itself. They are clearly a danger to the environment and should not be discarded.
My hon. Friend the Member for Epping Forest (Dr Hudson) talked about his dog Poppy. He has recounted that story to me before, and it horrified me, as a dog owner, that any animal could hurt themselves so badly with a vape. We also heard the Minister talk about tyres exploding; goodness knows what would happen if a poor dog or another animal crushed one of these things in their mouth, so I am pleased that they are being banned.
One of the challenges with this legislation was defining disposable vapes. The Government have defined them as ones that are not refillable and rechargeable. In an ideal world, the industry would accept that, produce the refillable vapes it currently produces and move on. However, there is a great financial interest in these products, and I am concerned that the industry will try to find workarounds and get-arounds to create a nominally reusable, but practically not terribly reusable, product at a price point that means it will be discarded. That would continue the problem, so I ask the Minister to keep these products under review, look carefully for signs of these issues in the way that vapes are manufactured, and legislate if necessary.
The Minister talked about those involved in enforcement being given the resources they need, so will she tell us how much has been budgeted and allocated for enforcement of the new rules?
Mr Lee Dillon (Newbury) (LD)
Enforcement often falls to local councils’ public protection departments. As a councillor in West Berkshire, I led on public protection, and our cupboards were full of illegal vapes that we had seized. I absolutely support the call for resources, but we must make sure that they are delivered to local councils, so that they can employ more enforcement officers. Those officers can get into shops, and into the back of those shops, which is where the illegal vapes are often stored, while the legal vapes are in the shop window. Does the hon. Lady agree that it is important to get that funding to local enforcement teams?
Dr Johnson
I certainly do. One benefit of the ban on disposable vapes is that regardless of whether or not a disposable vape is currently illegal on the basis of its constitution and content, it will now be illegal. It will be much easier to identify illegal vapes, because all disposable versions will be illegal. I also agree that we must get the money to councils to do these things, but employing a new enforcement officer will of course now cost more money. The Government’s raising of national insurance contributions and lowering of the threshold at which they are paid will affect councils up and down the country. I do not think the Government have really considered the direct cost to public sector employers, or the knock-on effects where services are contracted out and provided by a third party—a private company or a charity. That third party will, no doubt, pass the costs on to the councils. That is a huge concern.
This legislation is the start of creating an overall package to control vaping and protect our children and our natural environment. I welcome it, and I will support it today.
Sir Christopher Chope (Christchurch) (Con)
It is a pleasure to follow my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who has brought a lot of knowledge to the debate.
I want to begin by referring to the hon. Member for South Dorset (Lloyd Hatton). The last time I was this close to him was early in July, before polling day, when I was standing in a pub garden overlooking Chesil beach with my good friend Richard Drax. I very much enjoyed listening to his tribute to Richard Drax, who was not only a good friend of mine, but a great servant of democracy. He contributed enormously to the successful campaign to leave the European Union, after which he was a diligent member of the European Scrutiny Committee. He was also extremely active on what was his great love: trying to ensure that we maintain strong defences in our country, and he used his military background to great effect in debates.
However, I have to tell the hon. Gentleman that he is lucky to be here. I have every confidence that, had it not been for the previous Government’s intransigence over the Bibby Stockholm, Richard Drax would still have been in this House, so it was with mixed feelings that I listened to what the hon. Gentleman had to say, but I extend a warm welcome to him. I am sure that he and I will do our best to ensure that Dorset continues to improve its provision of good-quality services to all its citizens.
Turning to the subject of the debate, it came as a bit of a disappointment that neither the Minister nor my hon. Friend the Member for Epping Forest (Dr Hudson) referred much to the unintended health consequences of outlawing disposable vapes. There is already a real problem with illegal disposable vapes—it is estimated that probably one third of vapes are illegal. Those are already bad for the environment, but what will the measures do to address that problem? Not very much, I fear. As I said, it is estimated that some 360 million disposable vapes got on to the market in the United Kingdom in 2023. I had a briefing from British American Tobacco, which highlights that 4.5 million illegal vapes were seized at the border by His Majesty’s Revenue and Customs in 2023. The gap between the 4.5 million illegal vapes seized, and the 360 million estimated to be in circulation, highlights the gravity and extent of the problem, particularly when we extrapolate into the future; the number of illegal vapes could be as high as 1 billion by 2030. That is an enormous amount of income for people engaged in black market trade, people smuggling, and other illicit activities.
