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(2 days, 20 hours ago)
Public Bill CommitteesMay I begin by wishing everyone a happy new year? Will everyone please ensure that all electronic devices are turned off or switched to silent mode? We will now continue line-by-line consideration of the Bill. The grouping and selection list for today’s sittings is available in the room and on the parliamentary website. I remind Members about the rules on declaration of interests, as set out in the code of conduct.
Clause 45
Right to statement of trade union rights
Question proposed, That the clause stand part of the Bill.
Good morning, Mr Mundell. It is a pleasure to see you in the Chair. Happy new year to you and to all members of the Committee. I start by making my customary reference to my declarations in the Register of Members’ Financial Interests.
This, I hope, is a fairly straightforward and uncontroversial clause; it does exactly what it says on the tin. Currently, there is no general requirement for employers to let their staff know of their right to join a trade union. The clause introduces a legal duty for employers to inform all new employees of their right to join a union and to remind all staff of that right at prescribed intervals. Employers must provide this information alongside the written statement of particulars that they are already required to produce under section 1 of the Employment Rights Act 1996. Specific details, including the frequency and manner of notification, will be set out in secondary legislation following consultation.
A lack of awareness of the right to join a trade union may be contributing to declining union membership and reduced worker engagement in collective bargaining. The clause will help empower workers to become active in protecting their rights. This is a step forward in strengthening worker representation and the collective voice in the workplace, ultimately supporting more effective collective bargaining. I therefore commend the clause to the Committee.
It is a pleasure to serve under your chairmanship, Mr Mundell, and I too wish you and all members of the Committee a very happy, prosperous and healthy new year. If only the optimism of that statement were matched by business confidence around the country as we start this new year.
I understand why the Government want to take this measure, and it is pretty clear that it will happen as part of the Bill. As the Minister prepares for the consultation that he spoke about, I ask him to reflect on how quickly we can give businesses certainty on the frequency with which they will have to remind their employees of their right to join a trade union. Of course everyone has a right to join a trade union—there is no issue with that—but this is yet another thing that HR departments of bigger businesses, and individual owners of smaller businesses, who have to do everything from the HR function down to replacing the loo roll in the toilets, will have to remember to do on a regular basis, and presumably they will face consequences if they do not. It might not seem onerous as we talk about it at half-past 9 on a Tuesday morning in Westminster, but once we start ratcheting up all these different things for businesses—particularly those very small businesses—to do, it will become a burden.
The other thing that I gently ask the Minister to consider as part of his consultation is this. Would it not be a fairer, more balanced and better way of doing things to have in the proposed statement, as well as a reminder to employees of their right to join a trade union, a reminder that they do not have to do so—that there is equally a right not to join a trade union if they do not wish to? It would be much more fair and balanced if the consultation focused on ensuring that both sides are equally reflected—yes, a reminder that there is a right to join a trade union, but equally, a reminder that there is no compulsion and no absolute, set-in-stone requirement to do so. If we could have that, the clause would be much more balanced.
It is a pleasure to serve under your chairmanship, Mr Mundell. I wish all colleagues a happy and prosperous new year.
I welcome these proposals. Only this weekend, I was speaking with a constituent in Torbay who told me that the unit he worked in had transferred out of the NHS and been taken over by the private sector. He was gravely concerned about sharp practices that he saw being undertaken by the new employer. My best advice to him was, “Have you engaged with the trade union on site? How can the trade union help you? If I can do anything to assist the trade union, I stand ready to help.”
Trade unions are a force for good in the workplace, and many of the proposals that we will discuss today will put us mid-range in the OECD on trade union rights. Far from the extremism that the Conservatives are painting us into a corner with, these measures will actually put us back on an even keel as a nation in our relations with trade unions, rather than something like third or fourth bottom among OECD countries in the rights that we give unions.
It is a pleasure to serve under your chairmanship, Mr Mundell, and I wish you and other colleagues a happy new year.
I want to follow on from the comments made by the shadow Minister, my hon. Friend the Member for Mid Buckinghamshire, and emphasise that the clause is completely pointless. Of course all workers have the right to join a trade union and the right not to join a trade union. Will the Minister outline the consequences for a small employer of not complying with the clause? Will there be a penalty? Will the employer be taken to a tribunal that can make a protective award? If there will not be a penalty, surely the clause is only performative, and just more evidence that the Government are doing what their trade union masters are telling them to.
Time and again in the Bill, we see measures that are small and inconsequential individually, but in total mount up to £5 billion of additional costs, most of them on small and medium-sized businesses. We see from surveys of business confidence that businesses are reeling under the imposition of additional taxes and of these rights, and the Government’s business-unfriendly stance. While the Minister talks about growth, the actions of his Government point to the very opposite. They believe that somehow they can regulate their way to growth. We start this new year with more regulation from the Government, none of which will contribute to the wealth and prosperity of our citizens.
There was a mix of responses there. We heard from the hon. Member for Torbay that the Liberal Democrats welcome the clause, I think the shadow Minister was generally supportive, albeit not explicitly, and then the hon. Member for Bridgwater was fairly critical. I will address the points made by all three individuals.
The shadow Minister made a fair point that the frequency with which employees will have to be notified is important. That will be determined by the responses that we get to the consultation. Clearly, we do not want to make this measure too onerous, but we believe that it is important as a matter of principle that employees are aware of their right to join a trade union, for all the reasons that have been amply set out over many months and years.
On making it clear within a notification that the employee is not obliged to join a trade union, I am sure the shadow Minister is aware that the closed shop principle was abolished quite some time ago—possibly not even in his lifetime. [Interruption.] Well, possibly not; perhaps his rest over the Christmas period has made him look more youthful than he is. The precise wording of the notification will be set out in secondary legislation. I am sure it will not be worded in a way that indicates that there is a compulsion on individuals to join a trade union, but it is important that people know of the right.
In reference to the comments from the Liberal Democrat spokesperson, the hon. Member for Torbay, I too have had many conversations with constituents who have notified me of issues with their workplace. I hope most Members respond with the question, “What has your trade union said about this?” When I ask that, quite often I get the response, “My employer doesn’t allow us to join a trade union.” That response is far too common for my liking. Evidence has been submitted to the Committee, particularly by the Union of Shop, Distributive and Allied Workers, about the lack of awareness of employees’ right to join a trade union. In a free society, we should be ensuring that people are aware of their rights.
On the points made by the hon. Member for Bridgwater, the consequences for not notifying an individual of this right will be the same as they currently are for failure to provide a statement of terms and conditions under section 38 of the Employment Act 2002. It is not a free- standing claim on its own; it can be put on top of another employment tribunal claim, and the penalty can be between two and four weeks’ pay.
On the administrative burden, there is already prescribed in legislation a long list of matters about which the employer must notify the employee when they join in a statement of terms and conditions. Really, we are just adding this to that list. We think this is an important measure.
I think this comes together with day one employment rights. Take the example of a very small businessman or woman who takes someone on with no written contract, and within a week or two the employment does not work out and the employee is fired. They might be within a—what is the word for the period of time in the first few weeks of employment?
Probation period—thank you. It is early in the new year, Mr Mundell. That member of staff might be within their probation period, but if that is not specified in a written contract, that dismissal would be procedurally unfair, according to the Bill. If that same small businessman or woman has not notified the employee of their right to join a trade union, the Minister seems to be saying that the employee will get a protective award of another two to four weeks’ salary on top of that. Can he not see that for microbusinesses, the array of sanctions becomes threatening—many weeks’ wages, for a very short contract that did not work out—and that he threatens to make it very difficult and onerous for them to take on new employees?
I understand the point the hon. Member makes. I do not think it is helpful to get into hypotheticals about what might or might not happen under the statutory probation system, given that we have not really fleshed out the details. That will happen in due course, but it is already the law that statements of terms and conditions are required to be presented to employees, I think within the first month. There is not an additional burden of extra paperwork that has to be delivered; this is already built into the system, in terms of ensuring that employees receive their statement of terms and conditions when they start employment.
On that note, I commend the clause to the Committee.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Clause 46
Right of trade unions to access workplaces
I beg to move amendment 72, in clause 46, page 50, line 30, leave out “listed” and insert “qualifying”.
This amendment and other amendments to this clause would require a trade union to have a certificate of independence in order to have the rights provided for in the clause.
With this it will be convenient to consider Government amendments 73 and 75 to 79.
The clause makes provision for trade unions and employers to negotiate access agreements, under which employers will be required to permit trade union officials to enter workplaces for various purposes, such as recruitment, organising, and meeting and providing support to existing members. This is particularly significant for unrecognised unions. Access to a workplace can provide an opportunity to recruit and organise with the aim of gaining formal recognition.
The Bill currently provides that any listed trade unions can apply for access to a workplace. Under the current definition, it is possible that employers could use staff associations and non-independent bodies to frustrate independent trade unions’ access to the workplace. Therefore, proposed amendments 72, 73 and 75 to 79 require trade unions to have a certificate of independence issued by the Certification Officer to qualify for access.
The amendments will ensure that clause 46 is used as intended. The clause will ensure that independent unions can initiate and agree access agreements with an employer, while not affecting the existing ability of non-independent bodies to negotiate voluntary access agreements. Amendment 73 inserts the defined term “qualifying trade union” and defines it as a union that has a certificate of independence issued by the Certification Officer. That will apply to proposed new chapter 5ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 only, and amendments 72 and 75 to 79 update other provisions that refer to “listed” trade unions accordingly.
As the Minister clearly outlined, the requirement for a trade union to have a certificate of independence to have the rights provided for in clause 46 is a tidying up of the Bill. The Opposition are not entirely on board with the spirit of the Bill in this regard, but we welcome its being tidied up and the clarity that the amendments bring to what the Government are trying to do to prevent even more of a free-for-all in terms of access to workplaces.
I have said many times that it is a shame and regrettable that so many of these tidying-up amendments have had to be tabled. Welcome though they are in bringing certainty to businesses about the Bill’s core provisions, if we had not had that arbitrary 100-day deadline, we probably would not be spending our time going through these sorts of amendments, and could instead be debating much more of the substance of the Bill. As I say, the Opposition are not convinced about some of the core provisions of the Bill, but these particular amendments do at least tidy it up to some extent.
I welcome the amendments. Driving our economy to achieve the productivity that we need must be a mission for all of us in this House. The culture in our businesses is really important, and I think the amendments will drive a positive working relationship between workers and bosses, so that we can see productivity enhanced across the United Kingdom.
Just that I welcome the support from the shadow Minister, albeit for the wording rather than the spirit of the amendment.
Amendment 72 agreed to.
Amendment made: 73, in clause 46, page 51, leave out lines 1 and 2 and insert—
“(3) A ‘qualifying trade union’ is a trade union that has a certificate of independence.”—(Justin Madders.)
See the explanatory statement to amendment 72.
I beg to move amendment 74, in clause 46, page 51, line 4, at end insert—
“(4A) ‘Workplace’ does not include any part of a workplace used as a dwelling.”.
This amendment would ensure that the right of access does not include access to dwellings.
This important amendment adds some clarity about the right of access to a workplace, providing an exemption so that the right of physical access does not apply to private dwellings such as the private homes of workers who are working either fully from their home or in a hybrid manner between their workplace and their home. Most exemptions will be provided for and set out in detail in secondary legislation, but we think it is important to set out this principle in the Bill.
We will provide in secondary legislation and guidance more detail on how complex physical access cases, such as care homes, where premises are a mix of residential and a workplace, will be negotiated. To protect the privacy of people living in the premises, that could, for example, set out the terms that it is reasonable for the trade union to comply with when exercising access, for example limiting access to parts of the premises that are used by workers only, and specifying that unions should take a specific route to the particular room where access activities are due to take place. That sort of detail will be set out in secondary legislation following consultation.
As the Minister says, the amendment ensures that the right of unions to access workplaces does not extend to dwellings. Of course the Opposition welcome that the Government have acknowledged that trade unions should not be able to access private dwellings. The fact that the Bill was introduced in such a manner that would have permitted trade unions to do so begs a number of worrying questions about the speed with which the Bill was drafted. The fact that we are debating whether a trade union should have access to someone’s private dwelling is deeply regrettable. I would have hoped that the Government, from first principles, would acknowledge that it was never an acceptable outcome for anyone to have their own home invaded by a trade union or otherwise.
The way people set up their homeworking arrangements within their own dwelling is very much a matter for them. Balancing what they do in their own home with their family life and perhaps their children’s needs or the needs of someone they are caring for, and the way they structure that should, of course, remain entirely private. This is just another example of the damage that can inadvertently be done when legislation that is not ready is introduced to this House. It makes us question what other mistakes, if I may call them that, are lurking in the Bill that are still yet to be spotted by the Bill Committee.
Ah, the first intervention of the new year! How could I say no to the hon. Member for Birmingham Northfield?
What a dubious honour, but happy new year to everyone in the Committee. Will the shadow Minister acknowledge that there is a body of legislation on trade union right of access in comparable jurisdictions, particularly Australia, which goes back many decades and does not contain such provision? There have been mischief-making campaigns and wild warnings of trade unionists suddenly appearing at the foot of somebody’s bed to carry out a health and safety inspection. All that is being done here is that a step is being taken that has not been taken anywhere else in the world, to my knowledge, to make it clear that this set of circumstances, which exists only in theory, not in practice, will never actually arise.
I am grateful to the hon. Gentleman for his intervention. I understand his fundamental point, but before the Government tabled the amendment a feasible interpretation of the rules would have allowed access to a private dwelling. We can all stand or sit here in Committee Room 10 of the House of Commons and think how preposterous that would be and how that it never actually happen, but there are plenty of examples in history where the preposterous has come to be—where someone’s interpretation of legislation or rules or regulations or whatever it may be has brought about perverse outcomes.
We would have been in a much more satisfactory position had the Government, from first principles and at the very start, laid out in the Bill that someone’s private dwelling is just that: private. Although there has been an explosion in working from home and a fundamental shift, particularly in the post-pandemic world, of people actively choosing to work from home, either all the time where they can, or in a hybrid arrangement where they work from home for a couple of days a week and in the office, factory, warehouse or wherever it might be for the other days, it should be an enshrined principle in this country—the free society the Minister spoke of—that a private dwelling should from absolute, unquestionable first principle remain private, and not be an area to which a trade union or otherwise can freely demand access. It is important that private dwellings remain accessible only by warrant, which has to be granted by a magistrate, for clear purposes, such as where criminality or some such activity is suspected.
The Opposition welcome the core text of the amendment, but we want it firmly on the record that such an amendment should never have been required in the first place.
I feel that we are going to have a few of these conversations again this year. Heaven forbid the previous Government ever amended anything in Committee! We knew the Bill was issued at a challenging pace and that it was large, so there were always going to be elements that needed clarification at this stage. It is right to do that now before it becomes law and well in advance of any practical application. Like amendment 72, this amendment is an example of us responding to concerns raised when the Bill was published. It is probably fair to say that no one actually envisaged trade unions marching into people’s homes, so it was not something we thought it necessary to spell out in the Bill, but that concern has been raised in feedback, and we are able to provide clarification and reassurance. I therefore commend the amendment to the Committee.
Amendment 74 agreed to.
Amendments made: 75, in clause 46, page 51, line 18, leave out “listed” and insert “qualifying”.
See the explanatory statement to amendment 72.
Amendment 76, in clause 46, page 52, line 13, leave out “listed” and insert “qualifying”.
See the explanatory statement to amendment 72.
Amendment 77, in clause 46, page 52, line 26, leave out “listed” and insert “qualifying”.
See the explanatory statement to amendment 72.
Amendment 78, in clause 46, page 53, line 36, leave out “listed” and insert “qualifying”.
See the explanatory statement to amendment 72.
Amendment 79, in clause 46, page 53, line 40, leave out “listed” and insert “qualifying”.—(Justin Madders.)
See the explanatory statement to amendment 72.
I beg to move amendment 80, in clause 46, page 54, line 11, leave out from “circumstances” to “a determination” in line 13 and insert—
“in which it is to be regarded as reasonable for the Central Arbitration Committee to make”.
This amendment would clarify that, if circumstances are specified under subsection (4)(a), the effect of specifying those circumstances is that it is to be regarded as reasonable for the CAC to make a determination that officials of a union are not to have access (but without requiring the CAC to make such a determination).
Proposed new section 70ZF(4)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 allows the Secretary of State to prescribe circumstances in which it would be reasonable for the Central Arbitration Committee to determine that a trade union is not to have access to a workplace. Amendment 80 is a minor technical amendment to clarify that, if circumstances are specified under proposed new section 70ZF(4)(a) of the Act, the effect of specifying those circumstances is that it is reasonable to make a determination that officials of a union are not to have access, but it does not require the CAC to make such a determination.
Amendment 81 allows the Secretary of State to prescribe in secondary legislation the matters to which the CAC must have regard when determining whether access is to be granted to a trade union. As an example, that would usefully allow the Secretary of State to prescribe that the CAC must, when making determinations about access, have regard to the presence of a trade union with existing access to the workplace to which another union is seeking access. In that scenario, the amendment provides reassurances that an access request will not be rejected by default if there is an existing arrangement with another trade union. The Government have consulted on the exact details of what the CAC is required to consider when making determinations about access, and secondary legislation will follow Royal Assent to the Bill. With that in mind, I commend the amendments to the Committee.
As the Minister said, Government amendment 80 clarifies that if circumstances are specified under new section 70ZF(4)(a), the effect of specifying those circumstances is that it is to be regarded as reasonable of the CAC to make a determination that officials of a union are not to have access, but does not require the CAC to make such a determination. Government amendment 81 would allow the Secretary of State to prescribe matters to which the CAC must have regard when considering an application for a determination about access. Therefore, these amendments set out that if the Secretary of State has specified circumstances in which it would be reasonable to decline union access to a workplace, the CAC must accept those circumstances.
That is all well and good, but the access principles, as they are set out, are incredibly broad and make it very difficult for an employer to refuse access. For example, subsection (2)(a) of new section 70ZF specifies that
“officials of a listed trade union should be able to access a workplace for any of the access purposes in any manner that does not unreasonably interfere with the employer’s business”.
That accepts that access can and should be allowed to cause interference, but what would count as unreasonable interference? Can the Minister give any concrete examples? How will businesses know what they are or are not expected to put up with in terms of inconvenience and disruption to their operations? This all seems to be still particularly woolly and ill-defined. It will cause a lot of headaches and a lot of businesses to scratch their heads to work out what they have to put up with, bear the burden of, or lose profit to in order to enable some of the access that the Bill determines will take place.
The circumstances in which it would be reasonable for officials of a union not to have access will be specified in future regulations, but this is an area where it is incumbent on the Government to be very clear—indeed, crystal clear—about where the Minister or the Department feels these regulations should sit, or the operating window in which they should sit, moving away from woolly language and into real practical detail to allow businesses to begin to prepare. Can the Minister give any examples of matters that might be specified by the Secretary of State to set some constraints on the access principles envisaged by the amendments? I know he will say that he wishes to consult, which is all very well and good, but as I said a moment ago, this is an area where I do not think businesses will simply accept the offer of future consultation; they will instead want an operating window with practical examples and very clear language about what the amendments envisage will happen in the future. It is just not good enough for us to be left in this position of trying to second-guess and wonder what things will be like when the consultation finally happens.
I will be concise and echo the shadow Minister’s call for clarity.
I acknowledge the points made by the shadow Minister, but of course, as he has already anticipated, my response is that all of that will be determined in secondary legislation following a consultation. That is the right approach. The sort of detailed questions he is rightly posing are best dealt with in secondary legislation and probably in codes of practice as well. That is the kind of detail that would not normally find its way into a Bill. Of course, for me to prejudge any consultation on the circumstances in which it may or may not be appropriate for unions to gain access would of course, be to predetermine the outcome of the consultation.
I understand the importance of not predetermining a consultation, but will the Minister not accept that, by definition, the Government have to consult on something? There must be a broad range of circumstances around access being permitted or not that the Government intend to consult on. I believe it is reasonable to ask the Minister to provide some practical examples of the range of options on which the Government intend to consult, so that businesses out there, as they watch this blank cheque of a Bill being signed prior to the secondary legislation coming about at an indeterminable future date, will know what that range is.
The shadow Minister tempts me to set out the kind of detail that I really cannot supply at this stage. Clearly, a consultation document will ask a series of fairly broad questions. Given that we will deal with pretty much every workplace in the country, the consultation will cover a range of different set-ups, businesses, places of work and working arrangements. The question at the start will necessarily be fairly broad, so we can understand the kinds of effects on their ability to carry on their business that firms are concerned about.
Equally, we want to hear from trade unions about their experiences of where they feel that they have unreasonably been refused access or perceived that that might be a risk. The shadow Minister is trying to get me to draw up a consultation document in the Bill Committee, but I am afraid I will have to decline to do so. Clearly, we will come back to this and talk about it in further detail at a later date.
Amendment 80 agreed to.
Amendment made: 81, in clause 46, page 54, line 27, at end insert—
“(6) The Secretary of State may prescribe matters to which the Central Arbitration Committee must have regard in considering an application for a determination under section 70ZE.”—(Justin Madders.)
This amendment would allow the Secretary of State to prescribe matters to which the CAC must have regard in considering an application for a determination about access.
I beg to move amendment 82, in clause 46, page 57, line 37, at end insert—
“(c) dismiss the appeal.”
This amendment would clarify that the Employment Appeal Tribunal may dismiss an appeal under new section 70ZK(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The amendment is straightforward, providing clarity that an Employment Appeal Tribunal can dismiss an appeal under the new section 70ZK(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. It is a fairly straightforward and self-explanatory amendment.
As the Minister said, the amendment clarifies that the Employment Appeal Tribunal may dismiss an appeal under new section 70ZK(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. Of course the Opposition agree that this amendment should be accepted and put into the Bill, but it beggars belief that the amendment was necessary in the first place. Of course the Employment Appeal Tribunal should be allowed to dismiss an appeal if it finds that to be necessary, but how on earth was a Bill put before this House of Commons—this Parliament—that only envisaged that the tribunal might quash the order or make an order requiring the person to pay a reduced amount to the CAC? How was this Bill introduced in a form in which the dismissal of an appeal was not even an option?
It is extraordinary that a Bill could have been allowed through the write-around process—the various processes that Government have—without this anomaly being spotted and rectified before the Bill was presented and had its Second Reading debate. I gently ask the Minister to reflect on that and go back through the Bill’s provisions to double-check for any other glaring omissions, which I am sure he never wished to see in the first place and is now correcting by the amendment in his name. Could he ensure that the Bill contains no more of these, frankly, howling errors that could cause so much damage?
Bill Committees are here to check for snags in the final construction of legislation. I am pleased that this snag has been picked up and will be sorted out by this amendment.
I am not sure that the shadow Minister wants me to check everything again, because it might lead to further amendments and we may have this debate repeatedly. I would gently push back on the suggestion that this is a “howling error”, as he described it. Of course, the Employment Appeal Tribunal already has the jurisdiction of the CAC to hear appeals. It is probably more a case of making sure it is clear that that applies to this particular provision rather than its being an oversight in the first place.
Amendment 82 agreed to.
Question proposed, That the clause, as amended, stand part of the Bill.
Clause 46 formally provides trade unions with the right of access to workplaces where an access agreement is reached between a trade union and an employer following negotiation. This will make it easier for union representatives to recruit and organise and potentially secure a collective bargaining agreement with an employer. It will not impact existing voluntary access agreements between a union and an employer. For unrecognised unions, access to a workplace is an opportunity to recruit and organise with the aim of gaining formal recognition.
In this framework a union can provide an employer with a request for access, to which the employer can either agree or object within a set timeframe. If both parties agree on the access terms, the Central Arbitration Committee is notified to record the agreement and proceed. In the instance that a union and employer cannot agree on access terms, the CAC can impose an agreement. The decision will be guided by prescribed terms which will be set out in secondary legislation. The CAC will have some discretion when making a determination on whether access should occur, and the decision will be subject to principles set out in the Bill that consider both union and employer interests.
The clause also establishes an enforcement mechanism whereby complaints of breaches of an access agreement can be raised with the CAC. The CAC can then vary the agreement, make a declaration that the complaint is well-founded or not, and issue an order requiring specified steps to be taken to ensure that the agreement is complied with. We recently consulted on some specifics of the enforcement mechanism, which various unions and employers contributed to and which we are now carefully considering. Regulations relating to a union’s right of access, such as notice periods for employers and the terms of reasonable access, will be prescribed in secondary legislation after consultation.
Amendments 72, 73 and 75 to 79 require trade unions applying for access to be certified as independent instead of being only listed as a trade union. This will help independent unions initiate and agree access agreements with an employer. Non-independent bodies’ existing ability to negotiate voluntary access agreements will remain unaffected. Amendment 81 will amend this clause to allow for the Secretary of State to set specific matters that the CAC must consider and have regard to. Amendment 74 will ensure that private dwellings are exempt, as we have discussed. Through the provision of a formal right of access, the Government are delivering on our commitment to modernise outdated and ad hoc access arrangements and align them with the 21st century. I commend clause 46 to the Committee.
