Environmental Protection (Single-use Vapes) (England) Regulations 2024
(Limited Text - Ministerial Extracts only)
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Baroness Hayman of Ullock
That the Grand Committee do consider the Environmental Protection (Single-use Vapes) (England) Regulations 2024.
Relevant document: 6th Report from the Secondary Legislation Scrutiny Committee (Special attention drawn to the instrument).
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, it is estimated that more than 360 million single-use vapes were placed on the UK market in 2023. These devices are designed to be used a small number of times and are often referred to as disposable. Once used, which may be after a matter of hours, they are commonly thrown away. Research by Material Focus estimates that 5 million single-use vapes are thrown away every week. That is equivalent to eight per second.
They are often littered. They blight our parks, playgrounds and streets, and they introduce plastics, nicotine salts, heavy metals and lithium-ion batteries into the environment, harming biodiversity, soils, and our rivers and streams. Alternatively, they are thrown into black bins where, at best, they end up in landfill or are incinerated—at worst, they cause fires when they are crushed in bin lorries.
Last year, it was estimated that 700 waste fires were caused by batteries hidden in electricals such as vapes. This generates pollution, damages waste infrastructure and risks the safety of waste management workers, firefighters and the public. To give a personal example, a friend of ours has a medium-sized haulage business, and he lost virtually all his lorries last year through a fire caused by single-use vapes, which pretty much destroyed his business. So they can do enormous damage, and it is important that we tackle this problem.
Research by Action on Smoking and Health shows that the rise in single-use vapes has happened concurrently with an increase in young people vaping. Although vapes can play an important role in smoking cessation, adults who do not smoke and children should never vape. We must do what we can to prevent children from being targeted. Without action, it is estimated that, by 2030, the number of single-use vapes placed on the UK market could rise to over 1 billion per year. We must therefore take steps to stop the misuse of resources and protect our environment.
My department is leading a drive towards a circular economy to minimise waste, prioritise circular product design and retain the value of resources for as long as possible. It is estimated that, last year, 40 tonnes of lithium from single-use vapes were thrown away. This is enough lithium to power 5,000 electric vehicles. Single-use items such as these play no role in a circular economy, so we must act now to ban the supply of single-use vapes in England.
Before I turn to details of the legislation, I acknowledge the work of the Secondary Legislation Scrutiny Committee. Its report highlighted several points of interest, particularly the links to youth vaping, which I referred to earlier, and whether we will monitor market developments following the implementation of the ban. We work closely with the Medicines and Healthcare products Regulatory Agency to understand the types of products notified for use, and we will continue to look at this in future.
The committee highlighted correspondence received from Green Alliance, which strongly supports the ban but questioned the timeline for implementation and enforcement. We want to introduce the ban as soon as possible, but we must allow a minimal but reasonable transition to allow businesses time to run down stocks and adapt activities. That is why the ban will come into force on 1 June next year. Effective enforcement is critical, and we will work closely with enforcement agencies to understand how we can best support them.
I turn to the details of the legislation. This ban is introduced through powers in the Environmental Protection Act 1990. Part 1 of the legislation sets out the meaning of a “single-use vape”, which is
“a vape which is not designed or intended to be re-used”
and which includes any vape that is not rechargeable or refillable.
The ban applies to England only, but my officials have worked closely with the devolved Governments, who are bringing in 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 trading standards officers, and the powers in the legislation have been developed in partnership with them. The regulations provide new civil and criminal sanctions and provide powers to test or seize illicit products and issue fines as well as stop or compliance notices. Where a compliance or stop notice is not complied with, a further fine or jail sentence may follow.
Lastly, Part 4 of the legislation covers requirements for guidance, as well as setting out review clauses.
Vapes can play a role in helping adults to quit smoking, but there is no reason for these products to be single use. Given the harm caused, we must take this simple but important step to ban these products.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, the Minister has set out the rationale for the introduction of this SI very clearly.