Dr Caroline Johnson
Does my hon. Friend accept that it is quite difficult for the consumer to establish which vapes are illegal and which are not? One may have thought that going into a reputable supermarket to buy such a product was a surefire way of ensuring that it was safe, but we have heard examples of major supermarkets selling a well known brand of vapes that had more in them than was legally allowed. If we ban disposable vapes, it will become very clear: all disposable ones will be illegal.
Sir Christopher Chope
The information I have about the extent of illegal vapes in the marketplace comes from the Government. In their impact assessment for the Tobacco and Vapes Bill, which will be debated in the next fortnight, the Government accept that about 30% of the market is illegal, and that is where I got my figures. My hon. Friend refers to supermarkets. I am not suggesting that there is any illegal activity in supermarkets or among responsible retailers.
Dr Johnson
My point was that there have been examples of supermarkets unknowingly selling vapes that did not meet requirements, and it is difficult for a consumer who puts a disposable vape in each hand to identify which is allowed and which is not. As a result of the new regulations, they will be able to tell, because both will not be allowed.
Sir Christopher Chope
I am not sure that will help much. My hon. Friend refers to the packaging of vapes, but the number of vapes described as refillable or reusable is projected to increase exponentially over the next several years. The question I asked—I did not really get an answer from the Minister—is what the impact will be of all those refillable or reusable vapes on the environment. The same issues to do with what goes into the manufacture of vapes apply to both disposable and reusable vapes. Why would we need to have 2 billion reusable vapes being sold by 2034 if they are not being disposed of? Just because they are described as reusable does not mean that they cannot be disposed of after one use. My hon. Friend the Member for Sleaford and North Hykeham made the point that we need to be wary of how the Chinese, who are the leading manufacturers and exporters in this field, may well adapt their products to try to circumvent these regulations. In any event, what they and other manufacturers are producing is a cost on the environment, in the sense that they are using scarce resources.
Let us not be naive: the fact that something is reusable does not mean it is a permanent fixture. For example, in my parents’ day, they used to smoke cigarettes through a filter that they held. Even those filters were not permanent. I remember many occasions on which my parents said that they had to get rid of the filter and replace it with another. Do not let us be naive and think that this enormously large number of reusable vape devices that are projected to be sold in 2034 will not end up in landfill.
Dr Johnson
I am interested to know: is my hon. Friend trying to argue that the Government should have gone further and banned all vapes, including those that can be refilled?
Sir Christopher Chope
I am not suggesting that; I am referring to the impact assessment. The Minister, in responding to my intervention earlier, referred to the statement made yesterday to the effect that a new magic pill will be available on the NHS to enable people to be weaned off smoking and, in particular, the nicotine effects of smoking. When bringing that forward, the Government said that the new pill would be as effective as vaping. They did not suggest it would be more effective, but as effective, thereby recognising the important role that vaping has in promoting public health.
These regulations are being brought forward on the basis of the environmental benefits that will flow from them, but let us be clear that there is little provision for enforcement. Reference has been made to the additional burden on local authorities. Paragraph 183 of the regulatory impact assessment states:
“There will be costs associated with inspection and law enforcement services to support the ban. Trading Standards Authorities (TSAs) would be best placed to enforce the ban, and work will be undertaken with LAs to establish the most effective and efficient way of enforcement.”
The impact assessment goes on to calculate that the enforcement costs will be low, because the assumption is
“as per Better Regulation guidance to assume 100% compliance by businesses.”
If we make that assumption—in my submission, it is a false one—it can lead to the acceptance of figures from the Government that no additional costs will arise from enforcing these new regulations. I think that is a load of nonsense.
Max Wilkinson
The hon. Gentleman is making a number of interesting points, but it is not yet clear to me whether he is in favour of the banning of single-use vapes, or the banning of all vapes, or not. It would be instructive if we all understood a little more of what he is trying to get at in the points he is making, as interesting as they all are.
Sir Christopher Chope
I am grateful to the hon. Gentleman for listening to the points that I have been making. They can be summed up as: smoking costs lives; vaping saves lives. Therefore, if we can encourage more people to vape rather than smoke, that is to the benefit of public health and the individuals affected, as well as assisting those who suffer as a result of secondary smoking or passive smoking. The consequence, which is accepted by the Government in their impact assessment, is that by taking these measures against single-use vapes, quite a lot of people who currently use them will go back to smoking.
Vapes have a 65% success rate in enabling people to quit smoking. The chief executive of Action on Smoking and Health said that “scare stories” about young people vaping could be causing the misconception among adult smokers that vaping is at least as risky as smoking. We know that it is not. Compliant vapes do not contain tobacco and do not produce smoke, and vape aerosols do not contain the harmful chemicals found in tobacco smoke. Why are the Government therefore proposing to introduce regulations, which, on their own figures, will result in about 26% of people going from vaping back to tobacco products?