We have covered the bulk of the commentary that the Opposition want to make in the debate that we have had on the amendments. All I will say on clause 46 is that there is still so much left for secondary legislation, and I do not think businesses can have any certainty as to what is truly coming down the line until there have been the consultations we have spoken about and the secondary legislation has been laid, debated and, let’s face it, probably passed given the parliamentary arithmetic we have at the moment. While clause 46 as amended is better than what was first presented to the House, there are still many open-ended questions that businesses and trade unions alike will want to know the answers to. I urge the Minister to ensure that his Department moves at pace to get those consultations out there, so that he and the Department can hear from real businesses, trade unions and workers when it comes to the provisions that they are proposing. Then the questions of uncertainty can be ironed out as quickly as possible and nobody is left in the position of not knowing where this is going.
The shadow Minister is of course right—we do need to get this right and engage with businesses and trade unions about the detail. That is what we intend to do.
Question put and agreed to.
Clause 46, as amended, accordingly ordered to stand part of the Bill.
Clause 47
Conditions for trade union recognition
Question proposed, That the clause stand part of the Bill.
The clause makes amendments to the statutory trade unions recognition process, which is administered by the Central Arbitration Committee. Hon. Members will possibly not all be aware of the current statutory recognition process, so I will just take a moment to detail that. Where an employer refuses to recognise a trade union voluntarily, that union can apply to the CAC to obtain statutory union recognition. On application, unions have to show the CAC that, first, they have 10% membership of the proposed bargaining unit and secondly, that they are likely to have a majority in the subsequent trade union ballot. Where the majority of workers in the bargaining unit are members of the unions, the CAC can decide to automatically recognise the union without holding a recognition ballot. However, the CAC must still hold a ballot if it receives credible evidence from a significant number of union members that they do not want the union to conduct collective bargaining on their behalf, or membership evidence is produced that leads the CAC to doubt whether a significant number of union members want recognition, or if the CAC believes that holding a ballot would help further industrial relations. For the union to win, it must then obtain a majority in a recognition ballot and also in that ballot, at least 40% of the workforce in the proposed bargaining unit must support union recognition.
We are committed to strengthening collective bargaining rights and trade union recognition. We believe that strong trade unions are essential for tackling insecurity, inequality, discrimination, enforcement and low pay. Our view is that the existing legal framework needs to be simplified so that workers have a more meaningful right to organise through their trade unions. To achieve that, the clause therefore removes the current requirement for a union to have at least 40% of the workforce in the proposed bargaining unit supporting union recognition. In future, unions will only need a simple majority in a recognition ballot to win.
The current requirement for a union to demonstrate, at the application stage, that it is likely that there will be a majority for the recognition process is a significant hurdle in modern workplaces, which are increasingly fragmented. That is why the clause deletes the requirement for a union to demonstrate on application to the CAC that they are likely to win a future recognition ballot. Now unions will only need to show that they have 10% membership of the proposed bargaining unit for their application form recognition to be accepted by the CAC. We are also considering whether the current 10% membership requirement upon application should be lowered in future. The clause therefore provides a power to enable the Secretary of State to make affirmative regulations, which we will of course consult on, to amend the 10% membership requirement in future within parameters of 2% to 10% as set out in subsection (10) of the clause.
I am grateful to the Minister for his detailed explanation. I will focus my remarks predominantly around the proposed new range of 2% to 10%. I would think, to most reasonable people, 10% is already a relatively low number: 10% is, generally speaking and in most walks of life, not a difficult proportion for anybody to reach if they truly believe that right is on their side, and they have wider support, with wider mandates to get on and negotiate within those bargaining units, to deliver a better outcome. I would argue that any union that cannot be kept to 10% really is not clearing the first hurdle and is certainly not passing “Go” or collecting the metaphorical £200. I question why it is in any way, shape or form necessary to lower that.
Will the shadow Minister give way?
One moment and I will, of course, give way to the hon. Gentleman.
If unions cannot reach 10%, what is the rationale for saying, “Oh well, we’ll just lower it to 2%”? Surely, if the union cannot get to 10%, they are on a pretty sticky wicket and in a situation that one might describe as a wing and a prayer in the first place, so lowering it to 2% is exposing them further.
I draw attention to my declaration in the Register of Members’ Financial Interests, in particular my membership of the GMB and USDAW.
The shadow Minister is painting a very rosy picture of reasonableness and neutrality, of businesses that sit by and allow these things to happen, and of unions that can wander around and have a nice chat and recruit people. Does he accept that the reality in the world of work is actually one of hostility, of difficulty, and the types of measures that this Bill is trying to address so as to restore the situation to an even keel?
The reality out there is hostility to recognition and trade union membership. Therefore, 10% has proven to be a high and often insurmountable barrier, and not actually reflective of the will of workers, rather than when a proper choice, in reasonable and neutral conditions, is put to them. The threshold should actually be lower, to allow the process to take place and for it not to become a tool for erecting barriers to trade union recognition.
I understand the point that the hon. Gentleman makes and I appreciate his contribution, through that intervention, to this debate. Where I would gently push back is that there are many provisions in the Bill around allowing union access for recruitment, for example, or other things we have spoken about this morning, such as the regular reminders of the right to join—or not—a trade union. Therefore, my central argument is that to most reasonable people, 10% is still a very low bar—it is not a high proportion of anything. So, if the other provisions in the Bill still cannot allow the trade unions to have reached that very modest 10% threshold, something really isn’t working.
Whether you are a passionate trade unionist or not, it must be accepted, from the perspective of how the clause sits as part of the package of provisions in the Bill, that something much more fundamental and problematic is happening for unions to be unable to reach that 10% threshold. I do not accept the hon. Gentleman’s point that there is universal hostility. I accept that in some workplaces there is hostility; that is unquestionable and clearly something that does happen. However, I can equally think of many examples where the relationship between management and trade union may be—to put it politely—difficult, where it is still one of good will and a wish to engage, negotiate and try to come to an arrangement that works for everyone, rather than the absolute hostility that the hon. Gentleman described.
I thank the shadow Minister for giving way again, because I would not want my words to be misrepresented. In no way was I suggesting that there is universal hostility; I was just talking about the reality on the ground and the way that recognition procedures are often used. Let us bear in mind that voluntary recognition agreements are a thing, so these procedures tend to be used where there is hostility. There is not universal hostility in the workplace. In fact, I worked in a union that had the largest private sector partnership agreement with a large private sector employer, and it was harmonious and beneficial for all involved, so I would not want my words to be taken out of context or misrepresented.
I do not wish to misrepresent the hon. Gentleman in any way, shape or form, but I return to my central argument. Although I entirely accept what he says—that there are examples of hostility—and I understand why the Government wish to take measures to overrule them, it is impossible to view clause 47 in isolation. It must be looked at as part of the package of measures in the Bill. If, having become law, they still fail at some future point to counteract the problems that he talks about, there is something much more fundamentally problematic occurring, which the clause alone would not solve. I therefore ask the Minister to reflect on how he envisages the other provisions impacting the need for the clause to be implemented in the first place, particularly if an already low threshold of 10% has the potential, under the Secretary of State’s direction, to become even more absurdly low by the test of reasonability and go down to 2%.
If Members were to go to the average high street to do one of those dreaded media-style vox pops and ask, “Is 2% a reasonable threshold to allow in any of these circumstances?” I think the general answer would be that 2% is absurdly low, and that 10% is already low enough. The test of public opinion is important. I dare say that many more consultations are to come, and it is important that they tease out what is reasonable and what is not.
To me, the clause is all about resetting the culture within our employment world, and I welcome the proposals within it. It is about driving the partnership approach that we should have in the workplace. The more we can achieve that, the better for our economy.
In an earlier intervention, I failed to draw the Committee’s attention to my declaration in the Register of Members’ Financial Interests: I am a member of the GMB and Unite trade unions. There has clearly been some learning loss over the Christmas period.
I rise to make a couple of brief points. The shadow Minister said that 10% was not a high threshold. In one sitting before Christmas he encouraged us to listen to Tony Blair, the former Prime Minister; the debates that accompanied the Employment Relations Act 1999 make it very clear that 10% was put forward at that time precisely because it was a high bar for trade unions to meet. It has now been tested by time, and it is the case that for some high-turnover employers the 10% threshold is hard to meet in practice.
I take the point that there might be different views about whether employers’ approaches to trade unions tend to be genial and welcoming or hostile. As former trade union officials, we have had exposure to some of the most hostile employers. There is scope, where there is a limited number of employees who are known to the employer as individuals, to try to whittle down trade union membership to below the 10% threshold. I would also say that 2% is the threshold for the information consultation regulations, which I believe were introduced by the previous Government, so there is some precedent for that lower number.
Let me get to the heart of why we put forward this proposal. The introduction of a statutory recognition regime was an important step forward—we talked before Christmas about some of the historical injustices that gave rise to the regime as it exists today—but there are flaws within it and, where there are flaws, they must be remedied. I draw particular attention to the case of the Amazon Coventry warehouse site, where the GMB union fought a particularly difficult recognition campaign. Having successfully applied for the recognition campaign to start, it suddenly found that the bargaining unit was flooded with a number of new starters, who were very hard to reach in that recognition campaign. Some of that would be covered by the Bill as it stands.
On a related point, the code of practice on access and unfair practices in relation to recognition disputes at the moment does not apply from day one of an application, and I think it is important that that should be changed. This clause clearly contains important changes, however, that respond to some of the adverse and unfair practices that can occur during a recognition dispute. Some Committee members might want the clause to go further in some areas, but as it stands, it should be very strongly welcomed.
It is a pleasure to serve under your chairmanship, Mr Mundell. I refer to my entry in the Register of Members’ Financial Interests and to my membership of Unison and the Writers’ Guild of Great Britain.
I am pleased that the Bill will take significant steps to simplify the union recognition process by removing unnecessary barriers that unions currently face. As my hon. Friend the Member for Birmingham Northfield mentioned, recent events at Amazon’s Coventry distribution site, where the unionisation effort was defeated by 28 votes, serve as a reminder of the challenges that workers encounter.
I particularly welcome the flexibility in the Bill to lower the membership threshold required to begin the recognition process from the current 10% to potentially as low as 2%. That will give workers the opportunity to organise effectively from the outset. Ensuring that unions need only a simple majority in favour of recognition will mean that the will of the workers is fairly and clearly reflected without being stifled by unnecessary procedural hurdles.
We have had a good debate. The main focus of the shadow Minister’s questioning was the 2% issue. The first thing to say is that, as it stands, the 10% figure will remain. We are simply giving ourselves the power to reduce it to 2% following consultation, although as various Committee members have powerfully set out, including my hon. Friends the Members for Worsley and Eccles and for Birmingham Northfield, there is a strong case for it to be reduced from the current 10%. As my hon. Friend the Member for Birmingham Northfield pointed out, the previous Government set a precedent in this area with the reduction to 2% in the Employment Rights (Miscellaneous Amendments) Regulations 2019, which were introduced not long ago.
The shadow Minister must understand that these measures are about the very worst employers that are actively hostile to trade unions. Most employers recognise the value of a trade union and, as my hon. Friend the Member for Worsley and Eccles pointed out, enter into voluntary arrangements, but there are examples, such as the GMB-Amazon dispute, of unwillingness to engage. I remember the example of an employer not far from where I live who sacked all the people who joined the trade union. It will not surprise the shadow Minister that no one wanted to join a trade union after that. That is a clear example of why, in the most extreme situations with hostile employers, it is difficult to increase trade union membership. Of course, we also now have workplaces that are much more fragmented, because there is more homeworking and hybrid working, and people are often out in the field.
I beg to move amendment 126, in clause 48, page 61, line 20, at end insert—
“4A In subsection (1) of section 82 (Rules as to political fund), after paragraph (d) insert—
‘(e) that trade union members who have not opted out of the political fund must signal, in writing, their agreement to continue contributing to the fund at the end of a period of 12 months after last opting into the fund, and
(f) that trade union members must be given an annual notice about their right to opt out of the political fund’
(1B) A notice under subsection (1)(f) must include a form that enables the member to opt out of the fund.”
This amendment would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in to the political fund from their members.
I rise to speak to amendment 126 standing in my name and those of my hon. Friends on the Committee. The amendment would require trade unions to notify their members every year of their right to opt out of the political fund and to obtain an annual opt-in to the political fund from their members.
It is as clear as day that Conservatives believe that it is important for people to have control over the money that they earn, which is why, as part of the Trade Union Act 2016, the Conservative Government made it unlawful to require a member of a trade union to contribute to the political fund if the member had not given that union notice of their willingness to opt in to the fund. The Bill aims to reverse that simple proposition, so that a member of a trade union is a contributor to the political fund of the union unless they have given an opt-out notice to the trade union. It seems that the sentiment underlying this change is that trade unions have more right to their members’ wages than their members do. Otherwise, why would this Labour Government seek to reverse that position?
Our amendment comes in two parts, of which the second part concerns the opt-out process contained in the Bill. It is not clear in the Bill whether there is any requirement for trade unions to remind their members of their right to opt out of the political fund. We think it only reasonable that they should have to do so annually, and that they should provide the necessary paperwork with the opt-out notice, so that those who wish to opt out can do so as easily as possible.
Polling published only this week shows that it has taken just six months—far less than the annual requirement that we are proposing—for a quarter of people who voted Labour last July to regret doing so. That might reflect the number of union members who previously opted in to a political fund but, within a period of months or perhaps a whole calendar year, having seen where their money has been spent and the causes that it has supported, regret having donated to that political fund through their union membership and no longer wish to do so.
I am sure that in the hustle and bustle of our busy daily lives, we have all had the experience of forgetting to cancel that direct debit or unsubscribe from a list or a newspaper—whatever it might be. We need to make that process as easy as possible. Just as companies that are about to increase a subscription on something or change the terms and conditions of a mobile phone contract, for example, are required to inform the customer of those changes in a timely manner, unions should be required to give their members not only a detailed reminder that they have the right to opt out of the political fund, but a clear instructional path through which it is as easy as possible to do so.
I do not see how the Government can object to our simple proposition that union members should be reminded annually of their right to opt out. Should the Minister or any Government Members disagree, I invite them to inform the House whether there will be any requirement on trade unions to remind their members, even in the most vague terms, that they can opt out. If so, how often will they have to remind their members of that right? If there is no requirement for trade unions to remind their members of that, or the Government are not interested in accepting the Opposition’s amendment, it seems to me that the legislation creates a subscription trap—to put it in any other terms would not do it justice.
We Conservatives feel strongly about this issue. In the last Parliament, we passed the Digital Markets, Competition and Consumers Act 2024, which contained two significant and notable proposals on subscription contracts that are directly transferable to the principles of the amendment. First, it contained proposals on reminder notices, which mean that businesses need to provide notices to consumers to remind them that their subscription contract will renew and that their payment will be due unless they cancel. Secondly, it set a precedent to allow consumers to exit a subscription contract in a straightforward, cost-effective and timely way, with proposals that mean that businesses need to ensure that the process for terminating is not unduly onerous and that consumers can signal their intent to end the contract through a single—that is the important part here—communication.
During the passage of that Act, which set the precedent for much of amendment 126, the Labour party, then in opposition, supported those aims—in fact, the Bill did not go far enough for Labour. On Report, the then shadow Minister tabled new clause 29, on which the Labour party divided the House in order to support. It now seems to be arguing the other way on those very principles that apply to consumers, and to all our constituents, when it comes to trade unions and contributions to the political fund.
I give way to the hon. Member for High Peak, although he now wishes for it to be in Greater Manchester.
It is a pleasure to serve under your chairship, Mr Mundell. I refer to my declaration in the Register of Members’ Financial Interests and my membership of the GMB. I am interested in the shadow Minister’s proposition, because the number of members of the Conservative party relative to other parties has been in the press over the last few weeks. Does the Conservative party do what he proposes and remind its members of the opportunity to leave on an annual basis, or do its members just do that of their own volition?
As I alluded to, the hon. Gentleman seems to want his constituency to leave Derbyshire and join Greater Manchester, so he is opening up a can of worms there.
I am happy to tell the Committee that I pay my membership fees to the Conservative party by direct debit and I get that annual email reminding me that my renewal is coming up. I cannot see any circumstance in which I would ever wish to leave the oldest and most successful—most of the time—political party in the country, but it is very clear in those emails how to do so, just as I am sure it is for the Labour party and for some of the smaller parties that exist as well. That is an important principle. It is only to be regretted if we want to stray into the politics of that, which are relevant to the principles outlined in amendment 126 about opting out of political funds.
Of course it will happen time and again that, when an individual signs up to anything at all—be it a trade union political fund, political party, club, society, lobby group or whatever—they change their mind and wish to leave it. The best example that I can give is when the Labour party changed quite significantly on the election of a particularly left-wing leader after the 2015 general election, and many members of the Labour party, including Labour MPs, chose to leave it. Of course, they should have had that right and that freedom to do so, and I do not see why that right and that freedom should not be as equally applicable, as amendment 126 suggests, to the political fund of trade unions.
Labour’s proposed new clause 29 of the Digital Markets, Competition and Consumers Act 2024 has direct read across to amendment 126, which we are debating today, and it had a two-pronged approach. It required traders to ask consumers whether they wished to opt in to subscriptions renewing automatically, either
“after a period of six months and every six months thereafter, or…if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due.”
The second limb of that new clause would have required:
“If the consumer does not opt-in to such an arrangement, the trader must provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.”
If the consumer did not provide that notification, the subscription contract would not renew.
There seems to have been a considerable shift in the Labour party’s policy position on subscription traps. It seems to believe that consumers should be given every possible opportunity to cancel subscription contracts with businesses, but that it should be as hard as possible to cancel a subscription to a trade union political fund. That is not a coherent position, and that is not something that I think any Labour Member would wish to defend.
It is to keep the Labour party honest that we have tabled the first part of our amendment 126, which would require that, where trade union members have not opted out of the political fund, they must put in writing their continued agreement to pay the fund annually. Given that the Labour party wanted to enforce a more stringent mechanism on businesses taking people’s money through subscriptions, which would have been opted in to originally, I cannot see why the Labour Government would not accept that union members should continue to have to indicate in writing that they wish to continue to be subscribers to the trade union political fund.
This amendment is a simple, straightforward proposition that is entirely consistent with the lines that Labour Members took when they were in opposition in the last Parliament, which they now seem to wish to row back on. When the Minister responds, or when any Labour Member wishes to stand up, it is incumbent on them to say why they believe those subscriptions traps should continue and should be nakedly allowed for trade union political funds.
I think we have all followed with interest, and perhaps some entertainment, the shadow Minister’s embrace of red tape and pettifogging bureaucracy in as much as he wishes to apply that to trade unions. It is of course important to state that each trade union member has opted in to the political fund, has the right to opt out at any time and has a means of recourse, through the Certification Officer, if there is a complaint about any attempt to opt out that is not successful.
The comparison drawn by the shadow Minister was completely ill-founded. The amendment not only seeks to inform trade union members of their right to opt out of the political fund—that is already well understood—but requires them to continue to opt in annually. Throughout the history of the Conservative party’s relationship with trade unions, it has repeatedly sought to apply punitive legislation in respect of the political fund. That is what the amendment represents: it is nothing more than a transparent attack on the funding of the Labour party and on the wider political activities of trade unions.
Let us not forget that many trade union political funds are directed towards not only party political activity but welcome campaigns, including some taken up and implemented by the previous Conservative Government. I draw attention to one: the campaign to introduce the Assaults on Emergency Workers (Offences) Act 2018. Had the amendment been in force, that Act would have been much harder to accomplish, and paramedics, prison officers and police officers assaulted in their line of duty would have had less recourse to legal protection.
I am sorry but, to return to the words used by my hon. Friend the Member for Worsley and Eccles, this is a ridiculous amendment. Were it to be implemented, we would have to look closely to ensure that there was not a two-tier approach to donations made by other entities, such as publicly listed companies. Should there be a requirement for shareholders to be informed of, and be able to veto, any donation in furtherance of a political activity? What about other civil society organisations? That is an enormous can of worms that is not particularly pleasant to smell once opened up, and it is a naked and transparent political attack that should be given short shrift.
The amendment is designed to give trade union members the right not to contribute to the political funds. Why does the Labour party want to stop them having that right? It is pure self-interest. Labour wants a conscript army of trade union members to contribute to the funds. Furthermore, I dare say that a good proportion of the political funds end up supporting the campaigns of Labour Members, who one by one in Committee have declared their membership of individual trade unions.
Earlier, we heard the Minister say that, annually, he wanted employers to remind workers of their right to join a trade union, yet he does not want those same members to have the right to opt out, or to be reminded of their right to opt out, of the political fund. I therefore support the amendment, which will assist trade union members to know that they have the right to opt in or out of the political funds.
I might surprise Conservative Members by saying that I welcome the amendment. Before those on the Labour Benches start to panic, I welcome it because it is a reminder that the only place in the country where Conservative Members support increasing red tape is for trade unions.
It is always nice to follow and to be of one mind with my hon. Friend the Member for Birmingham Northfield, so I will try not to repeat too much of what he said—although I agree with it all. The shadow Minister challenged Labour Members who have spoken, but it is fundamental to point out that the analogy he drew is false. A trade union is a member-based democratic organisation designed to protect those who are part of it. It is not a subscription or an entertainment package on TV. It comes with more rights, more democratic involvement and more control over where money and resources go. A fundamentally false analogy was drawn.
We heard earlier about businesses. I gently push back on what the hon. Member for Bridgwater said; I do not think I heard the Minister say it would be an annual notice. It was up for consultation, but even one notice was described by Conservative Members as onerous. Yet here we have an amendment pushing not just for reminders but for annual reconfirmation, from people who have already given their consent to pay into a political fund, that they are happy for that to happen, as a compulsory measure. That is deemed reasonable by Conservative Members, but it is not. The amendment is a continuation of a decades-long attack on the trade union movement by the Conservative party.
I was one sentence from the end, but I will always happily give way.
Perhaps I can put to the hon. Gentleman a hypothetical scenario. If his trade union, the political fund of which he had willingly opted in to because in some cases it might support the Labour party, decided, like a quarter of Labour voters, that it regretted that political choice and now wished to go even further to the left and support the Liberal Democrats, would the hon. Gentleman wish to opt out of that political fund and have clear instruction on how to do so should that be the case?
For once in this place I will give a direct answer. Yes, I would. As a paid-up member of a trade union I would know exactly how to do that. I do not need the measures in the amendment to do so. Conservative Members talk about trade union members in the hypothetical, trying to understand what they would like. Other than those of us in this place who are trade union members, I wonder how many they have ever met. As someone who worked for one in the background, I think I know the mind of a trade union member.
My hon. Friend and I have both helped to administer the internal democracies of trade unions. Does he agree that the caricature of trade unionists as conscripts who just do as they are told is not based on any kind of reality? There might have been times when he and I wished that was the case, but the reality is that unions are democratic organisations and no one within them takes a particular action because they are instructed to do so.
It could be dangerous for me to admit that sometimes I might have wished to instruct a member, but I can reassure everyone here that the instructions flow the other way when someone is a trade union official acting at the behest of members at all times.
I was one sentence from the end before the interventions. I have been thoroughly derailed by people in this room, so I will wrap up and say that I do not agree with the amendment. I disagree with a lot of what was raised in the debate and the false analogy around subscription models versus membership of a democratic organisation. I will obviously not support the amendment.
We have had a good debate on the amendment. It is fair to say there is a deep divide in our positions. I will address the amendment and the clause stand part debate.
Amendment 126 would make two changes to clause 48. First, it seeks to retain the requirement on trade unions to provide their members with an annual notice of their right to opt out of contributions to the political fund. Secondly, it seeks to require trade union members to opt in to contributions to the political fund annually. As we have heard, that would place substantial and unnecessary bureaucratic requirements both on trade unions and on their members. As my hon. Friend the Member for Worsley and Eccles said, this is one of those rare occasions when the Conservative party seems to be in favour of more red tape, which is clearly something that we want to see reduced.
I will start with the change that would retain the requirement for trade unions to send an annual notice to members reminding them that they can opt out of contributing to a political fund. The amendment targets the wrong section. It would amend section 86 of the Trade Union and Labour Relations (Consolidation) Act 1992, which relates to ensuring that employers do not deduct contributions through check-off from the member where the union member has opted out of the political fund or where the opt-out notice has been given but is not yet in force.
However, I will respond in terms of the spirit of the amendment tabled by the shadow Minister. The Government have been clear in our intention to repeal the Trade Union Act 2016, which was a clear manifesto commitment. We have a mandate to deliver on that. The amendment seeks to frustrate that clear intention by retaining the substantive effect of section 84A of the Trade Union and Labour Relations (Consolidation) Act 1992, as amended by the Trade Union Act 2016.