Single-use vapes are extremely popular among young people. Encouraging young people not to start smoking has to be a key aim of any Government. It is something of a rite of passage to gather with your friends for a chat and a smoke or a vape. Preventing experimentation with cigarettes is the first priority. Then, it is about encouraging young people away from vapes—especially single-use ones—when they may have switched to vaping.
I am grateful to Green Alliance for the briefing that it provided on this subject, and to the Secondary Legislation Scrutiny Committee. Since 2023, 7.7 million single-use vapes have been bought every week—twice the number in 2022. Vapes are easily discarded, causing plastic-containing litter. They also contain other hazardous substances such as nicotine, which has previously been used as a pesticide. The batteries in vapes are a potential fire risk; the Minister gave a good example of that.
Although the lithium contained in the vapes discarded in 2023 would have made 5,000 electric vehicle batteries—the Minister referred to this—recycling them is problematic. Young people and others are not going to take their used vapes to a recycling point. The vapes are going to be discarded where they are, sometimes in a litter bin but often just thrown on the ground. A ban on single-use vapes will ensure that the lithium is put to a better use.
The Government’s recent Budget introduced a vaping products duty, which will be introduced in October 2026 —that is two years away—and is to be £2.20 per 10 millilitres of vaping liquid. This will increase the cost of vapes and will, I hope, discourage their use. Cheap, reusable vapes are as easily discarded as single-use ones, so increasing the cost of reusables must be part of the strategy in moving people away from vaping. The ban on single-use vapes will come into force in June 2025, as the Minister said, which gives enough time for retailers to reduce their stocks and for users to become accustomed to buying reusable vapes.
I fully support this SI but I have a couple of small queries. Paragraph 9.7 of the Explanatory Memorandum talks about the
“impact on the public sector as local authorities are regulators and therefore responsible for enforcement”.
The last sentence of the paragraph reads:
“Funding will be provided to support enforcement”.
That is an encouraging statement. Although it does not say what the funding will be, having a statement that it will be provided in the Explanatory Memorandum is to be welcomed.
I turn now to the SI itself. Regulation 14 states that, at the end of a three-year period, the Secretary of State must conduct a “review of the operation” of the Schedule. As with any change in legislation, a review of how the change has had an impact on those affected by the SI is key to ensuring that changes keep pace with public behaviour.
Paragraph 1(1)(a) in Part 1 of the Schedule indicates that a fixed monetary penalty of £200 will be paid to the regulator for a breach of the regulations. Later on, paragraph 16 in Part 2 of the Schedule, which is headed “Offence”, states:
“Where a person on whom a stop notice is served does not comply with it, the person is guilty of an offence and liable—
(a) on summary conviction, to a fine, or imprisonment for a term not exceeding the general limit in a magistrates’ court, or both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both”.
Imprisonment for 12 months or two years is quite a jump from a £200 fine. It is likely that I have not understood how what seems like an on-the-spot fine of £200 can escalate to imprisonment; I would be grateful if the Minister could help me with this.
Green Alliance has asked three questions. First, given the exponential growth of single-use vapes, can the Government expedite the ban to before 25 June? Also, how do they plan to limit further growth in the use of vapes between now and then?
Lord Roborough (Con)
My Lords, I am grateful to the Minister for her introduction to this instrument. I declare my interest as a user of multiuse vapes for well over 10 years and that I have not smoked for well over 10 years. It is right that the Government are building on our work to deliver regulatory measures that not only restrict the sale of single-use vapes but put in place systems for proper disposal and recycling.
In government, we allocated £3 million of additional funding for trading standards to support the seizure of illegal vapes. This funding was aimed at tackling the importation and sale of non-compliant products. I urge the Government to honour this commitment and ensure that this funding is not only maintained but effectively used to support enforcement operations. Can the Minister give that undertaking today?