Dr Caroline Johnson
My hon. Friend is referring to an important issue. I know that he is concerned about personal responsibility and people’s ability to make their own choices. The Government face something of a choice between the protection of an adult—a former smoker who is now vaping, who will be presented with a choice of going back to smoking, stopping vaping or using a reusable vape—and the protection of children. Surely the protection of children is more important, as adults are free to make their own choices about what they wish to do, as long as it is an informed choice.
Sir Christopher Chope
There is already vaping among children. As the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) said, children cannot buy vapes and should not be using them, but if children are going to choose between vaping and smoking, it is better that they should go for vaping rather than smoking. One of the unintended consequences that may flow from the regulations is that, instead of using vaping products, an increasing number of children will go back to smoking behind the bike sheds, or whatever the modern equivalent is.
Mr Dillon
I should declare an interest as a vaper. I smoked until my wife was due to have our first son and used vapes to give up cigarettes. I have made my own vape juice—I knew exactly what was going into it—and have also used disposable vapes. I now use a reusable vape. A disposable vape is about £6.99 a unit—or two for a tenner; something like that—whereas my monthly bill with my reusable vape is about £35, so it is cheaper for me to use a reusable vape than disposables, and I can now get the same flavours in a reusable vape as I could in a disposable vape. I am not sure that I agree with the hon. Member on the correlation between removing disposable vapes and the prevalence of children smoking, because nowadays they could use a reusable vape and get the same flavours as in a disposable vape.
Sir Christopher Chope
As I understand it, a reusable vape may cost as little as £10, so let us see what happens. However, the Government’s own impact assessment on page 40 expects that 26% of current smokers will revert to smoking or alternative non-vaping products. The figure for recent ex-smokers is that 3% will revert to smoking or alternative non-vaping products. Those two added together show that 29% of current vapers will not transition to reusable vapes. The figures say that 24% of current smokers will transition to reusable vapes. Slightly fewer will do so, therefore, than will revert to smoking or alternative non-vaping products. It is encouraging that 7% of recent ex-smokers will transition to reusable vapes, whereas only 3% will revert to smoking or alternative non-vaping products. That is significant, but I am concerned about the 29% of current vapers who will be driven back to smoking. Is that a good thing for them or for public health? I do not think that it is.
The hon. Member for Newbury (Mr Dillon) referred to his background as a smoker and now a vaper. I have to admit to having never smoked or vaped, so I come to this debate with an enormous amount of wisdom and experience on the subject. I am driven by the fact that both my parents smoked very heavily as a result of their experiences in the war—when people were not fighting the Germans, there was not much else to do other than smoke. That was very bad for my parents’ health, as it was for so many people of that generation. I do not wish to encourage people to smoke, but the impact assessment makes no reference to the benefits that will accrue to the tobacco companies and the Exchequer from the increased number of people who will smoke as a direct result of the implementation of the regulations. That is a serious omission.
Earlier, some people said that there is a shortage of information available on this subject. I think that this debate is inhibited, as the one that we are to have on the Bill that will come forward in the next fortnight will be, by the Government’s extraordinary interpretation of the World Health Organisation framework convention on tobacco control, particularly article 5.3, which seeks to ensure that interactions between the tobacco industry and policymakers are conducted transparently. We are all in favour of that, but the article does not apply to interactions between the vaping industry and policymakers regarding vape regulation. I have been told, however, by Imperial Brands, I think British American Tobacco and others that they have been unable to access Government Ministers or officials because Ministers and officials are falsely interpreting the framework convention as prohibiting such engagement. It specifically does not inhibit or prevent such engagement.
I think that it is probably the fault of the Government that, as a consequence, they are not as well informed about the issues as they could and should be. Article 5.3 does not preclude policymakers, elected or unelected, from engaging with the tobacco industry or associated parties. Let us have open dialogue about this, instead of a situation where, as I understand it from talking to somebody from Imperial Brands, efforts by that company to engage with Government officials and Ministers are rejected on the grounds that such engagement would be inconsistent with the WHO framework convention. It would not be inconsistent with it. I hope that one positive thing to come out of the debate will be that the Government will rethink their total lack of engagement with the manufacturers of vaping products. We have some really good manufacturers of vaping products based in this country. Why are we trying to put them out of business and encouraging Chinese manufacturers to run rampant in our marketplace, as they are doing with increasing effect? My plea to the Government, which I hope the Minister will address, is to engage with tobacco manufacturers and companies such as Imperial Brands that are interested in promoting smoking alternatives and vaping.