We should be clear that members are, of course, free to opt out of contributing to a political fund whenever they wish. Clause 48, which I will come to, sets out how that is possible. Currently, alongside the requirement to ballot members on the maintenance of a political fund every 10 years, trade unions must also remind their members of their right to opt out of a political fund. The Government are proposing to remove the ballot requirements. We have consulted on whether to retain a requirement for trade union members to be reminded on a 10-year basis that they can opt out of the political fund.
I understand the point the Minister is making. On the one hand, he wants everyone to be reminded annually of their right to join a trade union, but he wants them to be reminded of their ability to opt out of the political fund only every 10 years. Surely he can see the inconsistency in that approach. Even though I am sure that he wants the political funds to be as bulging as possible, certainly for those unions that donate to the Labour party, surely he must see that there is an inconsistency between reminding people of their right to join a trade union annually but reminding them of their right to withdraw their support for the political fund on a less frequent basis.
I thank the shadow Minister for his question. I have not actually said that we will require members to be informed of their right to join a trade union annually—we are simply consulting about the frequency of a reminder. That is the point the hon. Member for Bridgwater raised earlier. We are consulting on that point, and we are consulting on the 10-year reminder about being able to opt out of the political fund. What is sauce for the goose is sauce for the gander. If the shadow Minister thinks we should not inform people annually of their right to join a trade union, presumably he would also agree that they should not be reminded annually of their right to opt out. The arguments work both ways.
In the spirit of following that debate through to its natural conclusion, no matter where we stand on the politics, surely the happy medium would be to marry up whatever the consultation ends up concluding for the reminder of the right to join a trade union in the first place with the reminder of the right to opt out of the political fund. Surely that would be the fair and equitable way through this—to simply say that the answer is to marry up the reminder of the right to join a trade union with the reminder to opt out of the political fund, with whatever frequency the consultation says.
Those are of course two entirely separate requirements. At the moment, trade union members can choose to opt out of contributing to the political fund at any time. Clause 48 sets out clearly how they can do that by post, email or other electronic means. As my hon. Friend the Member for Worsley and Eccles so eloquently said, most trade union members will be aware of their rights in this area should they wish to exercise them. The comparisons between trade union membership and political funds and Netflix subscriptions and insurance contracts are bogus, because they are not the same thing at all. Membership of a trade union and a political fund is membership of a democratically organised society and independent trade union. The members have control of the organisation because it is democratically organised, so it is not the same thing at all.
The Opposition stand by our amendment 126. I do not want to repeat all the arguments that I made in my substantive speech. However, I listened very carefully to the Minister’s response and to the other contributions to this debate and I am still utterly lost as to how Labour Members can argue that all these rights should exist when it comes to consumers, but call them red tape, bureaucracy and getting in the way when it comes to trade unions, saying that they are somehow trying to undermine the Labour party.
It will come as no surprise to Labour Members that, generally speaking, Conservatives do want to beat Labour candidates in elections. However, in no way, shape or form would I take away or argue against their ability to go to trade unions and ask for donations or just to willingly receive donations from trade unions, if that is what those trade unions wish to spend their money on. Of course, the rub, the difficulty, is this: where do the trade unions get their money from in the first place? It is from their members; just as those on this side of the Committee willingly pay to be members of the Conservative party and those on the other side willingly pay, I am presuming, to be members of the Labour party—presumption is a dangerous thing.
As we have heard, the opt-outs exist. There are the reminders that come with the annual direct debit, monthly direct debit or however people pay. The position is clear, so why should not the same principle apply to the trade union political fund? It is beyond comprehension that something can be argued for in respect of one sector of society but not the other.
If the Labour party wishes to be funded by the trade unions, that is fine, democratic and clear. But there must be consent from those who put in the money in the first place, on a recurring basis; it must be clear that that is still where they wish their money to go. Those members may change their mind on their political allegiance. They may decide that they no longer wish to support Labour. They may decide that they wish to support another political party, whichever that may be. I think it is a matter of fairness that they are given not just the right to opt out, which I accept exists, but the regular reminder of how to opt out that every other section of society and every other subscription model, be it political, consumer or otherwise, has.
I welcome, for the purpose of the record, what was a brave and interesting admission from the hon. Member for Mid Buckinghamshire: in his words, this amendment is motivated by a desire to beat Labour party candidates.
If the hon. Member wants to correct the record, I will of course welcome that. He is talking about Labour-affiliated trade unions, but of course many trade unions are not affiliated or do not have a relationship with a political party. Many of them are studiously non-party political in their approach. Has he considered the impact on those unions of the approach that he proposes, and what consultation has he had with unions such as the National Association of Head Teachers?
I do not think I need to correct the record, in that I made a statement of the obvious, which is that Conservatives wish to beat Labour in elections, but equally I went on to say that, with the right consent, it is perfectly fair, democratic and legitimate for the Labour party to receive funding from those trade unions that wish it to do so. I went even further by saying that that is perfectly fine; so long as it is done transparently and stated on the record—as Labour Members have assiduously done every time they have stood up to speak during this Bill Committee and, indeed, in other debates—there is nothing wrong with it.
This is about the process for members, whether they are contributing to political funds where the unions do donate to Labour, or to any other cause, be it party political or a campaign on this side or the other— the hon. Member for Birmingham Northfield himself recognised and spoke earlier about the very good campaign in relation to attacks on emergency workers. That is a perfectly good, legitimate and worthwhile use of that money, to which I would anticipate—although presumption is a dangerous thing—that most, if not all, contributors to the political fund that supported the campaign would happily continue to contribute. However, there are circumstances and times when trade union members contributing to political funds may not see that money being spent as they would like it to be. It is the ease of being able to opt out, not just having the right to opt out, that the amendment gets to the heart of.
Before the Committee divides on amendment 126, I urge Committee members to reflect on whether they really want to say to the outside world that, while consumers have the right to be reminded on a monthly or annual basis of how to opt out of their mobile phone contract, magazine subscription or whatever else, such a reminder of how to opt out of political funds—not the right to opt out but how—should be denied to trade union members.
The shadow Minister talks about this being a rule that applies to every other section of society. Is he saying that the principle should apply to every membership organisation, be it the Chartered Institute of Personnel and Development, the Royal Society for the Protection of Birds, the Royal National Lifeboat Institution or any of the many other membership organisations that exist in the country? There will be millions of members of those organisations, so should the principle apply equally to them all? Is he aware that it applies at the moment?
For the most part, I would say that it does exist. I am thinking of membership organisations outside the world of politics that I have subscriptions to: at the annual point of renewal—most of the ones I have are annual—I do get either an email or a letter saying, “Your direct debit for the next year is going to be £2 higher a month. It will automatically renew unless you do x, y and z.” The x, y and z to opt out, stop or unsubscribe is always very clear.
The Minister is going to tempt me to say which memberships, isn’t he?
I am not sure that we need to know about the shadow Minister’s memberships. I have two points: there is not legislation requiring this, and when trade unions raise subscriptions they will send a similarly worded letter out. The analogy the shadow Minister has drawn already takes place.
I am grateful for that, but there is not an increase every year.
Well, there is. The Conservative party held our membership at £25 for far too long, which was why the increase was so big a couple of years ago. I appreciate that most Labour Committee members, beyond those on the Front Bench, were not in the last Parliament, but the general point of principle here is that when it came to other legislation in that Parliament, the then Opposition argued vehemently for similar provisions to apply in other parts of business and consumer society that they now wish to deny to trade union members. That is a point that the Government are going to find difficult to defend when going forward with the consideration of the Bill.
To me, it is a simple proposition: the Opposition think it is fair and clear that everybody should get an annual reminder of not just their right to opt out but how to do so in a simple and straightforward way. People change their minds and decide that they no longer wish to support particular causes, parties or campaigns. It is surely right that they get a clear and simple reminder on a frequent basis—annually, or, if we are generous, every two years.
The clause is relatively simple in that it seeks to repeal section 15 of the Trade Union Act 2016 by amending the Trade Union and Labour Relations (Consolidation) Act 1992 to remove section 116B. Section 15 of the 2016 Act required trade unions to pay public sector employers where they administered payroll deductions for trade union subscriptions—known as check-off. Section 15 further mandated that the service be made available only where workers had the option to pay their union subscriptions by other means.
The check-off regulations were apparently introduced as a cost-saving measure, with estimated annual savings of £1.6 million, totalling £12 million over the next 10 years. However, as last year’s check-off impact assessment acknowledged, the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2024 brought a cumulative cost of £17 million to public sector employers and trade unions over that period, which is far higher than the estimated cost savings.
In the spirit of wanting to save businesses and the public sector from burdens, we think that this is an entirely sensible move. I urge members of the Committee to support the clause.
Of course we wish to save taxpayers money, particularly when it comes to the public sector, but likewise we do not see why businesses should bear the cost of trade union subscription collections. That should be a cost entirely for the trade unions to bear, just as we would never tolerate—on the Opposition Benches for sure—the public purse or the taxpayer’s pound having to subsidise any other body that should be funding itself.
I understand where the Minister is coming from. As he looks across other parts of the Bill, I urge him to have a similar approach to saving businesses and taxpayers money across the piece.
Question put and agreed to.
Clause 49 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Anna McMorrin.)
(2 days, 20 hours ago)
Public Bill CommitteesWith this it will be convenient to discuss the following:
Amendment 114, in clause 51, page 64, line 9, after “employer”, insert—
“(aa) in relation to a public sector employer, the performance condition is met.”
This amendment paves the way for Amendment 115.
Amendment 115, in clause 51, page 64, line 10, at end insert—
“(3A) The performance condition is met if the Secretary of State is satisfied that the public sector employer is meeting any performance standards set out in a relevant enactment.”
This amendment, together with Amendment 114, prevents facility time for equality representatives being provided unless the relevant public sector organisation is meeting its statutory targets for performance.
Clauses 51 and 52 stand part.
New clause 18—Facility time: cost assessment—
“(1) The Secretary of State must commission an assessment of the cost and prospective cost of—
(a) time off and associated payments under sections 168 to 170 of the Trade Union and Labour Relations (Consolidation) Act 1992, and
(b) implementing section 168B of that Act,
in relation to each sector of the economy.
(2) For the purposes of subsection (1), a sector of the economy means—
(a) an area of the economy in which businesses share the same or related business activity, product, or service, or
(b) in relation to the public sector, a sector which provides similar or related services.
(3) The Secretary must lay a report of the assessment commissioned under subsection (1) before each House of Parliament.”
This new clause requires the Secretary of State to undertake a sectoral cost assessment of trade union facility time, and see also Amendment 113.
Amendment 113, in clause 118, page 105, line 20, at end insert—
“(3A) But the provisions of section 51(2) to (12) may not be brought into force before the report of the cost assessment referred to in section [Facility time: cost assessment] has been laid before each House of Parliament.”
This amendment provides that the amendments made in Clause 51 cannot come into force until after the completion of the review referred to in NC18.
It is a pleasure to see you in the Chair, Sir Christopher. I wish you a happy new year. As always, I will start by referring to my entry in the Register of Members’ Financial Interests.
I shall attempt to navigate this mega-grouping of clauses, amendments and new clauses. Clause 50 will amend section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide that an employer that permits an employee to take time off for carrying out trade union duties, including as a learning representative, must, where requested by the employee, provide the employee with accommodation and other facilities for carrying out their duties or undergoing training related to their trade union duties, as is reasonable in all the circumstances. “Facilities” could include office and meeting space and access to the internet or intranet. In providing the employee with facilities, the employer should have regard to a relevant code of practice issued by ACAS.
The clause will also strengthen the existing right to reasonable paid facility time for union representatives, including union learning representatives, by establishing a presumption that the employee’s view on what is considered reasonable time off is reasonable in all the circumstances, having regard to any relevant provisions of a code of practice issued by ACAS. The clause will require that the employer show that it was not a reasonable amount of time off at an employment tribunal, in the event of legal proceedings.
Despite the fact that most union representatives receive paid time off, it is often insufficient to allow them to carry out all their trade union duties, and many union representatives use significant amounts of their own time to do so. This Government want to ensure that union workplace representatives can take sufficient paid facility time and have sufficient access to facilities to enable them to fulfil their union representative duties. That will lead to improved worker representation and industrial relations by giving trade unions and workplace representatives the freedom to organise, represent and negotiate on behalf of their workers and to increase co-operation between employers and unionised workers, leading to beneficial outcomes for the economy.
The Government will not support the shadow Minister’s amendments 114 and 115, which would place an unnecessary restriction on trade union equality representatives’ ability to take time off during working hours to carry out their role as equality representatives. Equality representatives have a key role to play in raising awareness and promoting equal rights for all members, as well as developing collective policies and practices that will enable organisations to realise all the benefits of being an equal opportunities employer. Placing a performance condition on the right to paid time off for equality representatives is at odds with existing rights and protections for other trade union representatives, such as union learning representatives.
In addition, the Bill is clear that the amount of time off that an employee is permitted to take, the purposes and occasions for which it is taken and any conditions subject to which it may be so taken are those that are reasonable in all the circumstances, having regard to any relevant provision of a code of practice issued by ACAS or the Secretary of State. The existing code of practice on time off for trade union representatives will be updated in due course to cover equality representatives. The Government would therefore strongly argue that the additional condition is not required for equality representatives.
Clause 51 will insert new section 168B into the Trade Union and Labour Relations (Consolidation) Act 1992. The proposed new section requires that an employer must permit an employee who is a member of an independent trade union recognised by the employer and an equality representative of the trade union to take paid time off during the employee’s working hours for the following purposes: carrying out activities for the purpose of promoting the value of equality in the workplace; arranging learning or training on matters relating to equality in the workplace; providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace; consulting with the employer on matters relating to equality in the workplace; obtaining and analysing information on the state of equality in the workplace; and preparing for any of the things mentioned previously.
The above applies only if the trade union has given the employer notice in writing that the employee is an equality representative of the union and has undergone sufficient training to enable them to carry out the activities listed above, or if the trade union has in the past six months given the employer notice in writing that the employee will be undergoing such training—this can be done only once in relation to any one employee—or within six months of the trade union giving the employer notice in writing that the employee will be undergoing such training, the employee has done so and the trade union has given the employer notice of that. “Sufficient training” is that which is sufficient for fulfilling the purposes of an equality representative, having regard to any relevant code of practice issued by ACAS or the Secretary of State.
Clause 51 will also require an employer to permit an employee to take paid time off during working hours to undergo training relevant to their role as an equality representative and, where requested, provide the employee with accommodation and other facilities to enable them to fulfil their role, having regard to a relevant code of practice issued by ACAS. Should an employer fail to permit the employee to take time off or provide the employee with facilities as required, the employee may present a complaint to an employment tribunal, at which it will be for the employer to show that the amount of time off that the employee proposed was not reasonable.
Trade unions have long fought for equality. Equality reps have a key role to play in raising awareness and promoting equal rights for all members, as well as developing collective policies and practices that will enable organisations to realise all the benefits of being an equal opportunities employer. Clause 51 therefore recognises in statute the role of trade union equality representative, which is defined in proposed new section 168B(12) as a person appointed or elected in accordance with the trade union rules and defined by reference to, and in a manner consistent with, the Equality Act 2010.
I turn to the shadow Minister’s amendments 113 and new clause 18. I should start by stating that sections 168 to 170 of the Trade Union and Labour Relations (Consolidation) Act 1992 are long-standing provisions that require employers to provide facility time for union representatives and union learning representatives of a recognised trade union.
Our legislation also requires employers to make payments to union representatives for time off for carrying out their union duties. Despite the fact that most union representatives receive paid time off, it is often insufficient to allow them to carry out all of their trade union duties, and many union representatives use significant amounts of their own time to do so. We want to ensure that union workplace representatives can take sufficient paid facility time and have sufficient access to facilities to enable them to fulfil their union representative duties. That is why we are strengthening the rights of trade union representatives in the Bill. As part of that, we are also providing—in clause 51, which will insert new section 168B into the 1992 Act—new rights for time off for union equality representatives. Equality reps have a key role to play in raising awareness and promoting equal rights for all members, as well as developing collective policies and practices that will enable organisations to realise all the benefits of being an equal opportunities employer.
The shadow Minister’s new clause 18 would require Ministers to commission a cost assessment of facility time for trade union representatives and for union learning representatives and the prospective costs of time off for equality representatives across all sectors of the economy. It would also require Ministers to lay a report before both Houses of Parliament once the assessment has been made. Amendment 113 would further require that the provisions of clause 51 could not come into force until after completion of the assessment referred to in new clause 18.
New clause 18 is not necessary. We do not need such a time-consuming assessment across all sectors of the UK economy. Also, union representatives under our legislation are already entitled to reasonable paid facility time to enable them to carry out their duties. As I have said already, we know that many union representatives do not have sufficient time; the Bill is intended to rectify that. I also note that no such assessment of facility time, sector by sector, for the entire UK economy was ever carried out by the previous Government.
Clause 52 will repeal sections 13 and 14 of the Trade Union Act 2016 by removing sections 172A and 172B of the Trade Union and Labour Relations (Consolidation) Act 1992. Regulations made under section 172A, inserted by section 13, require relevant public sector employers to publish information relating to facility time for relevant union officials. Section 172B, inserted by section 14, provided a power—although I do not think that it was ever implemented—to impose a cap on public sector facility time. Repealing these sections will help to ensure that trade union representatives have sufficient time to represent workers, negotiate with employers and conduct training.
The removal of the reporting requirements represents a significant step in resetting the relationship between public sector employers and trade unions by recognising the importance of union representatives and the time needed for them to fulfil their duties effectively. The removal of the regulations will reduce the annual administrative burden on many public sector employers, freeing up more time to focus on delivery for the public.
This Government believe that it is for each employer to work in partnership with their own recognised trade unions to determine the facility time needed to ensure that their trade union representatives can properly represent their members and the workforces within which they operate. It is unnecessary to require annual reporting or to introduce an arbitrary cap on facility time. I therefore ask the hon. Member for Mid Buckinghamshire not to press amendments 113 to 115 and new clause 18. I commend clauses 50 to 52 to the Committee.
It is a pleasure to serve under your chairmanship, Sir Christopher. I, too, wish you a very happy new year.
I will start with amendments 114 and 115, which stand in my name and those of my hon. Friends on the Committee. The amendments would prevent facility time from being provided for equality representatives unless—this is the important bit—the relevant public sector organisation is meeting its statutory performance targets.
In workplaces in which a trade union is recognised, trade union workplace representatives have a right to paid time off for the purpose of carrying out their trade union duties or to take part in union training. That right currently applies to workplace representatives, health and safety representatives, union learning representatives, and information and consultation representatives. The Bill will extend that right to equality representatives, who will now be allowed paid time off to carry out
“activities for the purpose of promoting the value of equality in the workplace”;
to arrange
“learning or training on matters relating to equality in the workplace”;
to provide
“information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace”;
to consult
“the employer on matters relating to equality in the workplace”;
and to obtain and analyse
“information relating to equality in the workplace.”
I make no criticism or comment about the value of those activities, but what I would say is that they are straightforwardly set out in the law already, and employers already have a duty to consider them. Creating a duty to allow more facility time for this purpose seems to be at cross-purposes with what employers are already, rightly, under an obligation to consider.
The amendments are an attempt to ensure that the taxpayer gets something out of this latest concession from the Labour Government to the trade unions. We would like to make sure that equalities representatives working for public sector employers are entitled to facility time only if that employer is meeting any statutory targets that it has. We suggest that if the employer is not meeting those targets, that is more important to taxpayers than facility time.
New clause 18 and amendment 113 also stand in my name and those of my hon. Friends on the Committee. As the Minister says, new clause 18 would require the Secretary of State to undertake a sectoral cost assessment of trade union facility time. It would require the Secretary of State to undertake an assessment of the cost, and prospective cost, by sector of that facility time. Amendment 113 would provide that clause 51, which will introduce facility time for trade union equalities representatives, could not come into force until after the completion of the review referred to in new clause 18.
That is an eminently sensible step. I cannot see how anyone could object to a cost analysis and assessment being done before provisions come into effect. People need to know what they are dealing with and how much it will cost them, whether that is in the public sector or the private sector, a Government Department or a Government quango, a council, an NHS trust or a private business. It is not reasonable for these things to be asked for without a true assessment and understanding of the cost.
The Opposition are concerned about the increased impetus that the Bill places behind facility time and about extending it to equalities representatives. We would therefore like to make sure that the Government have done their homework and understood the cost to business of these changes before they implement them.
It is a pleasure to serve under your chairship, Sir Christopher. I draw the Committee’s attention to my declaration in the Register of Members’ Financial Interests. I am a member of GMB and Unite.
The shadow Minister has set out a number of new restrictions that he is seeking to impose, but in 2014 he brought a motion to Hammersmith and Fulham council that said:
“Council staff will not be paid for any time they spend on trade union activity.”
Is that still what he believes?
I am grateful to the hon. Gentleman for bringing that up. He has clearly been doing his homework and researching the wonderful transcripts from my time on that local authority. I have some very happy memories of it—I remember cutting council tax by 20%, which I am very proud of—but he is really going to stretch my grey matter if he wants me to remember that particular motion. However, I am certainly of the view that it is not for taxpayers to fund trade union activities; it is for trade unions to meet their own costs. It is for trade unions, just like any other body, not to require taxpayer subsidy or the state to step in and help them meet their costs. I certainly remember campaigning on the expansion of facility time back then, with many across the Conservative party. From memory, my right hon. and noble Friend Lord Pickles took a particular interest in the issue.
My direct answer to the hon. Gentleman’s question is no: taxpayers should not be funding trade union facility time. That is for the trade unions themselves to fund out of their membership fees and other income streams, where they have them, so that they can go about doing their work. I repeat that it is really not for taxpayers to fund that. There needs to be wider reform to protect taxpayers from indirectly—or directly, in this case—funding third-party organisations such as trade unions.
We have to consider the extra burden to employers in the round. Along with other elements of the Bill, such as the provisions on unfair dismissal, and the growth-stunting hike to employers’ national insurance contributions in the Budget, this is another straw that may yet break the camel’s back for a number of businesses. The Government are carelessly piling cost and red tape on employers with this Bill and other measures, and are just expecting those burdens to be absorbed. We would like to be reassured that it is possible to find a better way that does not burden the taxpayer or private businesses with the provisions that we find in this Bill. We have tabled these amendments to rectify that and to put those protections in place.
Happy new year, Sir Christopher. I have a small amount of sympathy with the shadow Minister—I understand the cost to business, so I welcome that element of the amendments—but I have great fears. One need only have listened to the radio this morning to have heard about the issues for McDonald’s workers that have not been sorted out. I accept that that is the private sector, and the amendments are about the public sector, but it demonstrates that if equalities issues are not taken seriously in the workplace, it can cause major harm to employees and to the culture of improvement that we need to see.
Nobody is suggesting that equalities issues should not be taken seriously. The point that I was making about our amendments is that the law is already very clear about equalities, and employers should be held to that law. There is no need to place this additional burden on the public sector or the private sector. Equalities are incredibly important—nobody in the Opposition is denying that—but we must find the right vehicle to ensure that equalities duties are enforced. This Bill is not it.
I am concerned that the hon. Gentleman is taking a Panglossian approach that all in the world is perfect. It is far from perfect, which is why I welcome large tracts of the Bill, as long as we are supporting employers on the journey.
It is good to see you in the Chair, Sir Christopher.
I rise to speak in support of Opposition amendments 113 to 115 and new clause 18. These are modest proposals to ameliorate the additional costs and burdens that the Bill is will place on employers and the public sector. It seems extraordinary that the Government want to introduce this new facility time without any thought about what the cost will be. It strikes me that the measures the Government are bringing forward are simply a bung to their trade union friends to provide extra money to employ extra trade union officials to do work that genuinely does not need doing.
The law is clear and should be enforced. We do not need the state to impose further burdens by employing trade union officials to effectively double up as Government inspectors. I shall therefore support the amendments and vote against the Government’s new clauses. A pattern is being followed through this Bill, whereby Ministers rise and say that each individual proposal is reasonable and modest, yet each one is an additional burden on the taxpayer and/or employers. The net result is £5 billion in additional costs, which will make this country less competitive, efficient, and effective.
I will respond briefly to some of the points that have been made. I was asked why we need to put equality representatives on statutory footing. I think the hon. Member for Torbay gave just one example of the ongoing issues of discrimination in many workplaces up and down the country but, of course, this Bill also seeks to expand family friendly rights. Anyone who takes cognisance of local authority matters—I know that my hon. Friend the Member for Birmingham Northfield does so more than most—will be aware that equal pay is still a huge issue in many local authorities. This is over 50 years since the Equal Pay Act 1970 was brought into force, so there is a strong case for allowing equality reps to bring their value to the workplace.
The amendment on performance targets is particularly unfair. In effect, the hon. Member for Mid Buckinghamshire is seeking to punish trade union members for the failings of their employer if they do not hit performance targets. None of those targets have been specified in the legislation. Perhaps it is a reflection of the fact that under his party’s Administration, most public services did not meet performance targets, and he was hoping that if they got back into power he would be able to use that to deny facility time to all trade union representatives.