This April, my Government created a specialised illicit vaping enforcement team, Operation Joseph. Will the Minister update the Committee on the progress made by that team? I would hope that making the sale of all single-use vapes illegal will make these unregulated vapes easier to identify and control. However, there is a risk that it will drive previously legal users to supply channels that breach the law. What additional steps will the Government take to control this potential black market?
As we regulate single-use vapes, we must also address the growing issue of battery waste. The batteries in these devices, whether single-use or rechargeable, present an environmental hazard if not disposed of properly. Without proper recycling systems in place, these batteries can contaminate the environment with toxic chemicals as well as presenting the dangers the Minister highlighted with her friend’s haulage operation. Many consumers are unaware of the environmental dangers posed by batteries disposed of improperly. Public awareness campaigns are crucial to educate the public about how to dispose of batteries safely and where they can drop them off for recycling. What measures are the Government taking to improve the level of recycling of batteries, particularly those from electric vehicles, whether they be cycles, scooters or cars?
Finaly, I emphasise that our regulatory efforts must not undermine smoking cessation efforts. Vaping has been shown to be a crucial tool for helping people reduce or quit smoking. It is essential that any regulation focuses on eliminating the environmental harm caused by single-use vapes while ensuring that safer alternatives remain available to those who rely on them to quit smoking. I welcome the Minister’s acknowledgement of the relative merits of multiuse vapes as regards smoking in her introductory remarks.
Baroness Hayman of Ullock (Lab)
I thank noble Lords for their contributions to this debate. I shall go through some of the questions, and I thank noble Lords for their support for this ban.
The noble Baroness, Lady Bakewell, asked about the date of 1 June for implementation. We need to act swiftly but we have to be practical, as she said, about how we bring this in and allow businesses sufficient time to run down their stocks and adapt what they are doing. That is why we think that six months is a reasonable transition period. It is also a standard transition period in line with international obligations. But we are not just going to do this and leave it for six months. We will use the lead-in time to put in place guidance for businesses, to ensure that there is support for local authority trading standards officers and to communicate details of the ban among stakeholder networks and the public. The idea is to use that time effectively to ensure that, when the ban comes in, it is adhered to and is as effective as possible.
The noble Baroness also asked about funding for enforcement. While I cannot give a specific figure for funding, enforcement will clearly be critical. There is no point having legislation if you do not have anything to enforce it with. We need to consider enforcement for single-use vapes alongside other types of illicit vape, because there is a black market in other kinds of vape as well. We will look at how we can work closely with the Department of Health and Social Care and other relevant enforcement bodies to understand the best way to make sure that the ban is enforced. That is work we will be doing between now and 1 June.
On enforcement, the noble Lord and, in particular, the noble Baroness asked about the £200 fine up to a prison sentence. It is important to say that imprisonment would apply only in cases of persistent non-compliance. It would be the very top end, if someone is continually refusing to comply after they have broken the law on a number of occasions.
The noble Lord, Lord Roborough, asked about the black market. We are discussing with local authority trading standards how we can best support them on black market issues, particularly around underage and illicit tobacco and vapes. There will also be a focus on intelligence sharing between enforcement agencies such as Border Force, HMRC and trading standards to ensure that agencies understand what they need to do to stop this activity and that they work together and share information.
The noble Lord asked about improving the recycling of batteries. At the moment, we are considering proposals to reform batteries regulations. We want to set out some new steps on how we go forward with this, so we will keep noble Lords informed.
On success in tackling illicit vapes, which the noble Lord asked about, in April 2023 the previous Government announced £3 million of investment over two years to enhance work on illicit vapes enforcement, which was led by National Trading Standards. I am sure he is very aware of that. The current actions and activities include intelligence sharing on illegal products and sales, market surveillance and ports enforcement, because we need to be able to catch them when they come in. There is also Operation Joseph. When we know more detail, we will be happy to share that information with noble Lords.
I think I have probably covered everything. If I have missed anything out, I will get back to noble Lords. I beg to move.