All the projections are that the amount of vaping going on in this country will increase significantly. That is fine, but please can we try to ensure that we do not drive people back to smoking? That would be really bad for our public health and the national health service. I despair that no one from any of the three Front Benches has addressed the unintended consequences of these regulations on public health.
Mary Creagh
Let me begin by saying how much I enjoyed listening to that interesting debate. I welcome the hon. Member for Epping Forest (Dr Hudson) to his place in his new role in the shadow DEFRA team. I send our good wishes to Poppy the dog, after her close encounter with a vape of a disposable kind. I hope that this legislation avoids such encounters in future. I thank the hon. Member for Eastleigh (Liz Jarvis) for her generous speech in support of this measure.
I also welcome my hon. Friend the Member for South Dorset (Lloyd Hatton) to his place. There was a chuckle of recognition around the Chamber when we were taken on a ramble of his constituency, through the geological and the geographical. He mentioned the big-hearted people from his gorgeous part of the world. It was my privilege to open a section of the coastal path there in a previous role. I know that he will continue the work of Margaret Hodge in this place in his role on the Public Accounts Committee, and I am sure that his constituents are delighted to have one of their local sons representing them. I was really pleased to hear about his passion for bringing jobs and growth to his area.
Let me address some of the issues raised. I pay tribute to the hon. Member for Sleaford and North Hykeham (Dr Johnson). As a paediatrician, she is uniquely placed to warn of the dangers of these products. I have not come across a SpongeBob SquarePants vape yet, but who knows what the future holds. I was very distressed to hear of the incident at her local school, where eight children collapsed—I wish those young people and their families well—but it is a striking reminder of the dangers posed particularly by illegal products, as mentioned by the hon. Member for Christchurch (Sir Christopher Chope).
Let me talk a little about recycling and producer responsibility for paying the costs. We know that there is no such place as “away”. These products cannot be put into local rivers; they will always turn up. They will always bleed into the environment, and everything that we do to the environment we eventually do to ourselves. It is important that those responsible for putting vapes on the market are accountable for their disposal. A consultation on reforming the producer responsibility system for waste electricals was held under the previous Government at the end of 2023. We are considering the responses, but we noted near unanimous support for the proposal to create a new category of electrical equipment specifically for vapes in the Waste Electrical and Electronic Equipment Regulations 2013. That would ensure that producers of vapes are properly funding the collection and treatment of those products when they reach the end of their life. We recognise the importance of taking action to ensure that the costs of recycling these products are borne by those who make them, and we will outline our next steps on this in due course.
To answer the question raised by the hon. Member for Epping Forest on monitoring the ban and its impacts, including in devolved Governments, we will monitor the impacts of the ban, and we will share data and intelligence from Border Force, trading standards and all four nations to ensure effective implementation and that these regulations come in at the same time, so that we do not create an unfortunate internal market.
On disposal of existing stock, the six-month period is to help responsible and reputable businesses—when we regulate, we expect businesses to obey the law of the land, and assume that most people will do so. The period will help ensure that businesses do not have masses of stock to dispose of. Unsold stock will become waste electronics and should therefore be disposed of via routes that avoid the black bin.
Vapes present challenges to recycling, so we need to stem the flow by targeting those that are designed to be used only a small number of times. Reusable vapes are part of a wider shift to the circular economy. I have some sympathy with the hon. Member for Christchurch on the issue of reusable, refillable—and reusable and refillable. We are trying our best not to create loopholes for creative businesses to get around. We have seen more reusable products coming on to the market in anticipation of the ban. We will promote the ban to improve awareness both for the public and retailers. We encourage shops to stop purchasing single-use vapes and to run down their current stocks. We are seeing more vape bins in supermarkets, high street retailers and garages following the changes to take-back requirements that were brought in earlier this year. That will support people to dispose of vaping products responsibly, keeping them off the streets and out of the bins.
The regulations will be subject to regular reviews, which are set out in legislation. We will have a review of enforcement and civil sanctions within three years, and a post-implementation review at least every five years. We are currently collecting baseline data on the wholesalers and retailers of single-use vapes in England to support future assessments. The Department of Health and Social Care monitors current rates of smoking and vaping through various surveys, including the periodic “Smoking, Drinking and Drug Use among Young People” survey and the Action on Smoking and Health annual surveys. We will use both to monitor the impacts on people.
On imports, if vapes are discovered at ports then Border Force can retain the products and alert the local authority’s trading standards officers. If there is evidence that greater intervention is needed at the borders, we will not hesitate to act.