Does the Minister really expect us to believe that his Government has not costed these proposals? Does he believe that providing additional facility time to trade unions will improve public sector performance? What we have said is that in cases where Departments are not meeting their targets, the Department should use taxpayer money to meet those targets before granting additional facility time to trade union officials.
I understand the hon. Gentleman’s point but I refer him to the impact assessment, which sets out the cost of these individual measures and their cumulative impact. For facility time, the amount is very small indeed. It has been green-rated by the Regulatory Policy Committee, and studies by the predecessor Department of the Department of Business and Trade showed that facilities time did lead to significant savings and reduced dismissals, reduced employment tribunals, reduced voluntary exits and enhanced productivity. We are talking about figures in the region of hundreds of millions of pounds here. I accept that it is an old study, but the principle remains the same. We heard repeatedly during evidence that strong engagement from trade unions is a good thing for employers, because it helps to engage the workforce and improve productivity. Therefore, I do not accept the premise of his argument.
Regarding the general thrust of what is coming from the Opposition about the use of facilities, the Trade Union Act 2016 was designed to make it more difficult for trade unions to perform their duties by increasing the amount of investigation and focus on their time, but the reported figures in terms of the percentage of the public sector pay bill were the same at the start of the reporting requirements as they were at the end, which was 0.07%—007; we are back to James Bond again. That shows that the requirements of the 2016 Act were simply burdens that added nothing. I therefore urge hon. Members to reject the Opposition amendments and to support the clauses.
Question put and agreed to.
Clause 50 accordingly ordered to stand part of the Bill.
Clauses 51 and 52 ordered to stand part of the Bill.
Clause 53
Blacklists: additional powers
Question proposed, That the clause stand part of the Bill.
The clause will enable us to strengthen the protections against blacklisting. The Consulting Association scandal, in which thousands of union workers were blacklisted, underscored the need for strong anti-blacklisting laws. Blacklisting persists, yet the rules have not been updated for over a decade. That is why we are taking steps to modernise them.
The clause amends section 3 of the Employment Relations Act 1999. It will enable regulations to be made that extend prohibitions to lists that are not prepared for the purpose of discrimination, but are subsequently used for that purpose. Secondary legislation and guidance can then make clear that blacklisting prohibitions extend to lists created by predictive technology.
The clause also extends the scope of the powers, so that prohibitions no longer have to be limited to employers or employment agencies. First, the reference to employers or employment agencies is removed from section 3(1)(b) of the 1999 Act. Secondly, an amendment to section 3 adds a power for the Secretary of State to make regulations in relation to third party use of blacklists. It is important that the Government continue to make it clear that blacklisting is unacceptable, and updating the law supports that.
This is one of the less contentious clauses in the Bill. The Minister is right to say that something that has not been updated for a decade probably should be looked at again, especially in the light of some of the technology that we see emerging. We will not oppose clause 53 standing part of the Bill.
I strongly welcome this modernisation of approach.
Question put and agreed to.
Clause 53 accordingly ordered to stand part of the Bill.
Clause 54
Industrial action ballots: turnout and support thresholds
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Clauses 55 and 56 stand part.
New clause 32—Workplace intimidation in regard to balloting—
“(1) The Employment Relations Act 2004 is amended as follows.
(2) After section 54 (12) (c) insert—
‘(d) measures are in place to prevent workplace intimidation.’”
This new clause requires the Secretary of State to consider whether there are sufficient measures to be in place to prevent workplace intimidation before they make any order to allow balloting to take place by a means other than by postal ballot.
New clause 33—Balloting in the workplace—
“(1) The Employment Relations Act 2004 is amended as follows.
(2) After section 54 (12) insert at end—
‘(12A) No order may be made under this section that would permit balloting to take place in the workplace.’”
This new clause would prohibit the Secretary of State from making an order to extend the means of voting in trade union ballots and elections that would allow the ballot to be held in the workplace.
New clause 43—Industrial action: impact assessments and family tests—
“In Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, before section 234A (and the italic heading before it), insert—
‘Industrial Action: impact assessments and family tests
234ZA Impact assessments and family tests
(1) No ballot for industrial action may take place unless the trade union has taken the following steps—
(a) published a report containing an economic impact assessment of the industrial action;
(b) published a report containing a family test on the impact of the industrial action; and
(c) informed members of the trade union of the publication of reports required under paragraphs (a) and (b).
(2) For the purposes of this section, a “family test” is defined as an assessment on the impact of industrial action on family relationships.’”
This new clause would require trade unions to carry out an impact assessment and a family test, for the reports of these to have published, and trade union members informed of their publication, before a ballot for industrial action can take place.
This is a large group of measures, comprising clauses 54, 55 and 56 and new clauses 32, 33 and 43. Clause 54 seeks to repeal sections 2 and 3 of the Trade Union Act 2016 by amending section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992 to reverse the changes made by sections 2 and 3 of the 2016 Act. This will mean that trade unions will no longer have to meet a minimum turnout or support threshold for a ballot for industrial action to be successful. The trade union will only need a simple majority of those voting in the ballot to vote in favour of industrial action, as was the case prior to the 2016 Act being passed.
This is another bumper grouping for us to debate. As the Minister said, new clause 32 would require the Secretary of State to consider whether sufficient measures are in place to prevent workplace intimidation before making any order to allow balloting to take place by any means other than a postal ballot. The Bill liberalises the law on balloting and industrial action, and I am normally very much in favour of deregulation and liberalisation, but on this occasion, there are considerable concerns, which is why the Opposition tabled this new clause.
The Bill lowers turnout and support thresholds and allows electronic balloting on industrial action. It is important that there are protections in place for workers in that. We want to make sure that, before allowing electronic balloting for industrial action, the Secretary of State is reassured that unions have sufficient measures in place to prevent workplace intimidation.
If balloting can take place electronically, it can take place in workplaces, where it is much easier for pressure to be put to bear on union members in terms of casting their ballot—that hand on the shoulder, that peering over to see what someone is doing, or the potential requirement from those up to no good to demand proof of the way that someone has cast their ballot, be that on their mobile phone, iPad, tablet, laptop or computer, or whatever it might be. These are practices that I am sure every Member of this House would condemn and say are totally unacceptable and inappropriate, but that I can see happening without robust measures in place to prevent them.
We want the Secretary of State to be able to reassure the House that sufficient protections are in place to ensure that ballots are free fr.om intimidation and coercion before they are allowed to take place electronically. I listened carefully to the Minister’s appeal to the Opposition not to move our new clauses, but I am yet to hear a compelling and reasoned argument why the Government cannot support new clause 32. Surely, we all wish to ensure that intimidation and coercion have no place in any part of our society, least of all in the workplace. I do not understand why the Government are so reticent to take what I would argue is a very moderate and reasonable step to strengthen the Bill and tackle intimidation and coercion.
New clause 33 would prevent voting in trade union ballots and elections from being done in the workplace. Many of the arguments I made on new clause 32 very much apply here; in a similar spirit, we have tabled new clause 33 to create a little more balance and protection in the Bill. It is important that all those exercising their right to vote on industrial action can do so free from pressure from colleagues or trade union members, and that is why the new clause would stipulate that voting in trade union ballots and elections should not happen in the workplace. We also do not believe that workers should spend time when they are being paid to do their jobs voting on trade union matters. Such voting should be done in members’ personal time outside the workplace, and employers should be protected from having to pay for it.
Before I move on to new clause 43, I want to emphasise that while that last point is important, it is a matter of principle that in this country, we believe in the secret ballot. If there was any suggestion that any of our elections, whether elections to this House, council elections or police and crime commissioner elections, could take place on someone’s phone in front of other people without the protections we all enjoy at the ballot box, there would be outcry—there would rightly be outrage. When it comes to something as significant as voting for or against industrial action in a trade union ballot, it is absolutely the same principle: the integrity of the secret ballot should be upheld, in the same way that we would expect in any other walk of life.
Indeed, we have protections in the 1922 Committee in this House. We have the occasional leadership election, and mobile phones are not permitted into the room in which we vote, to stamp out the very possibility of people looking over others’ shoulders and the secret ballot being compromised. I am not sure what the parliamentary Labour party does. The secret ballot is an important principle enshrined in our democracy that should apply equally to trade union ballots. This moderate, measured request to ensure that those ballots do not take place in the workplace is an important step to protect the secrecy of the ballot.
The shadow Minister talks about the 1922 Committee, which I think my predecessor as representative of Birmingham Northfield knows more about than me. A few years back, the Conservative party membership effectively elected the Prime Minister through an electronic ballot. That is a comment on the process and not the merits of the outcome. Why do the shadow Minister’s arguments against electronic balloting in industrial matters not apply to that situation too?
I think we were still on paper ballot papers, for the large part, the last time there was a change of leader of the Conservative party while we were in government. The election of the current Leader of the Opposition did happen by electronic ballot, but that is not the point of new clause 33. It does not seek to prevent electronic balloting; it seeks to prevent it from taking place in the workplace—the very place where trade union organisers, or other colleagues or employees, could put pressure on those who have a vote. They might bully their way into seeing how someone has voted, or put pressure, either nakedly or slightly less visibly, on someone to vote in what they might consider to be the right way or otherwise. If ballots could only take place outside the workplace, while not a perfect solution, it would take away the pressure that might be brought to bear in the workplace on the way individuals vote. That could—I emphasise “could”—lead someone to vote in a way that they do not want to, for fear of the way that their vote might be perceived by others in the workplace.
Does the shadow Minister accept that the strikes he talks about happened under an incredibly restrictive regulatory and legislative regime? The measures in the Bill seek to foster a better industrial relations environment, which will lead to fewer strikes, not more. Under the previous Government, we saw an incredibly restrictive environment, which ratcheted up the tension and resulted in more strikes.
I hear the hon. Gentleman’s argument, but the proof of the pudding is in the eating. I gently ask him how a no-strings-attached bumper pay rise for the train drivers worked out in practice when it came to strikes over the Christmas period. We have heard repeatedly from Labour party politicians that they will prevent or stop strikes. The most visible example of that in our newspapers and on our television screens was the Mayor of London, who made some pretty bold promises about stopping strike action. Londoners and those coming into London for work, pleasure or hospital appointments have suffered multiple times during his tenure. I am not sure I fully accept the hon. Gentleman’s point that the Bill will somehow magically reduce the number of strikes, when the reality on the ground has been very different.
Given the prolonged and repeated strike action made easier by the Bill, it could almost certainly lead to large costs across the economy. We think it is only right that a level of transparency similar to that applied to Government Departments should be applied to trade union decisions. Trade unions should exercise some responsibility and consider the consequences of their decisions to undertake strike action. We would therefore like trade unions to assess the likely impact that their going on strike will have on real people and their lives, journeys, hospital appointments, theatre tickets, enjoyment, pleasure or whatever it might be that the strike action will prevent them from doing—and, of course, on our children’s education, which is so important.
New clause 43 would require trade unions to carry out impact assessments and family tests, to publish the reports of those, and to inform members of the trade union about their contents, before a ballot for industrial action can take place. It is hardly a controversial position that people should know what they are voting for before they are asked to cast a ballot on it, and that they should understand the consequences of the strike action not just for them, but for the wider economy and people’s health, education, and so much more across our great country. We think it is only right that trade union members should be fully informed of the consequences before they cast their votes. Such information would provide some public transparency about the cost and inconvenience that trade unions are willingly inflicting on the British public.
I have some sympathy with the desire to understand the cost, but to me, the vast majority of the Government proposals before us today are about modernising the system appropriately. I am concerned that this afternoon we have seen the official Opposition one minute say that all in the garden is rosy and there is no need for equality, and the next flip over and catastrophise about the Government’s proposals. We need to get a firm hand on the tiller and see that the vast majority of these proposals simply entail modernisation. I welcome them.
The shadow Minister asked why we cannot support new clauses 32 and 33. The simple answer is that there are already legislative protections in section 54(12) of the Employment Relations Act 2004, which sets out the conditions that must be adhered to in order to ensure that balloting is done in a secure and safe manner. He made some interesting points about people peering over others’ shoulders when votes are taking place. Clearly, his colleagues in the parliamentary Conservative party cannot be trusted to behave themselves when electronic voting takes place. That is something he will no doubt address with his colleagues in private.
If the shadow Minister is concerned about the impact of electronic balloting in all spheres—I am sure there are sometimes reasons in his own party to question the outcome of the electronic ballot—we can look at that, but there is already clear provision in law about how any trade union ballot is to be conducted. The working group will be considering that. If the Conservative party thought there were concerns about the use of electronic ballots for industrial disputes, they might not have commissioned the Knight review back in 2017 to consider the matter. That they did so suggests that they considered that it is right and appropriate that we modernise trade union practices to allow for electronic balloting for industrial action.
Moving on to the assessments the shadow Minister is requesting, the Government are pretty clear that, through new clause 43, the Opposition seek to add another administrative hurdle for a trade union that wants to take industrial action. There is no doubt that any such tests or assessments that were undertaken would lead to a multitude of satellite litigation, delay resolution of disputes, and divert both parties’ focus from resolving the disputes to arguing about impact assessments. I am not quite sure what the family test is. I think there is a family and friends test that some organisations use. It is a little vague. It is also unclear who would be the arbiter of whether these tests and assessments were being done sufficiently accurately. It is also fair to say that trade union members know, when they take industrial action, that there will be consequences. They are well aware. They do the job every day, they know the impact, and that is why they always take these matters very seriously.
The central point that the Bill will lead to more industrial action is counterintuitive, given that we are, in the main, reversing provisions of the 2016 Act. As we know, there has been more industrial action in recent years than there has been for decades. Perhaps there is not a cause and effect relationship between that and the 2016 Act, but I would suggest that the evidence points to it.
Question put and agreed to.
Clause 54 accordingly ordered to stand part of the Bill.
Clauses 55 and 56 ordered to stand part of the Bill.
Clause 57
Industrial action: provision of information to employer
I beg to move amendment 167, in clause 57, page 69, line 16, leave out “seventh” and insert “twenty-first”.
This amendment would increase, from seven to 21 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action.
The amendment would increase from seven to 21 days the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action. As we noted in the debate on the previous group, the Bill liberalises trade union law and repeals legislation passed by the last Conservative Government that brought some balance to the relationship between employers, the British public and trade unions. We think it is fair to require trade unions to provide 21 rather than seven days’ notice to employers that they plan to take industrial action, particularly given that the Bill repeals the minimum service levels legislation passed by the last Conservative Government to ensure sufficient levels of critical public services during strike action.
Given that the British public no longer have that protection, we think it is only fair that employers should have more time to prepare to mitigate some of the damage that occurs during strike action, particularly in vital public services such as ambulance and rail services. When strike action takes place, while of course employers have to prepare to mitigate its effect and put in place other steps to ensure that people still get their healthcare, education or critical services such as transport, the general public also need to make considerable preparations. Preparing properly and putting in place other ways of doing things often cannot be done at the last minute.
I would rather the minimum service levels legislation remained in place and, indeed, was strengthened, but when there is strike action on the railway, for example, it takes place at the drop of a hat—I consider seven days’ notice as at the drop of a hat. I think of the number of children in my constituency who get on at Wendover and Stoke Mandeville stations to travel to Dr Challoner’s grammar school in Amersham, and the number of my constituents who rely on the railway to get to hospital appointments, often in London. Some 7% of Buckinghamshire cancer referrals are to Mount Vernon, which is within London, and most of my constituents who go there for chemotherapy try to travel by train. To put in place a different route to that key chemotherapy appointment, or for parents to mitigate against or make different arrangements for their child to get to school, takes more than a handful of days.
I appeal to the Government to listen to us on what I argue is a moderate and reasonable amendment. Increasing the time limit would give people a fighting chance to put in place different ways of getting to their hospital appointment and getting their kids to school.
I will come up with another example when the hon. Member for Birmingham Northfield is finished.
I thank the shadow Minister for giving way; he has been characteristically generous in the number of interventions that he has taken. Can he name a single country that applies a limit of 21 days or more? Was it his intent to propose a limit higher than that which the International Labour Organisation Committee on Freedom of Association has found is consistent with freedom of association?
My straightforward and simple reply is that I want to get this right in the United Kingdom’s interest. No, I cannot name another country that has 21 days’ notice, but that does not mean we should not do it ourselves. It would give all our constituents a fighting chance to find a way through the challenges that they face when there are train strikes, doctors’ strikes and industrial action in our schools. It would help them to find alternative provision to ensure that their children are looked after, so that they themselves can still go to work and meet their commitments. It would ensure that life can still go on around strikes, particularly in critical services such as healthcare and education, which I am sure no Member of the House wants their constituents to be denied; I certainly do not. I could easily propose a period longer than 21 days, but I have not done so in the interests of trying to reach a compromise and appealing to the Minister’s better instincts. I want to get on the table something that we can work with and that gives all our constituents a fighting chance.
As the shadow Minister eloquently set out, amendment 167 seeks to increase from seven to 21 days the notice that a trade union must give an employer of industrial action after it has secured a ballot mandate and before any such action is taken. As we know, the Trade Union Act 2016 brought in a requirement for unions to provide 14 days’ notice to employers. As we are committing to repealing the 2016 Act through this Bill, it stands to reason that if the clauses are agreed to, the seven-day notice period that was required prior to the 2016 Act will apply in its place.
We want to reset the relationship with both employers and unions to resolve disputes through meaningful negotiations. Far from supporting the economy, the effect of the legislation in recent years has been an increase in strikes. In 2023, close to 2.7 million working days were lost to strikes, up from 2.5 million in 2022. Both those figures were the highest since the 1980s.
However, we recognise the importance of striking a balance between allowing for effective strike action and ensuring that employers can reasonably prepare. That is especially important in public services such as the NHS, as the shadow Minister has mentioned, where managers need adequate time to plan for periods of industrial action, and that includes adequate time to agree patient safety mitigations with unions. That is why we have given employers, workers, and trade unions the opportunity, through a consultation, to comment on what notice of industrial action should be provided to employers. That consultation closed on 2 December 2024 and our response will be published in due course.
It seems to me that the shadow Minister’s proposal of a 21-day period is effectively a finger-in-the-air job rather than something considered. If he had tabled an amendment to keep it at 14 days, that would at least have been consistent with his party’s previous position. His statement that it is important to change this in the light of the repeal of the minimum service levels legislation is slightly erroneous given that, to our knowledge, no one has ever actually used the provisions of that Act. When we consider the consultation responses, we will look at whether there is a case for changing the length of the notice period from seven days. I therefore suggest that the amendment is unnecessary, and I ask the shadow Minister to withdraw it.
I accept the Minister’s point about where precisely the number of days should sit. I slightly take issue with him when he says that the 21-day proposal was a finger-in-the-air job. Most people would describe that three-week window as a reasonable notice period to enable people in many walks of life to make plans, such as alternative provision for childcare.
If the Minister is offering up 14 days, we might well take him up on that, but I suspect he is teasing us rather than making a firm offer. Therefore, we stick with our belief that all our constituents deserve fair and reasonable time to plan and make provision in their daily lives to mitigate against strike action and industrial action, which have such a devastating impact on our economy and on people’s healthcare and their children’s education. We wish to see amendment 167 in the Bill, and we will press it to a Division.
Question put, That the amendment be made.
I will not detain the Committee long, because we have kind of had the debate already. Clause 57 seeks to repeal section 8 of the Trade Union Act 2016 by amending section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992. This will revert the notice period that trade unions need to provide, after securing a successful mandate, from 14 days to seven days.
As I have said, the Government are committed to modernising employment laws, striking a balance between enabling effective industrial action and ensuring that employers can reasonably prepare for such action. We have sought views on what notice period is suitable for modern working patterns and practices through a formal consultation, which closed last month, and we will be reporting on its outcome in due course. I commend the clause to the Committee.
The bulk of the argument to be had on the clause was made in the debate on amendment 167. The Opposition still believe that the time period stated in this clause is insufficient to enable real people to plan. I therefore urge the Government to go back and consider this, and to see what more reasonable compromise they might be willing to offer our Great British public on Report.
Question put and agreed to.
Clause 57 accordingly ordered to stand part of the Bill.
Clause 58
Union supervision of picketing
Question proposed, That the clause stand part of the Bill.
The clause seeks to reverse the effect of section 10 of the Trade Union Act 2016, thereby removing the requirement under section 220A of the Trade Union and Labour Relations (Consolidation) Act 1992 for trade unions to appoint a picket supervisor and to meet other bureaucratic and administrative burdens in relation to the supervisor, such as taking reasonable steps to provide their name to the police. As the period of disruption between 2022 and 2024 has shown, administrative requirements and bureaucratic hurdles do not prevent strikes; they only make it more difficult for trade unions to engage in good faith negotiations with employers. These changes will bring trade union law into the 21st century and fix the foundations for industrial relations that have not delivered for workers, employers or unions in decades, costing the economy £3.3 billion in lost productivity in the last two years alone.
The Government recognise that regulations governing picketing lines are important, however. That is why the Bill repeals only those measures introduced by the Trade Union Act 2016 in relation to the role of the picket supervisor. Other legislation and an amended code of practice on picketing will remain in place. We are returning the law on picketing to what it was prior to 2016, when I believe that it was working well and was clearly understood by all parties. I therefore commend clause 58 to the Committee.
I will not take much of the Committee’s time on this. The Opposition do not understand why the Government wish to remove perfectly sensible measures from the statute book, other than that the trade unions have clearly demanded that the change be made. It does not seem proportionate or reasonable to us, and we think that those picket supervisors should instead remain on the statute book, as they are the status quo.
Our view was that the legislation was not required when it was introduced in 2016. There was no evidence at the time that there were issues with picketing, and there was already a code of practice in place to deal with abuse and intimidation on picket lines. Therefore, we believe that reverting to the pre-2016 position, when in most people’s opinion everything was working as it should, is an entirely reasonable move.
Question put and agreed to.
Clause 58 accordingly ordered to stand part of the Bill.
Clause 59
Protection against detriment for taking industrial action
Amendment made: 83, in clause 59, page 71, line 4, leave out “three” and insert “six”.—(Justin Madders.)
This amendment would increase the time limit for bringing proceedings under the new section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 from three months to six months.
I beg to move amendment 166, in clause 59, page 72, line 21, at end insert—
“236E Actions short of a strike: exemption
(1) The right of a worker not to be subjected to detriment under section 236A does not apply in cases where the worker is involved in one or more of the following activities—
(a) intimidation at picket lines;
(b) protests organised by trade unions in furtherance of a dispute—
(i) at the premises of a company;
(ii) at the private residences of senior managers; or
(iii) at the premises of other organisations that are connected with the dispute;
(c) harassment or bullying of non-striking workers, or those who are covering for striking workers;
(d) victimisation or harassment of senior managers; or
(e) action aimed at damaging property or disrupting business contingency planning.
(2) The Secretary of State must ensure that the circumstances under subsection (1), in which the right of a worker not to be subjected to detriment do not apply, are set out in a code of practice.”
This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances.
Amendment 166, which was tabled in my name and those of my hon. Friends the Members for West Suffolk, for Bridgwater and for Mid Leicestershire, would disapply the right not to suffer detriment as a result of industrial action in certain circumstances. This amendment is designed to target what has become known as leverage, which is action taken by a trade union other than traditional industrial action to put pressure on an employer to settle a dispute or meet various demands. When describing leverage in the context of the Grangemouth dispute, Unite said:
“Leverage targets all areas of weakness of an employer, group of employers or sector—both direct and indirect. Leverage is an extension of the understanding that ‘weight of argument’ does not change the position of an employer. Leverage analyses what will change the position of the employer. Leverage is the translation of an organising mind-set into the planning and implementation of a campaign strategy, underpinned by the escalation of pressure to create uncertainty.”
Those are not my words, but the words of a spokesperson for Unite the union. Unite was also of the view that in a leverage campaign
“the employer is routinely treated as a target to be defeated not a friend to be convinced.”
I am not sure that is the good faith relationship between trade union and employer that Labour Members have tried to paint as the normal back and forth between the two. I would certainly condemn as unacceptable any relationship between a trade union and an employer in which
“the employer is routinely treated as a target to be defeated not a friend to be convinced”.
That is not good faith.
Even if I accepted the hon. Gentleman’s perspective, which I do not, does he accept that there are some issues with the amendment as drafted? For example, subsection (1)(b)(i) is about protests organised by trade unions in furtherance of a dispute at the premises of a company. I have been part of protests at the premises of a company that were not on land owned by the company but were immediately adjacent, on the public highway. If that were tested in court, that could conceivably fall under the definition of “at”.
Similarly, the amendment seeks to carve out an exemption to the protection of protests at the private residences of senior managers. Conceivably, protests could be organised outside the home of a middle manager or someone lower down the organisational structure. I am sure that is not what the hon. Gentleman is seeking to achieve.
I welcome the hon. Gentleman’s constructive approach. If he accepts the principle of what we are saying, we will work with the Government to polish it, and to ensure the amendment gives the maximum protection and protects junior managers as well as senior managers, and land adjacent to a premise that may not be owned or leased by the company. I will happily work with him and the Minister in a constructive tone to ensure the protections against leverage are as strong as possible. I will happily withdraw the amendment if the Minister commits the Government to working with us and coming up with a stronger amendment on Report that will stamp out the practices I have outlined. I dare say that we will see in a few moments whether he does so.
I think it would be helpful if I set out why we are seeking to address the issue of detriment within the Bill. The reason is that new section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 is required because of the Supreme Court’s ruling in April 2024 that section 146 of the 1992 Act is incompatible with article 11 of the European convention on human rights, because it fails to provide any protection against detriments intended to deter or penalise trade union members from taking part in lawful strike action organised by their union. Hopefully, Members will accept as a starting proposition that we cannot continue to be in breach of our international obligations under the ECHR.
The intention is to rectify that situation by inserting new section 236A into part V of the 1992 Act. This will provide that a worker has the right not to be subject as an individual to detriment of a prescribed description by an act, or any deliberate failure to act, by their employer, if the act or failure to act takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so. The prescribed detriments will be set out in secondary legislation following consultation, which will take place after the Bill gains Royal Assent.
The shadow Minister made some interesting points in his speech. However, his amendment seeks to prejudge the consultation on this issue. He made some valid points and I am sure that we will discuss this issue again in future, because there is a need for us to clarify what is considered a detriment, for the reasons that I have outlined.
Some of the examples that the shadow Minister gave are of things that are already catered for in the law. The protection from prescribed detriment only applies where the sole or main purpose of an act or a failure to act is to subject the worker to detriment, to prevent them from or penalise them for taking protective industrial action. For example, if a worker is subjected to detriment solely because, for example, they have damaged property, the protection would not apply. That is the existing position.
Of course the criminal law would still apply to pickets, just as it applies to everyone else, so no person involved in activities associated with pickets or organising pickets has any exemption from the provisions of the criminal law as it applies, for example, to prevent obstruction and preserve public order, or to regulate assemblies or demonstrations. There is already a relevant code of practice in place for that. Consequently, although I understand the points that the shadow Minister is making, I say to him that this issue will be dealt with in detail in a forthcoming consultation. I therefore ask him to withdraw his amendment.
The Minister raised the Fiona Mercer case, which was brought by Unison. As he said, the final judgment in that case found that new protections are needed to prevent the victimisation of workers who undertake lawful industrial action. Can he confirm that, as a result of the changes that we are making here today, the UK should now be compliant with international law?
My hon. Friend is correct. That is indeed the purpose of the—well, we will get to the clause stand part debate shortly, when we will hopefully deal with that issue. However, this measure is about dealing with a particular ECHR judgment. Therefore, as I say, I ask the shadow Minister to withdraw his amendment.
I understand the point that the Minister makes about prejudging any consultation, notwithstanding the points he makes about international obligations, but this is one of those areas where we have a particular identified problem in leverage that is not being challenged. I should be grateful if the Minister would provide further detail, not in Committee this afternoon but perhaps in writing, on where he thinks that protections exist around this.
From our perspective, it looks very much like this practice is happening and there are no protections against it. If there are protections against it, they are not being enforced. If they are not being enforced, there needs to be a mechanism to enable and allow that enforcement to take place. In good faith, I will withdraw the amendment for now and reserve the right to bring it back on Report, but notwithstanding some of the legitimate points made by the Minister, it is incumbent on us to properly stamp down on this practice and see it as very separate and distinct from the more traditional form of industrial action—strike action. The public understand that in a way that means that there would be even less sympathy when it comes to leverage. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause, as amended, stand part of the Bill.
We touched on this in our debate on the shadow Minister’s amendment. Clause 60 addresses the Supreme Court ruling made in April 2024 that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 is incompatible with article 11 of the European convention on human rights, in so far as it fails to provide any protection against detriments intended to deter trade union members from or penalise them for taking part in lawful strike action organised by their union. Clause 59 therefore amends the 1992 Act by inserting new section 236A into part V of the Act.
New section 236A provides that a worker has the right not to be subject as an individual to detriment of a prescribed description by an act, or any deliberate failure to act, by the worker’s employer if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action or penalising the worker for doing so. The prescribed detriments will be set out in secondary legislation following consultation, which will take place after Royal Assent of the Bill. I will write to the shadow Minister with further detail on that in due course. However, the power in the Bill enables the Secretary of State to prohibit all detriments in secondary legislation should that be the preferred approach following consultation. Employers will continue to be able to deduct pay from workers in proportion to hours taken by strike action.
If a worker or former worker believes that they have been subject to a detriment by an employer in contravention of new section 236A, they may present a complaint to an employment tribunal within six months of the detriment occurring, or later if the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that time period. On complaint to the employment tribunal, it is for the employer to show what was the sole or main purpose for which the employer acted or failed to act. If the tribunal finds that the complaint is well-founded, it must make a declaration to that effect and may make an award of compensation to be paid by the employer. The approach taken in the Bill addresses the ruling by the Supreme Court and, once the relevant secondary legislation has been made, will ensure that our legislation is compatible with the ECHR and ensure that protections against some forms of detriment for trade union representatives and members extend to industrial action.
Section 238A of the Trade Union and Labour Relations (Consolidation) Act currently provides that workers can claim unfair dismissal if they are dismissed for taking protected industrial action and the dismissal takes place within 12 weeks of the worker starting the industrial action. The strike action could be intermittent rather than continuous. The worker will also be automatically regarded as unfairly dismissed if they are dismissed after the 12-week period but had stopped taking action before the end of that period or the employer had not taken reasonable steps to resolve the dispute. Industrial action is protected if it is official action for which the union has immunity under section 219 of the 1992 Act.
Clause 60 amends section 238A of the 1992 Act so that protection against dismissal will apply whatever the length of the strike action. Should the employer wish to dismiss an employee as a result of a long-running protected industrial action, the dismissal would have to be for reasons other than participating in industrial action. The clause also makes consequential amendments to sections 229 and 238B of the 1992 Act and sections 26 to 28 of and schedule 1 to the Employment Relations Act 2004. I commend the clauses to the Committee.
We debated clause 59 at length in the debate on amendment 166, so I will not dwell on it further, but I am grateful for the Minister’s commitment to write to me on the provisions around leverage.
I will focus my remarks on clause 60 and the removal of provision for a 12-week protected period, with the result that the period would be extended indefinitely. I worry about the potential to create a bit of a lawyers’ charter, where someone will for evermore be challenged, if they are dismissed, on whether it was because they once took part in some form of industrial action. There needs to be some protection and commitment around that, to ensure that employers who have a legitimate reason for dismissing an employee that is not related to their participation in industrial action, are still able to dismiss the employee without fear of industrial action and of constantly being dragged back by lawyers, or potentially trade union representatives, seeking to exploit the removal of the 12-week period.
I accept that this is a niche and hypothetical point, but so much of the law and regulation that we pass in this place can be open to pretty wide interpretation. I think it is important, during line-by-line scrutiny of the Bill, that commitments are made by the Minister that the courts can look back on in years to come to see the true meaning of what the Government are trying to bring about with clause 60. Without those commitments, which in my opinion can be given verbally as part of the debate, some might find themselves in a very sticky spot.
It is a pleasure to serve under your chairmanship once again, Sir Christopher. I know that the shadow Minister likes us to draw attention to our union membership, so I again draw attention to my membership of Unison.
I welcome clause 59 because it addresses the critical issue of protecting workers taking part in industrial action, ensuring that they are safeguarded not just against dismissal but against other forms of detriment. As my hon. Friend the Member for Birmingham Northfield has previously mentioned, the case of Fiona Mercer, a care worker suspended after participating in legal industrial action, highlights why the reforms are needed. Like so many care workers, Fiona dedicated her career to supporting some of the most vulnerable in our society—in Fiona’s case, adults with learning difficulties. Yet she faced suspension for standing up for fair pay and better conditions. Her case is a pertinent reminder of the vulnerabilities faced by workers in critical sectors such as social care when their legal rights are not adequately protected.
Therefore, I welcome the clause’s introduction of protections against detriment, ensuring that employers cannot punish workers like Fiona for exercising their right to strike. This provision is essential to safeguard the ability of care workers and others to advocate for fair treatment without fear of suspension, demotion or other retaliatory measures. The removal of the arbitrary 12-week protected period for unfair dismissal means that workers like Fiona can continue to fight for justice without compromising on protections.
I will start by recognising the contribution of my hon. Friend the Member for Scarborough and Whitby; the reason we are debating this clause is the case of Fiona Mercer and the quest for justice that my hon. Friend highlights. I will try to put the shadow Minister’s mind at ease about lawyers’ charters. As a former employment lawyer, I stand in the peculiar position of not wanting to see matters go to tribunal if we can avoid it. If we can resolve things before they get to that stage, it is always better. His fears are misplaced about the likelihood of creative lawyers going back many months or even years to link a particular dismissal to a period of industrial action.
There are many other potential claims that people can bring that relate to an act or something they may have done; whistleblowing is a very good example of that. Clearly, the further it is from the protected act and the dismissal, the harder it is to show that there is a connection, particularly, as will probably be the case for most dismissals that take place many months or years after the initial action, if there is an intervening event that causes the dismissal to take place. We do not want to get into the details of what those may be, but there are many intervening reasons why a dismissal might take place that have nothing to do with industrial action, but these are matters of law and fact for a tribunal to determine. We need to move away from a situation where we could have a particularly unscrupulous employer who wished to take advantage of the current law and seek to dismiss those who took part in industrial action 12 weeks and one day after that action had finished. That is not a state of affairs we want to defend.
Question put and agreed to.
Clause 59, as amended, accordingly ordered to stand part of the Bill.
Clause 60 ordered to stand part of the Bill.
Clause 61
Repeal of provision about minimum service levels
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
New clause 27—Section 61: impact assessment—
“(1) The Secretary of State must carry out an assessment of the likely impact of section 61 of this Act on the ability of the services listed in section 234B(4) of the Trade Union and Labour Relations Consolidation Act 1992 to provide minimum service levels during strike action.
(2) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”
This New Clause requires the Secretary of State to assess the impact of the provisions of Clause 61.
Amendment 133, in clause 118, page 105, line 20, at end insert—
“(3A) But no regulations under subsection (3) may be made to bring into force section 61 of this Act until the findings set out in the report under section [section 61: impact assessment] have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”
This amendment is linked to NC27.
The clause seeks to repeal the Strikes (Minimum Service Levels) Act 2023, which provides powers for the Government to make regulations to set minimum service levels during strike action in some essential services. The previous Government introduced regulations to implement minimum service levels in rail, border security, fire and rescue, and ambulance services. No work notice, however, has ever been issued by an employer to require individuals to work to meet the minimum service level during strike action. This demonstrates the futility and misguided approach of the Act and I urge Members to support its repeal. Minimum service levels unduly restrict the right to strike and undermine good industrial relations. As a result, our plan—it is a clear manifesto commitment—pledged to repeal the Act to give trade unions the freedom to organise, represent and negotiate on behalf of their workers.
The clause amends the Trade Union and Labour Relations (Consolidation) Act 1992. Subsection (1) repeals provisions of the 1992 Act as inserted by section 1 of the Strikes Act, with sections 234B to 234G falling away. A number of further amendments are made by the clause to the 1992 Act to reverse other changes made by the Strikes Act. As a result, all associated powers, regulations, provisions and defined terms related to minimum service levels will also fall away. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and repealing the Strikes Act will help us to achieve that.
I will now turn to new clause 27 and amendment 133, which were tabled by the hon. Member for Mid Buckingham- shire. The Government will not support his proposals, which unnecessarily ask for an assessment of the ability of essential public services to provide minimum service levels during industrial action, and to lay a report containing the findings before the House. The Government have already produced a comprehensive set of impact assessments, including an assessment covering the repeal of the Strikes (Minimum Service Levels) Act 2023. This was published alongside the Bill at Second Reading and is based on the best available evidence about the potential impact on business, workers and the wider economy. The assessment is hamstrung by the fact that the Act has never been implemented, so we are in some difficulty in seeing whether there was an impact from it.
The analysis we undertook, however, included labour market and broader macroeconomic analysis, including sectoral analysis on industries providing essential services, potential influence on collective bargaining and dispute resolution processes, while also addressing the balance between employer needs and union representation. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and believe that the Act was a hindrance to doing so. I therefore ask the shadow Minister not to move his new clause or amendment.
I will focus my remarks predominantly on new clause 27 and amendment 133, which stand in my name and those of my hon. Friends. New clause 27 would require the Secretary of State to assess the impact of clause 61, which, as the Minister outlined, repeals legislation passed by the last Conservative Government that implemented minimum service levels in vital public services during periods of strike action. Amendment 133 would specify that regulations could not be laid to repeal minimum service levels legislation until the reports required by new clause 27 had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.
We think that is fundamentally right because, with no justification or explanation, the Government will repeal legislation designed to ensure that, during a strike, levels of service are maintained to ensure public safety. We consulted on minimum levels of service for the ambulance service, fire and rescue services and passenger rail services during the last Parliament. It is an important principle that members of the public, who pay through their taxes for lifesaving public services such as ambulance and fire services, should be able to rely on those services at all times, including when members of those services choose to take strike action. Equally, members of the public depend on rail services and in many cases will have already paid for them through season tickets. They have a right to an acceptable level of service, even when members of unions decide to take strike action.
Therefore, before the Government can commence the repeal of the minimum service levels legislation, we think it is only right that the Secretary of State should demonstrate and reassure the House that, in the sectors that the Conservatives specified as suitable for requiring minimum service levels during strike action—to recap, because I think it is important that we get this back on the record, those are health services, fire and rescue services, education services, transport services, services involved in the decommissioning of nuclear installations and management of radioactive waste and spent fuel, and border security—minimum levels of acceptable service can be provided to the public. I make that point not on a whim, but as a matter of public safety and public convenience, and I would be grateful for reassurance from the Minister on it.
If I may humanise it for a moment, this is not about simply saying that people should not be allowed to strike, or taking away rights or anything, although I am sure it will be painted as that; it is about expanding an established custom and precedent in this country about certain sectors, such as the police, being unable to strike. My father was a police officer for 31 years before he retired. We have always accepted as a country that the police should not be able to strike, because they are there for the fundamental purpose of public safety. We know that when we need them, they will be there and available. The same core public service, which we all pay for through our taxes, is provided by the other professions I outlined, not least fire and rescue services, border security and the niche but important services involved in the decommissioning of nuclear facilities, and there absolutely must be minimum service levels there too. Any one of us could need an ambulance at any point at no notice. Whether or not that minimum service level is in place is quite literally the difference between life and death. This is a serious issue.
The Labour party has always been opposed to minimum service levels. It opposed the legislation in the previous Parliament, and through this clause it is taking the quickest action possible to repeal it. I urge Labour Members to consider the practical, life-and-death consequences of not ensuring minimum service levels for fire, ambulance and border security services. If they have issues with some of the detail of the minimum service levels legislation, they should by all means strengthen it, but it would be simply negligent to allow the minimum service levels to drop and to leave any of our constituents—even just one—in a position of potentially life-and-death danger by repealing the legislation.
I understand the points that the shadow Minister has made, but they would carry rather more weight if we had seen the minimum service levels Act operate in practice. The reality is that not a single day of industrial action has been prevented as a result of that legislation. The Government’s own impact assessment at the time indicated that it would have a detrimental impact on industrial relations, and the increase in strike days in the past couple of years has proved that to be the case.
It is also true that all the public sector bodies the shadow Minister referred to that are covered by the Act had voluntary arrangements in place to ensure that there was no endangerment to life. Trade unions and their members have and always will work with employers during periods of industrial action to ensure that life is not endangered. That is absolutely right. Indeed, there is potential criminal liability for those who do not. The evidence given by all at the time—including employers, who saw that the legislation was designed to drive a wedge between employers and trade unions—was that the existing voluntary arrangements worked and ensured that vital services were able to continue during periods of industrial action.
The minimum service levels Act drove a coach and horses through decades of agreement and understanding about how sensitive issues were dealt with during periods of industrial action. The proof is in the pudding: the fact that the Act was never used by any of the organisations that were empowered to use it shows that it was simply a bad piece of legislation, done purely for cosmetic political purposes, and had no meaningful impact. Therefore, its repeal will have no impact on the issues the shadow Minister has raised. I commend the clause to the Committee.
Question put and agreed to.
Clause 61 accordingly ordered to stand part of the Bill.
Clause 62
Annual returns: removal of provision about industrial action
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Clauses 63 to 69 stand part.
New clause 44—Certification Officer: growth duty—
“When discharging its general functions, the Certification Officer must, so far as reasonably possible, act in such a way as to advance the following objectives—
(a) the international competitiveness of the economy of the United Kingdom; and
(b) its growth in the medium to long term.”
This new clause would require the Certification Officer to advance the objectives of the international competitiveness of the economy and its growth in the medium to long term.
Clause 62 seeks to reverse the effect of section 7 of the Trade Union Act 2016. It will remove the additional reporting requirements imposed on trade unions for their annual returns to the Certification Officer regarding details of industrial action taken during the reporting period. Specifically, trade unions will no longer be required to include information on any industrial action taken during the reporting period, the nature of the trade dispute relating to the industrial action, the type of industrial action taken or when it was taken, or confirmation that the relevant thresholds covering industrial action ballots have been met. Additionally, trade unions will no longer be required to include information regarding the results of industrial action ballots—for example, the number of votes cast and the number of those who voted yes or no.
Subsection (1) removes section 32ZA from the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out the additional reporting requirements on trade unions. Trade unions will still be required to submit an annual return to the Certification Officer. However, the amount of information they will be required to include will be reduced. By removing these additional administrative burdens on trade unions, we are freeing up their time to engage in bargaining and negotiation with employers and allowing them to devote more time to representing their members’ interests.
Clause 63 seeks to repeal amendments made to the 1992 Act by section 12 of the Trade Union Act 2016 and thereby remove the requirement for trade unions to include political fund expenditure in their annual return to the Certification Officer. Currently, this information must be provided where a union spends more than £2,000 per annum from its political fund. Subsection (2) removes section 32ZB from the 1992 Act, which sets out the information to be included in a union’s annual return on political expenditure.
Other subsections of clause 63 make other amendments to the 1992 Act that are consequential on the removal of section 32ZB, including as to its enforcement and its application to employers’ associations. Section 12 of the 2016 Act itself is repealed by subsection (7). Trade unions will still have to report to the Certification Officer on their income and expenditure. That includes reporting on the income and expenditure of the political fund. Moreover, all political parties will still be subject to the reporting requirements in the Political Parties, Elections and Referendums Act 2000, which requires certain donations and loans to be recorded and reported to the Electoral Commission.
Clause 64 seeks to repeal the remainder of the effect of section 18 of the 2016 Act. It removes the power of the Certification Officer to publicise a trade union’s failure to include the required industrial action data in its annual return. Clauses 62 and 63 remove the requirement for trade unions to include details of industrial action and political expenditure in their annual returns, so there is clearly no need for the Certification Officer to retain powers to enforce such a requirement.
Enforcement relating to details of political expenditure is addressed in clause 63, and enforcement relating to details of industrial action in clause 64. Therefore, clause 64(2) removes section 32ZC of the 1992 Act, thereby removing the powers of the Certification Officer to enforce the additional annual return requirements relating to industrial action. The Certification Officer will retain the powers to enforce the remaining annual return requirements in relation to a union’s financial affairs and governance.
Clause 65 seeks to reverse the effect of section 17(1) and (2) of the 2016 Act, which inserted schedule A3 to the 1992 Act. It will repeal the enhanced investigatory powers of the Certification Officer, including the power to launch investigations by inspectors, the ability to compel trade unions to produce documents, and the related powers of enforcement. Schedule A3 to the 1992 Act sets out the details of the Certification Officer’s investigatory powers as introduced by the 2016 Act.
Clause 65(5) removes section 256C of the 1992 Act and subsection (6) removes schedule A3 from the 1992 Act. Subsections (2), (3) and (4) make more minor amendments that relate to the removal of schedule A3. Consequentially, subsection (7) removes section 17(1) and (2) of the 2016 Act, and schedule 1 to that Act, and makes further minor amendments to schedule 4 to that Act and to section 43 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.
The enhanced powers created by the 2016 Act were unnecessary. There was no evidence of regulatory failure, and unions have consistently complied with their statutory obligations in relation to their finances, governance and reporting requirements. Since their introduction, the Certification Officer has never used those additional powers. Removing onerous regulatory burdens from trade unions is part of the Government’s commitment to bringing in a new era of partnership that sees employers, unions and Government work together in co-operation and through negotiation.
Clause 66 seeks to remove the powers of the Certification Officer to investigate trade unions proactively without first having received a complaint from a member of that trade union. Those powers were added to various provisions of the 1992 Act by schedule 2 to the 2016 Act. The enhanced investigatory powers created by the 2016 Act were unnecessary. There was no evidence of regulatory failure, and unions have consistently complied with their statutory obligations in relation to their finances, governance and reporting requirements. In fact, since their introduction, the Certification Officer has never used those additional investigatory powers either.
Subsections (2) to (9) of clause 66 remove the ability for the Certification Officer to proactively investigate a range of issues, reverting to the position pre-2016, when the Certification Officer could only consider and act upon a complaint from a member. Trade unions are voluntary associations, run by and for their members. We are returning the Certification Officer’s role to one of adjudicating when it receives members’ complaints in relation to a union.
Clause 67 seeks to reverse the effect of section 19 of the 2016 Act to remove the ability of the Certification Officer to impose financial penalties on trade unions. The previous Government presented no evidence as to why the Certification Officer needed those additional powers. Since they have come into force, no financial penalties have been imposed on any trade union.
Schedule A4 to the 1992 Act sets out the detail of the power to impose financial penalties. Clause 67(2) removes section 256D of the 1992 Act, which gave effect to the schedule, and subsection (3) removes the schedule. As a result, the clause removes subsections (1) to (3) of section 19 of the 2016 Act and schedule 3 to that Act. The Certification Officer will retain the power to issue enforcement orders, and if those orders are not complied with, the union may be found in contempt of court.
Clause 68 will repeal sections 257A and 258(1A) of the 1992 Act, as inserted by section 20 of the 2016 Act. That will remove the levy charged by the Certification Officer on employers’ associations and trade unions. Furthermore, the Certification Officer will no longer be required to report on the levy as part of its annual report to Parliament. The levy is an impediment to the rights of voluntary associations, and it attracted criticism from international bodies, including the International Labour Organisation.
Clause 68(2) removes section 257A of the 1992 Act, which sets out the requirements for a levy to be paid to the Certification Officer by trade unions and employers’ associations. Subsection (3) removes the requirement in section 258(1A) of the 1992 Act for the Certification Officer to report on the levy. The Government believe that we should interfere as little as possible in the activities of social partners, which are voluntary associations.
Clause 69 seeks to reverse the changes made by section 21 of the 2016 Act to the 1992 Act so that the right of appeal against decisions of the Certification Officer to the Employment Appeal Tribunal is on questions of law only, rather than on questions of law and fact. That brings the appeals process back in line with the position before the 2016 Act and with many other enforcement bodies of employment law. For example, appeals against the decisions of employment tribunals are considered only on points of law, not points of fact. I hope hon. Members were keeping up with that; I shall be asking questions later.
New clause 44 would place a new duty on the Certification Officer, the regulator of trade unions and employers’ associations, by requiring it to advance the objectives of the international competitiveness of the economy and its growth over the medium to long term when carrying out its statutory functions.
It is helpful at this stage to set out the role of the Certification Officer. It has been the regulator of trade unions and employers’ associations since 1975 and not only carries out regulatory functions, but has administrative and supervisory functions and a significant quasi-judicial function, where it adjudicates on complaints raised by trade union members and other parties. As part of our repeal of the provisions of the Trade Union Act, we will be repealing the Certification Officer’s enhanced investigatory and enforcement powers and the levy imposed on trade unions and employers’ associations. As such, we will be returning the role much to what it was before the Trade Union Act was implemented.
The Certification Officer’s primary role is to ensure that both unions and employers’ associations adhere to the statutory requirements in relation to their finances and governance that Parliament has decided they are required to observe. Its statutory functions are to maintain lists of trade unions and employers’ associations; determine complaints from union members against their unions relating to alleged breaches of statutory duties and some other types of union rules; determine union independence; ensure that annual returns are made; supervise mergers, political fund ballots and members’ superannuation schemes; and investigate alleged financial irregularities and breaches in relation to trade union membership. The Certification Officer therefore has no locus in relation to industrial action and no role in making assessments of how unions and employers’ associations impact the economy. It has no economists or statisticians on its payroll.