Sir Christopher Chope
Does the Minister not share my concern? I understand that only one in 3,000 containers coming into a port like Southampton are inspected. It only needs one container to get through and there might be tens of millions of pounds-worth of vapes in one container.
Mary Creagh
I thank the hon. Gentleman for that intervention. A lot of public services have been run down over the past 14 years. In the Budget, there was an investment of £75 million in border security command to crack down on organised crime. Gangs often operate in multiple sectors of the economy. We need time for this new approach to intelligence gathering and sharing to bed in.
Mary Creagh
Can I make some progress? I am just conscious of time. I am very happy to take interventions towards the end, because I might have answered any questions in advance.
Single-use vapes are one form of illicit vapes. The Government are planning to introduce other pieces of vape legislation under the Tobacco and Vapes Bill, as well as the vaping product duty, as part of a cross-Government approach, so we will look at these things in future and focus on intelligence sharing between Border Force, His Majesty’s Revenue and Customs and trading standards.
Enforcement is critical to effectiveness. We will work closely with the DHSC and the relevant enforcement bodies, but I do take on board what the hon. Member for Christchurch said about size and number of vapes. I picked up an illegal vape on the street outside my home. It was rechargeable but not refillable, and had too many puffs in it to be legal. For those of us who are not vapers, it is a whole world of complexity. I am certainly on a steep learning curve.
The legislation has been drafted to address fears that manufacturers could circumvent the ban, for example by adding a USB port to the end of a single-use device and calling it reusable, but a manufacturer who adheres to these regulations will have produced a reusable vape. That requires batteries that can be recharged, a tank that can be refilled or pods that can be replaced, and a coil—the part of the vape that burns out with use—that can also be replaced. In that respect, we are going further than other countries such as France and Belgium.
My hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) expressed concern about the health impacts. We know that tobacco is a harmful product and is responsible for one in four of all cancer deaths, killing up to two thirds of its long-term users. The Government are creating the first smokefree generation, so that children turning 15 this year, or younger, can never be legally sold tobacco, while not preventing anyone who currently smokes legally from being able to do so. The ban applies not to all vapes, but just to those that harm the environment. There will still be easy-to-use products on the market to help adults stop smoking. The hon. Member for Christchurch mentioned 29% of users reverting to smoking following the ban, but it is incorrect to suggest that it will cause a surge in smoking rates. As stated in the assessment, we expect most single-use vape users to stop smoking or to switch to reusable vapes or non-vape products, including nicotine replacement therapies such as nicotine patches and gum.
The Tobacco and Vapes Bill, recently introduced by the Government, takes strong action to strengthen enforcement on illegal vapes, including new fixed-penalty notices and new licensing and registration powers, which will act as a deterrent and empower trading standards to act more quickly against illegitimate producers and retailers. In the first instance, a £200 fixed penalty notice will be issued, and alongside that a stop notice may be issued ordering the business or individual to cease the illegal activity. If it is not complied with, an individual will be guilty of an offence and liable for an unlimited fine, or imprisonment of up to six months. The Budget provides for a £70 million investment in local authority-led stop smoking services, so I hope that the Swap to Stop scheme will continue to help adult smokers to ditch their cigarettes for a free vape starter kit.
Dr Johnson
The impact assessment has been referred to repeatedly during the debate. I understand that it refers to this piece of legislation only, and not to the wider impact of other measures that the Government have proposed, or that have not completed their parliamentary process. Is that correct? Will an assessment of the effects not need to be done in the round, rather than applying to a specific piece of legislation that is only part of a wider plan to tackle youth vaping?
Mary Creagh
My understanding is that the assessment relates to this piece of legislation—I see my officials nodding vigorously in the Box—but if there are any further questions that the hon. Lady would like to ask me following the debate, I shall be only too happy to respond to her in person.
I hope that I have covered most of the comments and questions from colleagues. We are banning a product that is designed almost as a toy, a pocket-money product at pocket-money prices that is intended to appeal to those under 18. This legislation is needed to stop the continued misuse of critical resources and harm to our environment, as well as to support wider measures across government to tackle the increase in youth vaping, and is widely backed by the vast majority of the public and our stakeholders.
I trust that Members understand and accept the need for the regulations, and I commend them to the House.
Question put and agreed to.
Resolved,
That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.
Business of the House (Today)
Ordered,
That, at this day’s sitting, notwithstanding the provisions of Standing Order No. 16(1) (Proceedings under an Act or on European Union documents), proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Export and Investment Guarantees shall be brought to a conclusion not later than 90 minutes after the commencement of proceedings on the Motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those Motions; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Lucy Powell.)