In view of the Certification Officer’s functions and role, the new clause is not appropriate. It is not clear how the Certification Officer, in making decisions on whether a union or employer association has breached its statutory obligations, will act to advance the objectives of international competitiveness of the economy and its growth in the medium to long term. Hopefully the shadow Minister will set out how that would work in practice, because it is not obvious to me how the Certification Officer could take those factors into account when determining the statutory obligations that unions and employers’ associations have to observe under Acts of Parliament. For that reason, I ask him not to press his new clause, and I commend clauses 62 to 69 to the Committee.
I congratulate the Minister on his marathon run through clauses 62 to 69. I will focus my comments particularly on new clause 44, which, as the Minister has outlined, would require the Certification Officer to advance the objectives of the international competitiveness of the economy and its growth in the medium to long term.
I am grateful to the shadow Minister for taking slightly less time than I did on this grouping. For the record, I am fully supportive of the Prime Minister’s action plans, milestones, missions and all other types.
I am afraid that would be out of scope of the Bill Committee. I hear what the shadow Minister says. His essential argument is that we should be able to judge the actions of trade unions in terms of the damage or disruption they cause to the UK economy. Of course, we want to see growth and we want to see industrial action minimised. We believe that by having a more harmonious set of industrial relations, we will see that.
Unfortunately, the shadow Minister’s new clause really mischaracterises the Certification Officer’s role. He is not, as the hon. Gentleman said, there to preside over strikes; he is there to preside over the governance, finances, reporting requirements and statutory obligations of trade unions and employers’ associations—I noted that the hon. Gentleman did not mention employers’ associations. The Certification Officer is not there to preside over industrial disputes and strikes. There are courts to intervene if a party feels aggrieved about the way industrial action has been observed, whether lawfully or not. I can see the intention of the new clause: the shadow Minister wants the Government to succeed in their growth mission. We all do, but I do not think the Certification Officer is the right or appropriate vehicle for that to take place.
Question put and agreed to.
Clause 62 accordingly ordered to stand part of the Bill.
Clauses 63 to 69 ordered to stand part of the Bill.
Clause 70
Regulations subject to affirmative resolution procedure
Question proposed, That the clause stand part of the Bill.
The clause amends section 293 of the Trade Union and Labour Relations (Consolidation) Act 1992, with which I am sure all Members are now very familiar, to require that regulations made under the following new sections of the 1992 Act are subject to the affirmative resolution procedure. This therefore will apply to the following regulations: section 70ZC, on access agreements, response period and negotiation period; section 70ZE, on access agreements and the period to make an application to Central Arbitration Committee; section 70ZF, on access agreements and determinations by the Central Arbitration Committee; section 70ZI, on the enforcement of access agreements and the maximum penalty; and section 236A, on detriment for taking industrial action. Any other regulations made under section 293 will continue to be subject to the negative resolution procedure. I therefore commend clause 70 to the Committee.
I will not detain the Committee with a commentary on this clause.
Question put and agreed to.
Clause 70 accordingly ordered to stand part of the Bill.
Clause 71
Devolved Welsh authorities
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
New clause 30—Repeal of Trade Union (Wales) Act 2017—
“The Trade Union (Wales) Act 2017 (anaw 4) is repealed.”
This new clause repeals the Trade Union (Wales) Act 2017.
We now turn to clause 71 and will resist Opposition new clause 30. Clause 71 is the final of the package of clauses to repeal the Trade Union Act 2016. It makes a consequential amendment to the Trade Union (Wales) Act 2017 following the repeal of the Trade Union Act 2016. Section 1 of the 2017 Act disapplied some of the provisions of the Trade Union and Labour Relations (Consolidation) 1992 Act, as introduced by the Trade Union Act 2016, from applying to devolved Welsh authorities. As the Trade Union Act 2016 and the relevant provisions of the 1992 Act are being repealed, section 1 of the 2017 Act is now redundant. There are also consequential amendments to the 1992 Act to remove the relevant references to devolved Welsh authorities.
New clause 30 seeks to repeal the Trade Union (Wales) Act 2017 in its entirety. Section 1 of this Act disapplies certain provisions of the Trade Union Act 2016 to devolved Welsh authorities. Repealing the Trade Union Act 2016 means that these provisions are no longer necessary. It is for that reason that we are repealing section 1 of the Trade Union (Wales) Act 2017 through clause 71 of this Bill. Section 2 of the 2017 Act is not impacted by the repeal of the Trade Union Act 2016. It prevents a devolved Welsh authority from using agency workers to replace striking workers. This Government support a prohibition on using agency workers to cover industrial action and therefore we are content to leave this in the Trade Union (Wales) Act 2017. New clause 30 is therefore unnecessary and I ask the shadow Minister to withdraw it. I commend clause 71 to the Committee.
I will focus my remarks on new clause 30, tabled in my name and that of my hon. Friends the Members for West Suffolk, for Bridgwater and for Mid Leicestershire. It is good to see the Minister in her place on her first outing in the Committee of the day, and as she said, new clause 30 would repeal the Trade Union (Wales) Act 2017. Prior to the 2017 Act, there was legal ambiguity in post-devolution case law of the degree to which trade union legislation was a reserved or devolved competence. Following the passage of the Trade Union Act 2016 in the UK Parliament, the Labour-led Welsh Government then passed Welsh legislation—the Trade Union (Wales) Act 2017—to disapply a number of trade union measures in Wales in relation to devolved public services. The Wales Act 2017 was subsequently passed with cross-party and cross-institution agreement, and re-established that industrial relations were a reserved competence.
The Conservative-led UK Government at the time pledged to unwind the Welsh Government’s Act and reapply the full 2016 Act to Great Britain following the passage of the Wales Act 2017. However, re-asserting such common trade union law across Great Britain would require primary legislation in the United Kingdom Parliament. Given that the Wales Act 2017 established industrial relationships as a reserved competence, we would like to understand when the Government intend to resolve the changes implemented by the Welsh Government’s Act, which disapplied some of our 2016 Act. I do not think it is an unreasonable ask of the Government that we seek to resolve through the new clause.
The point is very clear, isn’t it? In the legislation we are providing now, we are making the first part of the Trade Union (Wales) Act unnecessary, and therefore it is perfectly appropriate to put through a clause in this Bill to keep things in line with what we are doing across the UK. It is perfectly in order to have a clause that seeks to bring that particular legislation in line with the situation in which we now find ourselves.
On the second part of that legislation, as I have just said, that is already something on which we agree with the Welsh Government. We therefore see no particular reason why there should be a repeal of that legislation in the Bill, and we do not propose to do so. I suggest that the shadow Minister’s new clause is not necessary in the current Bill.
Question put and agreed to.
Clause 71 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Anna McMorrin.)
(2 days, 20 hours ago)
Public Bill CommitteesGood morning, everyone. Before we begin, I have a couple of preliminary announcements: Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.co.uk; please switch electronic devices to silent; and teas and coffees are not allowed during sittings. Date Time Witness Tuesday 7 January Until no later than 10.25 am Chief Medical Officers for England, Wales, Northern Ireland and Scotland Tuesday 7 January Until no later than 10.55 am Action on Smoking and Health; Action on Smoking and Health Scotland; Action on Smoking and Health Wales; Cancer Focus Northern Ireland Tuesday 7 January Until no later than 11.25 am Cancer Research UK; Asthma + Lung UK Tuesday 7 January Until no later than 2.40 pm Local Government Association; Association of Directors of Public Health; Professor Tracy Daszkiewicz, Executive Director of Public Health and Strategic Partnerships, Aneurin Bevan University Health Board Tuesday 7 January Until no later than 3.10 pm Royal College of Paediatrics and Child Health; Royal College of General Practitioners Tuesday 7 January Until no later than 3.30 pm National Trading Standards Tuesday 7 January Until no later than 3.50 pm British Retail Consortium Tuesday 7 January Until no later than 4.10 pm Department for Education’s Secondary Headteacher Reference Group Tuesday 7 January Until no later than 4.30 pm Medicines and Healthcare products Regulatory Agency Tuesday 7 January Until no later than 4.50 pm Professor Linda Bauld OBE, Bruce and John Usher Chair in Public Health, University of Edinburgh Tuesday 7 January Until no later than 5.10 pm Department of Health and Social Care
We will first consider the programme motion on the amendment paper. We will then consider a motion to enable the reporting of evidence for publication and a motion to allow us to deliberate in private about our questions before the oral evidence session. Given the time available, I hope that we can take those matters formally, without a debate. I call the Minister to move the programme motion, which was discussed yesterday by the Programming Sub-Committee for the Bill.
Ordered,
That—
1. the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 26 November 2024) meet—
(a) at 2.00 pm on Tuesday 7 January;
(b) at 11.30 am and 2.00 pm on Thursday 9 January;
(c) at 9.25 am and 2.00 pm on Tuesday 14 January;
(d) at 11.30 am and 2.00 pm on Thursday 16 January;
(e) at 9.25 am and 2.00 pm on Tuesday 21 January;
(f) at 11.30 am and 2.00 pm on Thursday 23 January;
(g) at 9.25 am and 2.00 pm on Tuesday 28 January;
(h) at 11.30 am and 2.00 pm on Thursday 30 January;
2. the Committee shall hear oral evidence in accordance with the following Table:
3. proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 16; Schedule 1; Clause 17 and 18; Schedule 2; Clause 19; Schedule 3; Clauses 20 and 21; Schedule 4; Clauses 22 to 40; Schedule 5; Clause 41; Schedules 6 and 7; Clauses 42 to 64; Schedule 8; Clause 65; Schedule 9; Clauses 66 to 84; Schedule 10; Clause 85; Schedules 11 to 13; Clauses 86 and 87; Schedules 14 and 15; Clauses 88 to 127; Schedule 16; Clauses 128 to 141; Schedule 17; Clauses 142 to 146; Schedule 18; Clauses 147 to 152; Schedule 19; Clauses 153 to 157; Schedule 20; Clauses 158 to 160; Schedule 21; new Clauses; new Schedules; Clauses 161 to 171; remaining proceedings on the Bill;
4. the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Thursday 30 January.—(Andrew Gwynne.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Andrew Gwynne.)
Copies of written evidence will be made available in the Committee Room and circulated to Committee members by email.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Andrew Gwynne.)
The Committee deliberated in private.
We are now sitting in public again and proceedings are being broadcast. Before we start putting questions to the witnesses, do any Members wish to make declarations of interest in connection with the Bill?
I am an NHS consultant paediatrician and a member of the Royal College of Paediatrics and Child Health.
My mother has some shareholdings in British American Tobacco, but that links to my parents’ having worked for Imperial Tobacco 50 years ago.
I am an officer of the responsible vaping all-party parliamentary group.
I declare an interest as an NHS transplant and vascular surgeon. My wife is a lung cancer doctor.
I declare an interest as a public health consultant and a member of the British Medical Association.
I declare an interest as a practising pharmacist. [Interruption.]
I cannot hear everything because of that noise, but I am co-chair of the all-party parliamentary group on smoking and health.
I declare an interest as vice chair of the APPG on smoking and health.
Examination of Witnesses
Professor Sir Chris Whitty, Sir Francis Atherton, Professor Sir Michael McBride and Professor Sir Gregor Ian Smith gave evidence.
Sorry about the distracting noise; we are trying to sort that out.
We will begin by hearing oral evidence from Professor Sir Chris Whitty, chief medical officer for England; Sir Francis Atherton, chief medical officer for Wales; Professor Sir Michael McBride, chief medical officer for Northern Ireland, who will participate via Zoom; and Professor Sir Gregor Ian Smith, chief medical officer for Scotland. We have until 10.25 am for this panel.
Q
Professor Sir Gregor Ian Smith: First of all, thank you to the Committee for inviting me to give evidence. I think this is an incredibly important step. I have been concerned—
I apologise, but I think people are struggling to hear over the noise; I certainly am. Could everyone enunciate more clearly and speak a little louder?
Professor Sir Gregor Ian Smith: First of all, thank you for the invitation to provide evidence. I think this is a really important step that we can take to protect children from vaping. I am very clear in my mind that vaping has a place in helping those already smoking to stop smoking. It has a place in smoking cessation, but children, young adults and indeed adults who have never smoked should never start vaping; there are too many uncertainties about the health consequences of vaping for that to be encouraged.
In restricting children’s access to vapes and reducing the attractiveness to children of some of the vaping products currently marketed, the Bill will protect children from the potential health consequences of vaping itself and from the potential of vaping to be a gateway to the use of other nicotine products, for which there is emerging evidence. I am certain that the Bill will help to protect children from the dangers associated with starting to vape.
Q
Professor Sir Chris Whitty: I think the first thing to say is that second-hand smoke is a very serious problem. I think that is underestimated among the general public because, if I am honest, the cigarette industry has been very successful in muddying the waters on this.
There are three key things that really make a difference. The first is the degree of concentration of the smoke. The second is the duration of exposure—let us say you sit next to someone for half an hour; the effect is more significant than if it had been just a couple of minutes. The third is the vulnerability of the people being exposed to it. That is one of the things that this Bill will help with.
Over 88% of the population do not smoke. There are roughly 6 million smokers still. There are significantly more people in the UK, non-smokers, who have medical vulnerabilities that mean that the smoke is particularly dangerous to them, perhaps acutely. They can be exposed to smoke and have an asthma attack, and that lands them in hospital. In severe cases it could land them in a very dangerous situation. The situation may also be chronic—for example, people living with diabetes already have a disease that is going to accelerate things like cardiovascular disease. If people are smoking on top of that, it will accelerate those things still further.
Although outdoor smoking is less in terms of passive smoking than indoor smoking, in most situations if you are close to someone, exposed for a long period or vulnerable, it can have very significant health impacts. In broad terms, if you can smell smoke, you are being exposed to significant amounts of smoke, and that is one of the things that the Bill is aiming to address.
I would like to make one additional point: the cigarette industry has been extraordinarily good at trying to pretend that to be pro-smoking is to be pro-choice. Nothing could be further from the truth. Smoking is highly addictive. Most smokers wish they had never started and want to quit, but they are trapped by addiction. Their choice has been taken away deliberately by these companies as part of their policy. And if you are talking about second-hand smoke, indoors or outdoors, the person downwind or next door has no choice at all at any point. They are exposed to the risks with no advantages at all. If you are pro-choice, you should be firmly in favour of the principles of the Bill. Frank, do you want to add to that?
Sir Francis Atherton: The only thing I would add is that there is no safe level of smoking. As Chris says, if you smell it, you are breathing it in, and there is no safe level. Obviously, indoors is worse than outdoors. The dose response is a big issue, but there is no safe level. I think that is a really important point.
Q
Professor Sir Chris Whitty: I might ask Michael to come in. I can have the first go and Michael might want to come in after that, because this is a critical point. Historically, the cigarette industry, despite what it claims, has always targeted children. It always deplores it in public, but if you look at its internal documents you discover that that is what it has been aiming to do. Most people, the great majority, start as teenagers before they are 20—you are, of course, correct. To refer back to Dr Johnson’s original question, the same thing is now being done with vaping and exactly the same playbook is being followed. You get people at their most vulnerable and you addict them. That is the aim.
However, were we to stop at, let us say, 21, the cigarette industry, which is extraordinarily good at regrouping around whatever regulations are in place, would simply regroup around 21. To go back to my very first point about addiction, if you are a 21-year-old and you start, you become addicted and then you wish you had stopped. That does not change the fact that your choice has been taken away. So the logic of saying 21, 25 or 30—various people have looked at various ages—is no better than the logic of the current situation.
The advantage of the current model, which was first put forward by Conservative Prime Minister Mr Sunak, to whom we should all pay great tribute on the basics of the Bill, was to ensure that current children are not addicted and do not have their choice taken away, but that rights are not taken away from existing smokers. That is the reason why this particular model was chosen. Michael, do you want to add to that? You are on mute.
Q
Professor Sir Chris Whitty: May I take one impact that extends my previous points about outdoor smoking, and then maybe pass on to Sir Gregor and Sir Frank? For outdoor smoking, the previous Bill—the very good Bill put forward by the previous Government—did not have anything that addressed the needs of current smokers. It also did not address the needs of people exposed to smoke, despite the fact that, like over 88% of the population, they are not smokers and many of them are medically vulnerable.
The Bill allows the Government to take powers to prevent outdoor smoking, first with additional public consultation and then additional measures in Parliament. Ministers—you, Minister, have demonstrated this in the House of Commons—have indicated the areas where they intend to use these powers to reduce the risks of passive smoking. These are the areas of the greatest vulnerability: around hospitals, where some of the most medically vulnerable are highly concentrated; and around children’s playgrounds, where children are—I think everybody who does not have shares in cigarette companies would agree that exposing children to second-hand smoke is an unacceptable thing to do. That is one area where the Bill has gone further than the previous one. Maybe Sir Frank might want to add to that.
Sir Francis Atherton: In Wales, we have had smoke-free hospitals, schools and play areas since 2021, under our earlier public health legislation, and it is completely non-controversial. There are clearly issues around implementation and enforcement, particularly around hospitals, but if you go now to schools and hospitals there is no controversy whatever. So that will not make a huge amount of difference in Wales.
The one thing that will make a difference, I think, is aligning the vaping legislation with the smoking legislation. I say that because, going back to the earliest question, vape use among young people in Wales has shot up over recent years—8% of 11 to 16-year-olds regularly vape, up from 5% and a bit in 2021. It has absolutely shot up. Bringing together vaping and tobacco legislation in terms of vape-free and smoke-free places is a really important thing and one for which I have been arguing for quite some time.
Q
Professor Sir Gregor Ian Smith: Perhaps I can begin this answer; my colleagues may then want to come in. Alignment in this respect is really important, partly because of the clarity of message that exists to the public around about what is legally acceptable in relation to smoking and to vaping. Alignment across tobacco smoking and vape use is similarly important across the four nations.
Public health messaging is incredibly important. Having a consistent message across our four nations helps to ensure that the message is much more clearly understood and adhered to by the public. I welcome the attempts by Ministers to ensure that alignment exists within the Bill, so that as we go forward we give protection to those who do not smoke in the way that we are planning on doing with the Bill as it proceeds.
One of the most important aspects is to make sure that, although in Scotland, for instance, legislation prevents smoking within 15 metres of the likes of public places such as outside a hospital, we bring that much more closely in line with where the Welsh position is—so to the whole of the hospital grounds. Extending it to protect, as Sir Chris has said, more vulnerable places such as play parks is something I would certainly welcome in Scotland. We should do that in step across the four nations. I again emphasise that public messaging is incredibly important in making sure that we get the adherence we seek.
Q
Professor Sir Chris Whitty: I have already given my view that, although I have a lot of sympathy for choice and freedom arguments in many situations, tobacco addiction and second-hand smoking are not among those.
Sir Francis Atherton: If anything, choice is undermined by the addictive nature of nicotine. It is incredibly addictive. We know that now; we have known it for many years, actually. The tobacco industry has known it for many years, which is why the industry, through vaping and other means, is quite keen to have the next generation of people in our countries addicted to nicotine. Choice is completely undermined and taken away by the addictive nature of the product being marketed.
Professor Sir Gregor Ian Smith: Nicotine addiction is horrific. Nearly 9,000 people a year still die in Scotland as a result of tobacco-related health issues. Two thirds of people who begin smoking are potentially at risk of dying as a consequence of their addiction. We know that the industry targets both the younger age spectrum and vulnerable groups to sustain their industry.
If you have ever spoken to a patient with a serious tobacco-related illness such as chronic obstructive pulmonary disease, who is now suffering from the consequences of that—the limited ability to live their life—and the addictive nature of the disease, you soon begin to learn that they are filled with nothing but regret and guilt for the part that their addiction has played in the development of the disease. The stigma associated with tobacco-related disease is quite terrible for those who experience it. The basis of that is this lack of choice that they have developed as a consequence of the addictive nature of the nicotine products.
Professor Sir Chris Whitty: If I could just add a specific example from—
Sorry, Sir Chris, but before we go further, I am trying to establish whether Sir Michael McBride has contact with us yet. If you can speak, Sir Michael, then we will know whether we have connection. It is as simple as that, really.
Professor Sir Michael McBride: Yes. The problem is not on my side, so I asked that you unlock me. I think I have now been unlocked, so perhaps I can speak.
Q
Professor Sir Chris Whitty: I just wanted to add an illustration of this, because it is such a fundamental point. I suspect that all doctors on the Committee, as well as my colleagues on this side of the table, will know this. I can remember the first time I was a vascular surgery house officer, watching people who had had one leg chopped off because they had smoked weeping as they had to take another cigarette, which was inevitably going to lead to their other leg being chopped off—and, incidentally, they were smoking over people coming into the hospital. It is an appalling addiction, and people who say this is about choice have never met someone who is seriously addicted to smoking.
Sir Michael, now that we have a connection with you, do you have any observations or comments to make in relation to any of the points that have been raised?
Professor Sir Michael McBride: Yes, thank you, Chair, and apologies for the connection problems earlier. Following on from Sir Chris’s comments, all of us who have worked as clinicians on the frontline—I know members of the Committee have experienced that as well—know only too well the horrors of smoking tobacco, the premature death and illnesses that it causes, and the impact that it has on the next generation.
We know for instance that, despite the fall that there has been in smoking, as per one of the Committee’s earlier questions, there are still 127,000 people each year in the United Kingdom who start smoking cigarettes as a result of the effectiveness of the tobacco industry’s marketing—blatant marketing—to children and young people, not just of tobacco and nicotine products, but of vapes.
I too have seen at first hand the impacts of that. I know, as someone whose father was a smoker who died of an acute myocardial infarction aged 46, the impacts that it has on children—the next generation—who are three times more likely to take up smoking tobacco. This is a once-in-a-generation, lifetime opportunity, and we collectively need to seize it to prevent future harms for those who are most vulnerable, for children and young people, and for future generations.
I will go to Gregory Stafford first, and then I will move over to the Government side.
Q
Professor Sir Chris Whitty: That is a very important question. I think everybody would agree on two things, and then there is a way of making sure that we get to the exact middle point of this argument.
First, as you imply, in this country—it is not universally true—there is a strong view that we should try to continue our support to allow current smokers who are finding it very difficult to get off because of their addiction, which has taken away their choice, to move to vaping as a step in the right direction. I think that is broadly accepted in this country. As I say, there are some countries where that is not accepted so, to be clear, that is not a universal view.
At the other extreme, as you imply—or state directly, actually—I think everybody would agree that the marketing of vapes to children is utterly abhorrent. I think almost everybody would agree that marketing vapes to people who are current non-smokers, given that we do not know the long-term effects of vapes because we have not had them for long enough, is a big mistake. We should not allow ourselves to get into a position where, in 20 years, we regret not having taken action on them.
The question then is: how do you get the balance? In my view, this is sometimes made more complicated than it needs to be. I think it can be very simply summarised: “If you smoke, vaping is safer; if you don’t smoke, don’t vape; and marketing to children is utterly abhorrent.” That is it, although it is sometimes made a lot more convoluted. Our view is that the Bill gets that balance right.
In general, if people’s profession is getting people who are current smokers off, they tend to be more at the pro-vaping end, because they see the dangers for current smokers. People who deal with children, such as Dr Johnson, who has taken great leadership in this area and is very much in the centre of her profession, and the Royal College of Paediatrics and Child Health take a very strong anti-vape view, because they have seen the effects on children. It is getting the balance between those two, and I think that the Bill does that.
But—and it is an important but—the Bill takes powers in this area, and that means that if we go too far in one direction or the other, there is the ability to adjust that with consultation and with parliamentary secondary legislation. That allows for the ability to move that point around if it looks as if we have not got it exactly right. It may also change over time as the evidence evolves.
Q
Professor Sir Michael McBride: That is a really important question. We talked before about the blatant marketing of tobacco and vapes. There is also the preying of the industry on those more socioeconomically deprived areas.
If we look at smoking rates in those more socio- economically deprived areas, they are two to three times higher than in less socioeconomically deprived areas. If we consider the death rate from smoking-related conditions, it is twice as high. If we look at lung cancer rates, they are two and a half times as high in those areas. That is a direct consequence of the smoking incidence in more socioeconomically deprived areas. The health inequalities associated with the consumption of tobacco are significant and great.
If we look at smoking in pregnancy and all its consequences in terms of premature birth, stillbirth and low birthweight, we see that smoking among women from more socioeconomically deprived areas is four and a half times higher than among those in less socioeconomically deprived areas. The health inequalities argument and the case to be made for addressing that within the Bill is huge. This is an opportunity that we must not pass up to narrow the adverse health consequences.
Professor Sir Gregor Ian Smith: It is my very clear view that the provisions within the Bill will help us to tackle some of the inequalities associated particularly with tobacco smoking. If I look at the situation in Scotland, 26% of our lowest socioeconomic group are smokers, compared with 6% of our highest socio- economic group.
The gradient that Sir Michael has spoken about in terms of the subsequent tobacco-related disease that those groups then experience is really quite marked, whether that be cardiovascular disease or the numerous cancers associated with smoking. All of those can be addressed by trying to tackle the scourge of these tobacco companies preying on more vulnerable groups within our society, whether that be those who experience socioeconomic circumstances that are much more difficult and challenging for them, or whether that be particular groups that are more likely to experience mental health conditions.
All of these must be tackled; people must be assisted not to develop addictions that lead to lifelong smoking and problems with their health thereafter. I am very clearly of the view, both in terms of smoking and, it is important to say, of vaping, that the targeting of those groups that creates those inequalities within our society is something that this Bill can address.
Q
Sir Francis Atherton: The issue of flavours and colours speaks to the issue of marketing towards children that we have been speaking about so far. I have no reason to believe that taking away colours and flavours that are appealing to children would remove vaping as a stop smoking tool. It remains an important tool in the box that we have to have alongside nicotine replacement therapy and alongside education, and it will remain an important tool to stop people smoking.
The prime aim here, of course, is to stop the marketing towards children. If you think back to when tobacco was advertised in shops, we saw big gantries in shops, and what we have seen in recent years is that we now have vape gantries in almost all our shops. Taking away that marketing opportunity towards children—the colourful and flavoursome displays—can only be of benefit to reducing childhood vaping and the nicotine dependency that comes as a consequence of that.
Professor Sir Chris Whitty: Let us be really clear about this: the vaping industry will claim it is not marketing to children while putting in flavours, colours, cartoons and placements that are clearly aimed at children. You just look at them—you do not need anything else—and you see the rates going up in children. It is very clear that the industry is doing that, and it needs to be tackled.
Professor Sir Michael McBride: If you look at products with names “gummy bear” and “rainbow surprise”, who are they actually aiming those products at? Our Public Health Agency did research with more than 7,500 children and young people in Northern Ireland, using focus groups and online surveys. Some 77% of them told us that what appealed to them about vapes was the colours and flavourings. The public consultation had the strongest and highest support for banning flavours and colourings. More than 75% of the population in Northern Ireland supported that ban. We should not delude ourselves about the exploitative marketing of those products.
In terms of next steps, it is really important that those who want to use vapes to quit smoking, as Sir Frank has said, can continue to access them. The Government undoubtedly will consult carefully on those measures to ensure that we do not—as the question is rightly exploring—restrict access or discourage individuals from using vapes to quit smoking.
Q
Professor Sir Gregor Ian Smith: I am not sure we have the data or the evidence to back that up, but I have certainly heard people claim that in the past about the addictive nature of nicotine. One of the important aspects of this issue is the very rapid re-emergence of that addiction by small exposures after people have managed to quit. Certainly we should be in no doubt about the addictive nature of nicotine and the risks—going back to the harmful effects of passive smoking or being in the company of people who smoke—associated with the re-emergence of that addiction and of people’s tobacco smoking habits. That is something very real. Therefore, the best protection is never to start in the first place. If we can prevent people from taking those first nicotine products and prevent the addiction from forming in the first place, there is obviously a much greater chance that they are not going to suffer the health consequences.
Q
Professor Sir Chris Whitty: Our view is that the benefits of preventing people who are not currently vaping, particularly children, from vaping through what is proposed in this Bill significantly exceed that risk. However, that risk exists; we all accept that. To go back to a previous point I made, that is why having these powers gives us the advantage that if, as a result of where we get to—remembering that this change will come after consultation and there will be secondary legislation going through Parliament—it looks as though we have gone too far, it will be possible to ease back. Our view, though, is that at this point in time, and subject to what the consultation shows, the net benefit in public health terms is positive for the prevention of children starting smoking, over any risk for adults.
The area of greatest uncertainty is on flavours. There is some genuine debate around that, with a range of different views from people who are quite seriously trying to wrestle with this problem—rather than doing marketing masquerading as wrestling with this problem—but in all other areas, most people think that the benefit outweighs the risk.
Q
Professor Sir Chris Whitty: I will give a view, and I think Sir Gregor will want to add to it. It will make a very substantial difference. The thing to understand is that not only does cigarette smoking cause individual diseases, but many people as they go through life have multiple diseases from smoking. They will start off with heart disease, for example, as a result of smoking, and will go on to have a variety of possible cancers, and they might have chronic obstructive airway disease, and they will end up potentially with dementia. All of these would have not happened at all or would have been substantially delayed had they not smoked. Of course, this is heavily weighted towards areas of deprivation, people living with mental health conditions, and other areas where I think most people would consider it really unjust in society. All of us, and anybody who has looked at this in public health terms, would say that if you could remove smoking from the equation, the chronic disease burden would go down very substantially, and be delayed, and the inequalities of that burden of disease would also be eroded. The arguments for this are really clear.
To give some indication of the numbers involved, we have thousands of people every year—millions over time—going into hospitals and general practices only because they are smoking. Had they not smoked, they would not have to use the NHS, and they would not have the chronic disease burden that disbenefits themselves, disbenefits their families and, of course, because of the impact on wider society, disbenefits everyone else as well. Undoubtedly this Bill—if it is passed by Parliament—will reduce that burden and have an enormous impact.
Professor Sir Gregor Ian Smith: Thank you for raising this as a question, because it is a very important point to understand. I will speak to the experience in Scotland. The Scottish burden of disease study published by Public Health Scotland suggests that from now to 2043 we are going to see a rise of 21% in overall burden of disease across our society in Scotland. That burden of disease is very much weighted towards a number of conditions such as cancer, dementia including vascular dementia, cardiovascular disease, and others. There is no doubt in my mind that smoking contributes to those.
Chris’s point about the multimorbidity that people experience is really important in this context. There are more people in Scotland who experience multimorbidity under the age of 50 than those who do over the age of 50, and much of that is related to smoking. Anything that we can do to reduce that burden of disease on people will not only make their own lives so much better, but make them more productive—they will be able to spend more time with their families, they will be economically active for longer, and they will also use health services less. So there is both a compelling health argument and an economic argument here on the preventive nature of stopping smoking and stopping people from beginning to smoke, which is really important to understand in the context of that projected increase in the burden of disease.
The last thing to remember is that our experience of disease can sometimes be cumulative. As Sir Chris alluded to, people who have developed diabetes for other reasons but who smoke as well, will have accelerated disease as a consequence. Removing as much as we can, step by step, the risks that are associated with the development of that accelerated disease—you will have seen it very clearly in your role as a vascular surgeon—has to be a step that we take to maintain both the health and the economic prosperity of our nation.
Professor Sir Chris Whitty: The numbers that I was looking for—
I am sorry, Sir Chris. Just for the purposes of timekeeping, which is my job, we have about 20 minutes left and five people wish to ask questions, so can we keep the questions as tight as possible, and within reason the answers as well?
Professor Sir Chris Whitty: I wanted to give the exact numbers, which I just found in my notes. Some 75,000 GP appointments a month are caused by smoking—just think of that when you phone up the GP—and 448,000 admissions to the NHS: again, think of that when you look at these areas. So the impact of this is really very substantial.
Q
Professor Sir Chris Whitty: I have a very strong view. The tobacco industry is extraordinarily adept at pretending that it is on the side of the angels, and that it is trying to help with the problem. This goes along with slimline cigarettes, filters, low-tar cigarettes—many other marketing things, all of which claim to try and help with the health effects. Tobacco is extraordinarily dangerous, as well as being addictive. The heated tobacco products have probably slightly lower levels—they do have lower levels of the multiple chemicals that are toxic: multiple, not just one or two, but they are way away from safe levels. So heated tobacco products, while arguably being slightly lower in terms of the risk if someone had exactly the same amount, are a long way short of anywhere near safe, and they are still addictive. They also have some side-blow areas where they will have some issues for people around them as well. So the idea that this is some kind of solution only makes sense if you have shares in a company. So I would very strongly argue against trying to exclude these and carve these out.
Sir Francis Atherton: Nicotine is addictive however you take it—whether it is in heated tobacco, in cigarettes, in snus, in chewed tobacco or in shisha pipes—so in terms of protecting the next generation, the great value of this Bill is the flexibility to deal with not just the issues that we see in front of us, but the things that may well come down the pipeline in the future. I believe the Bill is flexible enough to allow us to protect the next generation from these terrible problems that flow from addiction.
Sir Michael, you were nodding. Did you have any comment to make?
Professor Sir Michael McBride: I simply echo Sir Frank’s comments on the flexibility that the Bill affords us, and again confirm my agreement with Sir Chris’s comments. Let us be clear: there is no other product that causes life-limiting addiction, that kills two thirds—kills two thirds—of the people who use it. It is staggering, and this Bill provides us with an opportunity to address a scourge on our society. There is no safe tobacco product —none.
Q
Professor Sir Chris Whitty: Would Sir Michael like to go first?
Professor Sir Michael McBride: Yes. Thank you for the important question. You are quite right that the evidence on the potentially harmful effects of vapes is still developing, and we are not at the stage that we are with our knowledge of tobacco. Certainly, as we have said already, the harmful effects of vapes are, and are likely to be, significantly less than those of tobacco, but are unlikely to be zero. This is an area in which there is ongoing research. The World Health Organisation has raised concerns about the potential impact, particularly in children, in terms of brain development. I know you will hear more about that later from other panellists. That is something that we will obviously need to continue to keep under review. The Bill provides us with the opportunity to introduce further measures, should that be required.
However, in all this there is a need for balance. Obviously, the Government—and certainly the Northern Ireland Assembly, when they will be debating this in the coming weeks—will wish to ensure that there is a balance between ensuring that vapes are accessible to individuals to assist cessation of smoking and help them to quit, but also that we are guided by the evidence to ensure that any legislation that is introduced is proportionate. That is incumbent on all of us at this time. Certainly, should further evidence of harmful effects become available, there is the opportunity and flexibility within the Bill to look at this again.
Professor Sir Chris Whitty: I would add only that it took us some decades to work out the extraordinary impact of smoking. Much of that tends to be cumulative over time, so you do not see the major effects of someone starting to smoke in their 20s till they are in their 50s, 60s and 70s. What we do not want is to be looking back in 20 years’ time and saying, “We knew these were addictive; we knew that people were smoking things.” Things that go into the lungs are much more dangerous than things you eat, for a variety of reasons. Just basing it on lab studies is not a safe way to proceed. I think all of us were therefore thinking that the sensible thing to do, while maintaining vapes as a smoking quit aid, is to avoid a situation where people who are currently not smokers take up vapes, because they will definitely get addicted—the nicotine is there, and there is a high chance in our view that they will have harms, although the size of those harms is currently difficult to put an exact number on over time. Some people come to extreme harms quite quickly, actually, but those numbers are fortunately relatively small.
Q
Professor Sir Gregor Ian Smith: It is very difficult to disentangle the evidence about vaping, because so many of the people who are currently vaping are either current or ex-smokers as well. To do some form of longitudinal study that actually gets to develop the evidence base for any potential harm that is caused by vaping is difficult—although there are attempts to try to do that, such as through the Our Future Health study. At this moment, I think the provisions within the Bill represent a proportionate and reasonable approach with the flexibility that exists within it to be able to respond as new evidence develops, either towards or against the harms that are associated with vaping. I think it is proportionate in that it maintains vaping as a potential tool in the armoury to help people to stop smoking, but similarly it is proportionate in stopping the abhorrent marketing of vapes to children, which Sir Chris has already mentioned, and in allowing the position, which I think is correct, that if you have never started vaping or smoking, you should not. The proportionality of the provisions just now is heading in the right direction, but with the ability to flex as future evidence emerges.
We have one more question, which I am afraid is probably the last one to this set of witnesses, from Liz Jarvis.
Q
Professor Sir Chris Whitty: It is important to be realistic about the fact that—as I suspect you will all remember from your schooldays, and if you have children, you will know from them—people do not stick exactly to the current law as it is. The idea that, magically, there will be a cut-off and people will exactly follow it strikes me as flying in the face of lived reality. However, as the age of sale moves up over time, I am very confident that it will lead to a significant reduction over time in the number of children buying cigarettes, because it will be illegal for people to sell them to them. It will not be illegal for them to possess cigarettes—that is an important distinction—but it will be illegal for people to sell them to them. If you are a 17-year-old you can usually pretend to be an 18-year-old, but pretending, or even wanting to pretend, to be a 30-year-old is a different thing completely. Over time this measure will become more effective.
The impacts will be seen first in things such as children’s asthma and developing lungs. It will probably next be seen in birth effects, because the highest smoking rates are in the youngest mums: the rates are up to 30% in people who have children before they are 20, but much lower in people who have them in their late 20s or early 30s. In that younger cohort, the effect on stillbirths, birth defects, premature births and so on will be the next big impact that the Bill will have, and gradually it will roll over time.
It is not a perfect mechanism—I do not think any piece of law that has been designed is a perfect mechanism—but, as a way of gradually driving smoking down in a way that does not take away anyone’s existing rights, it seems to me a reasonable balance between those principal aims. To go back to my first point, in reality the borderline will probably be a bit fuzzy, because it always is, but over time the effects will be very substantial.
I have about three minutes left, so I will ask Mary Kelly Foy to ask a very brief question with a very short answer, because we will be finishing spot on 10.25 am.
Q
Professor Sir Chris Whitty: I will suggest that Sir Frank takes this question, because it is his very last answer to a parliamentary question; he is about to stop as chief medical officer, so he is going out on a high.
Sir Francis Atherton: What the Bill does is to simplify matters, making it as simple as possible: a smoke-free place is a vape-free place as well. That does not take away people’s ability to go into a place where smoking and vaping are allowed, but it helps to disentangle the confusion that currently exists about where people can legitimately use those products. It is a simplification that can only help to lead, in the long term, to that reduction that we need. In Wales, 13% of people continue to smoke. Our ambition is to get to 5% by 2030; we will struggle to get there, but this Bill will help us to get there.
I am afraid that that draws this particular session to a close. I thank our witnesses, Sir Chris Whitty, Sir Francis Atherton, Sir Gregor Smith and Sir Michael McBride, for their attendance and for their helpful contributions, and I thank Members for their helpful questions. Thank you very much.
Examination of Witnesses
Hazel Cheeseman, Sheila Duffy, Suzanne Cass and Naomi Thompson gave evidence.
We will now hear evidence from Hazel Cheeseman, chief executive of Action on Smoking and Health; Sheila Duffy, chief executive of ASH Scotland; Suzanne Cass, chief executive of ASH Wales; and Naomi Thompson, health improvement manager at Cancer Focus Northern Ireland. We have until 10.55 am for this panel. I call the first Member to ask a question—the Minister.
Q
Hazel Cheeseman: We are all delighted to see this Bill return, and in such a strong form. There is complete consensus across the ASHs of the four nations that this is a Bill that is needed, wanted and workable.
As the chief medical officer said in the previous session, the improvements in this Bill are that there are more provisions that will assist in reducing smoking among people who are already smoking and in protecting those exposed to second-hand smoke. It also creates a comprehensive set of regulations around all tobacco and nicotine products and provides us with that future-proof—the flexibility to respond to evidence as it emerges and changes and to the market as it emerges and changes over time.
The Bill is enormously welcome for its comprehensiveness and robustness, and therefore for the opportunity to significantly reduce the uptake of smoking among the next generation and to aid people in quitting. The Minister will not mind me saying that I think there is more that the Government will need to do to accelerate that progress, in terms of investing in support for those who are already smoking and ensuring that we have the right strategy in place for that, but the Bill is a really good step in the right direction.
Q
Sheila Duffy: We have seen that tobacco control measures work. We have seen that they have reduced adult smoking rates over time. The points made by the chief medical officers were well made: we are looking to the generation growing up now in the UK; we are looking to protect them from addictions that so many now regret and that are claiming lives unnecessarily.
Suzanne Cass: I would add that tobacco control policies that are put in place are popular, and are really welcomed among members of the public; they are also welcomed among people who smoke. There is a huge surge of public support for tobacco control policies, and that grows—it does not diminish—as we introduce new policies; it grows, and that public support increases.
Naomi Thompson: In Northern Ireland, we are working towards a smoke-free Northern Ireland by 2035, and the reality is that tobacco control over the past 10 years has managed to bring things down to a stage where 2035 has potential. That is why tobacco control needs to continue. A Bill like this is just brilliant to keep that focus. If we can prevent people from starting, that will be absolutely key to making Northern Ireland, certainly, smoke-free by then.
Q
Suzanne Cass: As you know, ASH Wales and the Welsh Government have been at the forefront of implementing smoke-free spaces. We campaigned for smoke-free playgrounds and smoke-free school gates, both on a voluntary basis. Luckily, the foresight of the Welsh Government has made that provision legislation when it comes to hospital grounds, playgrounds, sports grounds, mental health units and a raft of other smoke- free spaces. We are obviously delighted that the Welsh Government has implemented that legislation.
The legislation has made a huge difference, in that it has allowed a platform for communication—communicating the message that it is not okay to smoke around children. There is a massive amount of public support for that messaging, and we have had the opportunity to communicate it. When it comes to smoke-free hospital grounds, a lot of us are looking at that legislation and the possibility of implementing it.
We have obviously had the legislation in place in Wales since 2021, and what we would say on the lessons learned is that there has to be a package when it comes to implementation. We cannot just legislate; we need to be looking at the support that is in hospitals for smokers to quit, we need to have trained staff and we need to have enforcement on the ground. There needs to be a whole package that comes with that legislation. That is the enormous lesson that we learned.
We implemented that legislation in 2021—in the midst of covid, which was tricky—but we have had problems around enforcement and problems around compliance. It is a very different kind of tobacco policy from that in the other smoke-free spaces. When it comes to the other smoke-free places—playgrounds, sports grounds and other areas like that—there is a lot of compliance, but when it comes to hospital grounds, you have to do a bit more of the legwork. But it is well worth it, because what comes with that is on-site hospital support for stopping smoking, and the message to everybody coming on to that site that smoking is not okay and that there is support available if you want to quit. So it comes with a whole raft of measures that support that smoke-free message.
I call Caroline Johnson—apologies; I should have called you before the Minister.
Q
Hazel Cheeseman: That will be a really crucial question as this Bill progresses, and it was touched on by the chief medical officers. The nature of this Bill is that we are taking powers across a range of areas, which we know will help us to prevent the uptake of vaping among children, which we are all concerned about. We are restricting the marketing of vapes and the way they are branded, and taking powers around the design of products and in relation to flavours. It is important that those powers, as was discussed in the last session, are broad in the Bill and defined through further consultation and regulation, giving us that flexibility to shape policy going forward. We know from our experience in reducing smoking among children that the things that will work are reducing the appeal, reducing the availability and reducing the affordability of products. The Bill, alongside the excise tax that is planned for 2026, will take us a long way on that journey to addressing those aspects and reducing the appeal among children.
We also want to ensure that products remain available for adult smokers to switch to. We know from our own research that adult smokers have very inaccurate views at the moment about the relative harms from vaping compared with smoking. Part of the issue is the way in which products are branded and pushed in people’s faces when they go into every corner shop up and down the country. That prevents the understanding that these products might be valuable for smoking cessation and promotes the idea that they are a kind of lifestyle choice for teenagers. Removing the branding and the displays in shops will allow the message that these products could be valuable to help people stop smoking, and will allow that message to land more easily than it currently does. That will hopefully realign those misperceptions and get us back to the position that we were in in, say, 2019 or 2020, where these products were being used as a smoking cessation tool and not really being used by other groups in the population. If we can get back to that, that would be the ideal scenario. Hopefully, the legislation takes us a bit closer to that.
Q
Sheila Duffy: We see that socioeconomic inequalities and smoking rates are closely patterned. ASH Scotland’s work with low-income communities in Scotland suggests that people regret beginning tobacco, but find it hard to move away from it. It also identified the dangers of less regulated novel products such as e-cigarettes in enticing their children and grandchildren into the kind of addiction that they themselves so regret. One of the real strengths in the Bill is the ability to bring some of these tobacco-related products into the kinds of control and regulation that we have fought so hard over decades to get for tobacco products.
Q
Hazel Cheeseman: The purpose of the legislation is to reduce smoking. The Department’s projections in the impact assessment clearly show that, even on conservative estimates, it will achieve that goal over time. So the question then is, does that lead to displacement into other products? Given that the legislation is comprehensive in relation to tobacco products, it is to be hoped that it will not lead to displacement into other kinds of tobacco products, but it might lead to some displacement into other nicotine products. As the chief medical officer said in the previous session, it is unlikely that nobody will take up smoking in the affected age group. Some people will; some of the 15-year-olds who will be affected by this legislation have already tried smoking. So we need there to be a legal nicotine product that those people will be able to use, with the restrictions that are coming into place in relation to vaping and other nicotine products in this legislation. One would not expect the overall consumption of nicotine to be greater than it otherwise would be, if that makes sense, but there may be some displacement into other nicotine products as we transition away from smoked tobacco and from tobacco being used widely in that group.
Sheila Duffy: Dual use is a real concern in Scotland. Nearly 43% of people are dual-using cigarettes and e-cigarettes. The international longitudinal cohort evidence clearly shows a higher risk of progression to using combustible tobacco for young people that start vaping. I think this legislation has the real potential to move us away from that.
Suzanne Cass: We also have to remember that the killer in the room is tobacco. The generational ban is the most crucial part of this legislation that we need to push forward. Therefore, we need to keep our eye on the ball when we are looking at the health impact, and the potential public health impact, of this Bill, and to make sure that we focus on driving down that tobacco use.
Naomi Thompson: Just to reiterate what Suzanne has said, tobacco is the issue. The impact of tobacco was repeated multiple times in the previous session. If young people start, they continue, and they find it very difficult to stop. Therefore, if we can sort that, it is a great first step. There may be a small move towards other nicotine products, but we can work on that. Tobacco is the one that kills.
Can I just, as is my job, remind everybody that we are finishing at 10.55 am, which is in about 15 minutes or thereabouts? I have six people who wish to ask questions, so can I ask that the questions and responses are as tight as possible? Thanks.
Q
Suzanne Cass: In Wales, we have obviously implemented smoke-free legislation. We have seven different health boards and various approaches to that legislation when it comes to the implementation alongside vaping. When it comes to indoor spaces, there is already a huge amount of compliance with voluntary bans. People generally do not smoke in indoor spaces, so there is already that public consensus in those areas. When it comes to the outdoor spaces, there is not necessarily a consistent approach across Wales regarding smoking and vaping, which can cause confusion among the public.
I think that we need to be considering this very carefully, in terms of providing as much support to smokers as possible in these areas. We need to be considering exemptions to vape-free spaces, particularly in smoke-free spaces in hospital settings, mental health units and places where vulnerable patients who smoke are situated. That would be the message: we need to really consider those exemptions.
Sheila Duffy: In Scotland, we put medicinally therapeutic products front and centre with smoking cessation. Smoking cessation is vital, but we need to remember that there is no medicinally licensed e-cigarette product anywhere in the world, and that medicinally licensed products have a very different set-up. With e-cigarettes, you are talking about more than 30,000 different variants listed with the Medicines and Healthcare products Regulatory Agency, and four or five generations of devices, with very different health profiles.
Most of the comparisons are made with the toxins in tobacco, but there are different additional toxins in e-cigarettes, and there is new research—for example, AI modelling—on the impacts of heating some of the chemicals in e-cigarettes to vapour point, where they produce highly toxic outcomes. We need to bear that in mind. We also need to look at the research on air quality, because e-cigarettes conclusively contain the kind of particulates that we worry about for air quality and that cause harm to health. I think that that is an issue arguing for vape-free spaces.
In Scotland, we are supporting people to quit smoking in whatever way works for them—we are supporting individuals—but we are actively recommending only medicinally licensed products, because they have that context of appropriate use, safety and quality control, which e-cigarettes do not have.
Q
Suzanne Cass: Absolutely. I think we need to consider the vulnerable smoker at the heart of this and how they are managing to abstain from that addiction. It comes back to that addiction all the time. With smoking, nicotine is such an addictive substance that it is very difficult just to tell somebody that they cannot do it. You need to give them the right support, as well as the support that they want. When it comes to choice, that is where we need to be looking at what their choices are and how they choose to move away from that deadly tobacco use.
Hazel Cheeseman: On the mental health settings, we have done a lot of work in England with mental health trusts, and vending machines have been one way in which they have been facilitating access to vapes in quite a large number of mental health trusts. It is certainly something that we would be interested in looking at, because it will make it a bit more challenging for them to implement smoke-free policies in mental health settings if the vending machine rule applies across the NHS estate.
Also, going back to Dr Cooper’s question, in mental health settings and those places with vulnerable smokers, vapes have been really important in England in facilitating. We do not have legislation in relation to smoke-free grounds in England, but obviously it is the policy across the NHS estate that they are smoke free. Allowing vaping, particularly in those mental health settings, has been very facilitative of creating smoke-free grounds and supporting those people to maintain their smoke- free status as they move out of mental health settings as well.
Sheila Duffy: Scotland already has a ban on e-cigarettes in vending machines and has had for some years.
Q
“The government should make good on their pledge to publish a ‘roadmap to a smokefree country’…with a strong focus on tackling inequalities.”
I am from the north-east region, where we have high deprivation and high smoking prevalence. It is the only region that has a clear vision—if you like—and declaration from Fresh and the directors of public health for how to achieve a smoke-free country. Could you explain a bit more why we need that vision and that strategy going forward?
Hazel Cheeseman: The legislation is fantastic; it is world-leading and brilliant, and it will really set us on that path toward being a smoke-free country. However, it will not be the last word in how that is achieved. We have 6 million smokers across this country, and we need to ensure that all of our agencies are lined up to do the job that they need to do to help those people stop smoking—the NHS, local government and integrated care boards across the system need to have the right approach. We also need to ensure that the funding is there to do that too. The Government have committed to the funding in stop-smoking services in local government, but we also need to see funding in mass media campaigns. The chief medical officer was talking earlier about people’s waning understanding of the harms of second-hand smoke. One way to address that would be to go back on TV and radio and explain to people what the harms of second-hand smoke are. That package of measures alongside this legislation would really help us to accelerate progress.
The Bill will massively raise the saliency of the harms of smoking with the public—there is no doubt about that. There has been, and there will continue to be, a strong public debate on the measures in this Bill. By really riding the wave of that public understanding through that coherent strategy and that investment, we could really see smoking rates start to drop, particularly in those disadvantaged populations where we continue to have persistently high levels of smoking.
Q
Suzanne Cass: We obviously have an issue when it comes to the understanding of and the misconceptions around the harms of vaping. In particular, the most worrying stats are among smokers considering them as harmful as or more harmful than tobacco. That is that a significant issue. This legislation allows us to reset the clock and promote these products as smoking cessation products, using health professionals to promote them and getting the right language around them. Rather than their being seen as a recreational toy, they can be seen as a product that is going to help people to quit smoking. When it comes to the positioning of these products, it is essential to readdress those misconceptions and re-place this product.
On standardised packaging, what we did with tobacco was put it in the ugliest packaging you could ever imagine. We are not talking about that when it comes to vaping products; we are talking about plain packaging—something that is informative but not necessarily attractive to young people. There is a big difference between something that is repulsive and something that is not attractive. That is where we see the difference, and that is where we see this legislation coming into its own and allowing us to reset and to have that different conversation.
Hazel Cheeseman: I am sure we will tease more of it out through the consultation process that will follow this legislation, but some of the early research that has been done has indicated that you can, to some extent, have your cake and eat it on this. If we remove some of the attractive branding elements on packaging, which we know appeal to children, that does reduce the products’ appeal to children, but it does not damage their appeal to adult smokers and it does not damage harm misperceptions. We can progress with this legislation, via the consultation and looking properly at the evidence, to make sure that we get the balance right.
There are also provisions in the Bill to allow public health bodies to do marketing and public health messages around vapes as a smoking cessation tool. It will be important that the Department of Health and Social Care and the Advertising Standards Authority work with public health bodies to make sure that they have the right guidance to be able to do that and to give smokers directly the right information about how vapes can be used as a cessation tool.
Thank you. I am afraid this will probably be the last question before the next panel of witnesses. Tristan Osborne, we have about two and a half minutes left.
Q
Hazel Cheeseman: Currently, vapes are much less expensive than smoking, and that is the kind of gap that we need to maintain. As the excise tax comes into force in October 2026—that is its planned enforcement date—the intention is to raise the tax on tobacco at the same time to maintain the price differential. That is crucial. We do want to find a sweet spot for the price of these products that makes the entry level for young people and non-smokers higher. It is a dissuasive technique so that people who do not need to be using these products do not use them. We obviously want them always to be cheaper than smoked or combusted tobacco, so that there is always that incentive for people to switch from the more harmful to the less harmful.
As has been repeatedly said, there is flexibility in the legislation: it allows us to calibrate. In particular, unlike the previous Bill, it allows us to regulate around product design and the size of products, so you could, for example, look to make them more expensive by changing the minimum size of the amount of liquid that could be sold. All this needs to be looked at once the Bill has passed. There is an awful lot of work to be done to calibrate around things like price, branding and so on, as the Bill passes and we move on to the secondary regulations.
Sheila Duffy: Absolutely—
I do apologise, but I have to bring the session to a close as the time has been used up. I am sorry for interrupting. I thank our witnesses Hazel Cheeseman, Sheila Duffy, Suzanne Cass and Naomi Thompson for their evidence, and I am grateful for the questions that have been asked.
Examination of Witnesses
Dr Ian Walker and Sarah Sleet gave evidence.
We have the third panel of witnesses from now until 11.25 am. We will hear evidence from Dr Ian Walker, the executive director of policy at Cancer Research UK, and Sarah Sleet, the chief executive officer of Asthma and Lung UK.
Q
Sarah Sleet: In general, there is very little evidence around vaping, and we need a really considerable effort to get the evidence in place, but we do know that nicotine in general is not healthy for children, and vaping nicotine products will not be good news. We have some evidence about the harms that it causes—we know that nicotine in particular is very problematic for very young children and developing brains—but we do not have the same level of evidence base that we have with tobacco. That is why this Bill and the precautionary approach that it takes in terms of restricting children’s access to vapes and the attractiveness of vapes to children is very important.
Q
Dr Ian Walker: First, thank you very much for the opportunity to be here. I start by thanking Parliament for boldly introducing this Bill; it is genuinely world leading. I have spoken to organisations across the world that are envious of the position we find ourselves in. That is a very important question, and the answer is absolutely yes—I think this Bill will be very important in reducing the number of cancers caused by smoking tobacco. We know that there is no bigger thing we could do to actually influence that going forward for the next generation and generations thereafter.
As you have heard this morning, we know that we still have 6 million people smoking across the UK, and we know that we can expect hundreds of thousands of cases of cancer caused by smoking over the term of the next Parliament. As we move towards a truly smoke-free generation over the next 20, 30 or 40 years, we will absolutely expect to see the number of cancers caused by smoking—and, alongside that, the number of other illnesses associated with smoking—reduce.
Q
Dr Ian Walker: To start with smoking and cancer, the links between passive smoking and cancer, particularly lung cancer, are very clear. It is fair to say that there is less evidence around different scenarios that you might predict through this Bill, such as different outdoor environments and so on, but that is more because those studies have not necessarily been done. It is an important point to make that there is an absence of evidence, rather than evidence of absence.
You heard from the CMO of England this morning that if you can smell cigarette smoke, you are exposed to it. The direct risk, then, is linked to how long you are exposed to it, how concentrated the environment is, how close you are to it and so on. Nevertheless, passive smoking is harmful—not just for cancer, but for vulnerable people with many other conditions as well—so we are very much supportive of the introduction of smoke-free places and the ability to restrict people smoking in particular outdoor spaces.
Sarah Sleet: When it comes to people with lung conditions, second-hand smoke is incredibly important; it is a well-known, severe risk factor for people with lung conditions. About one in five of us in the UK will experience a lung condition—there are around 7 million people with asthma and about 1.6 million people living with chronic obstructive pulmonary disease. Those are two major conditions that are profoundly affected by second-hand smoking, and are clear risk factors in terms of deaths from asthma and people being hospitalised with exacerbations, so it is incredibly important that we deal with the issue of second-hand smoking. People said earlier that there is no choice about second-hand smoking, and yet it profoundly affects those with lung conditions. It is incredibly important that we ensure that we protect those vulnerable people as far as possible.
When it comes to the discussion about how far we should go in terms of smoke-free and vape-free places, we would consider going further than what has been suggested already and looking at other areas to make smoke-free. I know there has been discussion about hospitality and trying to balance the potential economic impact that has been talked about if we make the outside of hospitality places smoke-free. However, we think, given the balance between the public health impact and what we have seen with smoke-free indoor spaces and its impact on business, we could go further and should go further, there.
Q
Sarah Sleet: People with asthma and lung conditions are in the middle, where they are affected by both smoking and vaping. It is really important to get the balance right. Smoking is terrible—it is terrible for people with lung conditions—and we need to make sure we can drive down smoking rates as much as possible.
Vaping can play a part in helping with smoking cessation, but it should only be used for smoking cessation. People who have never smoked, and definitely children, should not be taking up vaping. We see vaping as a staging post to being completely nicotine-free. It is important to get the balance right between making vaping available for those who need smoking cessation and not encouraging people to try vaping or to keep vaping longer than they need to.
The legislation is good in allowing that flexibility for adjusting over time, as we get more evidence in. It is really important to put evaluation in place and make sure that robust evaluation does flow through over time, so we can adjust and respond to it. Traditionally—certainly in respiratory diseases—there has generally not been enough research and evaluation, so we need to correct that now.
Dr Ian Walker: First, I want to confirm that we are very much supportive of taking those powers. I think one of the real strengths of the Bill is the ability to adjust, moderate and titrate those powers and the actions that we take over time, not just as new evidence emerges, but as the tobacco industry and new products may emerge to try to circumvent the regulation that is in place. That is a really important part of the Bill.
I think the crux of the question was about what is important to consider through the consultation. From our perspective, it is important to get a balanced view on what the right actions are in this area. Of course we all agree that we want to limit, reduce and stop access for children and young people and to limit the appeal to never-smokers, while balancing that carefully against making cessation tools available to people who are trying to quit. It is important not to forget the 6 million people who are currently smokers and the long-term health implications ahead of them. We need a balance so that it is as easy as possible for those people to quit when they have chosen to do so. There will be many balancing features and balancing points of evidence that will be really important through the consultation in coming to the right outcome.
Q
Dr Ian Walker: Critical. Without a doubt, there is no single bigger action that you could take to reduce the cancer burden on the country. The cancer burden sits at a very personal, individual level for people getting their own diagnosis; it sits at a family level and at a friend level. It also sits at an economic level for the country and at an NHS level, in terms of the burden that smoking-related illnesses cause for the NHS.
From my perspective, this is a world-leading piece of legislation. It is absolutely an opportunity for generational change and a long-term legacy that will see our children and grandchildren never able to legally buy tobacco in the UK and never exposed to the harms that that would cause them.
Q
Sarah Sleet: As I said earlier, the research evidence around vaping harms is currently very poor. There has not been enough. It takes a long time to build up evidence of things that are generally very progressive rather than having an immediate impact, so we will have to wait. We need to put that in place, and we are going to have to wait to get that evidence back.
We have had anecdotal reports from our beneficiaries and those who contact the organisation about places—particularly in closed spaces, but sometimes outside—where there is a concentration of vaping. It is that classic thing where you go through a door and suddenly everybody around you is vaping immediately outside it. We get reports that that exacerbates people’s asthma and sometimes their COPD, but they are anecdotal. We really need the evidence base to support what is happening.
Dr Ian Walker: The only thing that I would add specifically from a cancer perspective is that although there is very little long-term evidence, because the products have not been around long enough and the cumulative effects have not been seen yet, what we do know, based on the current evidence, is that vapes are far less harmful than cigarettes. You heard the advice earlier that if you smoke it is better to vape or take other nicotine products, but if you do not smoke you should not vape, because we do not know yet what the long-term effects will be. In particular, we are very light on evidence on what the impact of vaping will be on bystanders.
Q
Dr Ian Walker: The impact of the Bill will reach every sector, on the face of it. Obviously the aim of making a smoke-free UK will impact everybody in whichever sector, but I think you are probably referring specifically to increasing smoke-free places, or places where smoking is not allowed. For people who are exposed unavoidably by their working environment, of course this will be good news and a good expansion.
As you heard from Sarah, we did not quite get to hospitality in the Bill, but it will be interesting, as we go through consultation, to review the evidence and understand the sentiment. Clearly, people working in hospitality are likely to be exposed to smoke in their work environment, even if that is outside. The Bill makes important steps in increasing the number of smoke-free places and reducing exposure to tobacco smoke.
Sarah Sleet: As the CMO said earlier, it is about the duration as well as the density of smoking. If you work in hospitality in those outdoor spaces, the duration will clearly be longer; if you work on a coach concourse, you will be exposed for longer. It is really important to remember that.
Another issue is inequality. There is a concentration of working lives that are more exposed to second-hand smoking, which is exacerbated by inequality.
Q
Sarah Sleet: That is a tricky one. We know that a lot of people who use vaping to stop smoking end up dual-using for a while. Some then move on to just vaping, and some eventually move completely away from it. We seriously need a comprehensive programme for nicotine cessation and smoking cessation to support people on that journey and make sure that people who go on that journey do not come back in. We heard earlier from ASH Wales about some really good measures that have been put in place, but without that wider context it is hard to cement the behaviour needed to move completely away from it. We need to think broadly about the whole support structure to help people to get off smoking and eventually to move away from nicotine altogether.
Dr Ian Walker: I agree. The real killer in the room, if you like, is cigarettes and tobacco. There is no safe way of consuming tobacco. The alternative of smoking versus vaping is very clear; even though we do not know the long-term health implications of vapes, we know that you are much better off vaping than smoking. Having said that, of course we do not want young people and never-smokers to vape either.
The power of the legislation is its double-pronged approach: preventing people from ever smoking in the first place by raising the age of sale by one year every year, and putting in place a comprehensive package of measures alongside that to control vaping, particularly the access to vaping and the appeal of vaping for young people, to reduce uptake in those communities. All those things together, alongside—you will forgive me for saying this—the investment that will be required for smoking cessation services and to support enforcement by Border Force, HM Revenue and Customs and retailers, will be important components of the Bill’s ability to drive the change that it can make.
Q
Sarah Sleet: Health inequalities relating to lung disease are profound. The three conditions with the biggest gap in health outcomes between rich and poor are lung conditions: asthma, COPD and lung cancer. All three are profoundly affected by smoking, and smoking is concentrated in socially and economically deprived areas. Those in the poorest part of the country are twice as likely to smoke as those in the richest part of the country.
It is even more profound in certain segments. We heard that young mothers are four times more likely to smoke in poorer parts of the country than in richer parts. If we can drive down smoking, particularly among young people, the impact will be greatest in those areas that are most in need of help and support. This is probably one of the biggest things that can be done to tackle health inequalities. For that reason, I think the Bill is probably the most important public health measure being passed through Parliament in a very, very long time.
Dr Ian Walker: Thank you for the question, which I think is a really critical one. At CRUK, we have done a lot of research and work on cancer inequalities, which are part of broader health inequalities and which generally mirror similar trends. We know that people in the most deprived communities have higher incidences of cancer. They typically present at a later stage, they typically engage less with screening, they typically have worse outcomes and they typically do not get optimal treatment —it is a pretty difficult story right along the pipeline. The reasons behind that can be very complex and involve lots of different things.
Despite all that, the one thing we do know is that higher smoking rates, particularly among children and young people in the most deprived communities, are a really significant contributor to health inequalities. It is very clear from the evidence that the most deprived communities across the UK are the ones that suffer most from the impacts of tobacco.
This Bill is clearly not a magic switch—it will not change those things overnight—but it sets us on the pathway to fundamentally reversing some of those inequalities and to reducing some of the cancer inequalities that we see across the UK. Alongside the important measures in the Bill, a really clear, targeted set of actions around health marketing interventions in those communities and the effective funding of cessation services where we need them most will contribute to reducing health inequalities much more quickly and much more effectively. Again, it is a very positive story in terms of the potential impact on health inequalities.
Thank you very much. As there are no other questions from Members, let me thank the witnesses, Ian Walker from Cancer Research UK and Sarah Sleet from Asthma and Lung UK.
Ordered, That further consideration be now adjourned. —(Taiwo Owatemi.)
(2 days, 20 hours ago)
Public Bill CommitteesI beg to move a manuscript amendment: Tuesday 7 January Until no later than 3.10 pm Professor Linda Bauld OBE, Bruce and John Usher Chair in Public Health, University of Edinburgh Tuesday 7 January Until no later than 3.30 pm National Trading Standards Tuesday 7 January Until no later than 3.50 pm British Retail Consortium Tuesday 7 January Until no later than 4.10 pm Department for Education’s Secondary Headteacher Reference Group Tuesday 7 January Until no later than 4.30 pm Medicines and Healthcare products Regulatory Agency Tuesday 7 January Until no later than 5.00 pm Royal College of Paediatrics and Child Health; Royal College of General Practitioners Tuesday 7 January Until no later than 5.20 pm Department of Health and Social Care
That the Order of the Committee of 7 January 2023 be varied by leaving out from “Aneurin Bevan University Health Board” to end of table and insert—
This amendment is in order to accommodate witness availability. It would take Professor Linda Bauld at 2.40 pm and move the witnesses representing the royal colleges to start at 4.30 pm. This will add an extra 10 minutes to the last two panels, concluding oral evidence at 5.20 pm.
Manuscript amendment agreed to.
I welcome the panel again, although I was not here for this morning’s sitting. We will now resume by hearing oral evidence from David Fothergill, chairman of the Local Government Association’s Community Wellbeing Board, Professor Tracy Daszkiewicz, executive director of public health and strategic partnerships and vice president of the faculty of public health at Aneurin Bevan University Health Board, and Alison Challenger, tobacco and vapes lead at the Association of Directors of Public Health.
For this panel, we have until 2.40 pm. The floor is now open to any members of the Committee who wish to ask questions, but we would traditionally ask the Opposition spokesperson to ask the first question, so, Dr Caroline Johnson, the floor is yours.
Q
My first question is: do the local authorities have the resources they need to enforce these measures, if brought in? If they do not, what further resources do they need?
David Fothergill: I will take that one, if I may. First, thank you very much for the opportunity to come and speak to you. From a local authority perspective, we welcome the legislation, and we welcome the fact that it has been cross-party legislation—with the previous Government, and now with the current Government. The legislation will only be as good as the enforcement, and the question you ask is really important: have we got the resources to do it? We have to be sure that it is not a new burden—on either local authorities or retailers—that we cannot fund.
Therefore we would ask that we have time to implement, because we need to be able to consult with our retailers and our public to make sure that we implement in the right way. We would ask that it is viewed as a new burden, so that we can have additional moneys coming into the local authorities. We would also ask that we set up an apprenticeship scheme for trading standards services, to ensure that we are bringing through new people into trading standards—and environmental health, of course; we have to mention them. However, with time, focusing on those three areas, we will have the resources to make this successful.
Q
David Fothergill: The important thing is that we have the right consultation and the right plan for bringing through new trading standards. I think we would be alarmed if you said you were going to introduce this on 1 January next year, but if you said we had two years or slightly longer to implement it I think we would be much more comfortable.
Q
David Fothergill: We argued at the previous Committee hearing under the last Government—I think you may have sat on that Committee—that we needed a licensing scheme to make it effective. We still hold that view. We think that it is right. What we should not do, though, is to overcomplicate this. We already have licensing schemes. Many of you will have sat on licensing committees at local authorities. We have good local people who license alcohol outlets, taxis, gambling and gaming. We believe that licensing is the right route to go. While we think the legislation should be consistent, we do think there need to be local variations we can look at, so that we can bring in what works for our communities, very much as we do with the alcohol schemes.
Q
Alison Challenger: The short answer is yes, I think they do. The need not to have children exposed to the marketing of vapes is very important. At the moment we see that children are exposed to that marketing and are encouraged to get access to vapes, so it is important that this is brought into the Bill. I think what is currently in the Bill will help us to address that significantly.
David Fothergill: I concur. From a local authority point of view, we have argued long and hard about vapes and have spoken with your colleagues in the Department for Environment, Food and Rural Affairs about disposable vapes, which we have been very concerned about; so it is great to see this legislation moving forward.
Q
Professor Tracy Daszkiewicz: From the public health community, it is widely accepted and supported. It gives us a great opportunity not only to increase the conversation, but to broaden it. How we embed the legislation into practice will be key: making sure that we are getting it to the point of delivery where we can effect change in terms of protecting our populations in the most effective way, making sure that we have a focus on smoking cessation, that we have a consistent and unified approach, and that we have the agility and adaptability to target different cohorts and different populations effectively. From the public health perspective, though, the Bill is hugely supported.
Alison Challenger: Similarly, from the Association of Directors of Public Health, the Bill is very much welcomed. It will represent a sea change in reducing harm caused by tobacco, which is still our biggest killer. Significant numbers of people continue to smoke and are still addicted to smoking. The product itself is not only extremely dangerous but extremely addictive at the same time. We welcome these measures to address that.
Q
David Fothergill: The engagement has been really positive and constructive. We have faith in the Bill and that it has the right intention, the right measures and the right provisions. Our concern is around the funding, the timing and the pipeline of trading standards. The key thing for us is that it is an empowering Bill; it empowers local authorities. If you tried to legislate for every single local authority to implement it in the same way, we would run into some quite difficult conversations and difficult times; it would make enforcement more difficult. Allowing local councils to do what is right for them is the route to go.
People who sit on licensing committees have local understanding. I can give you an example. Should we ban the sale of tobacco within 100 metres of a school? That would be quite easy to do in an urban area, but I look after villages. If you do that, they have lost their only shop. People would not be able to go to that shop to buy legally. So you have got to have local knowledge. It is the right Bill, but we need to make sure that it is an empowering Bill for local authorities to implement in their local communities.
Q
David Fothergill: It is very much about keeping our feet on the ground. Let us be honest: trading standards are under a lot of pressure and have been cut over the last 10 years. Trading standards have responsibility for enforcing over 300 pieces of legislation, so there is a lot of pressure on trading standards; but I think that by working with retailers and building the relationship locally and ensuring that we use enforcement as the final tool, we can work very well in our local areas.
Q
Professor Tracy Daszkiewicz: It is a really useful question. It is about looking at it through multiple lenses. So there is the enforcement element of it, but there are also the elements that go behind that. If you take hospitals as an example in terms of having NHS smoke-free sites, enforcement is part of that, but it is also about having cessation services in place. If you have people going in for elective surgery, for example, you have got a period of time where you can put in a smoking cessation intervention. It is a “waiting well” method, if you like, so that people go in for surgery in a way that makes for the best possible outcomes, and have an opportunity to either get towards a quit or at least not go in smoking. That enables patients not to be going outside and using cigarettes and so on, which enables that smoke-free site and also creates better outcomes for our patients. So, we do need to think about that.
There has to be a common-sense approach. We know that vaping is a tool towards quitting smoking; we recognise that is part of the process. Where we can get people off tobacco smoking, that is crucial, particularly around health and wellbeing. The open spaces element and the public spaces element is a part that we have really focused on in Wales. The learning from that is still going on; it is not the end of the road. We are learning all the time, adapting to new evidence and making the changes that we need to make to enforce that more consistently, but in a fair way for our population.
Q
David Fothergill: We would like to see a licensing scheme that is very aligned with the alcohol licensing scheme, although there clearly cannot be a single scheme. The four provisions within the alcohol licensing scheme brought in by the Licensing Act 2003 were preventing crime and disorder, ensuring public safety, preventing public nuisance and protecting children from harm. If we can build those provisions into this legislation for the licensing of the sale of tobacco and vapes, that will give us enough to work on. I would also say that the flexibility we need at a local level remains critical.
Q
David Fothergill: I will take the fines element first and then talk about the cost of licensing for those retailers. A fine of £200 is quite a low figure. I think it was £100 previously, so it has been increased. If you pay within 10 days, it goes from £200 to £100. If you sell 40 vapes in one day, you have paid your fine. Some retailers—very few, because the vast majority are scrupulous—will take the view that they could sell more vapes to under-age people and those they should not be selling to, and pay that £100 fine within 10 days. So yes, we view it as too low. We would like to see a review brought in within a year to see whether it should be increased.
If we can align the cost of licensing fees with alcohol licensing, that would enable us to find a way to reduce the burden, because the vast majority of people who are selling alcohol are also selling tobacco. We need to work with our businesses to reduce the cost of applying for those licences, which is why we need the consultation period over the next few months, before we bring in legislation, to ensure that we have worked with our retailers, the public and our communities in order to deliver a scheme that actually works.
Q
Alison Challenger: We are ultimately trying to reduce the harm caused by smoking—that is the big killer, and we really would not want to lose sight of that. The Bill also brings in elements around the second-hand smoke agenda. It is important to recognise that there are many vulnerable people who would potentially be harmed by breathing in second-hand smoke, so we welcome the fact that the Bill includes that element. As for whether it will increase vaping, it is really hard to know at the moment how that will work out. Potentially more people might switch to vaping, but ultimately, the Bill brings in a progressive approach to taking out smoking tobacco, which is to be welcomed.
Q
Alison Challenger: I do not have the actual figure, but it is significant. One of the early benefits of the Bill going through will be the impact on children, particularly around asthma. Obviously, second-hand smoke will be exacerbating some of those respiratory illnesses, particularly for children. There is a considerable burden on the NHS as a result of breathing in second-hand smoke. We must also consider those who have cardiovascular disease and those who have existing respiratory illness. It is not always evident that somebody is vulnerable, so it is really important that the measures in the Bill serve to protect those who are vulnerable from inhaling second- hand smoke.
Q
Alison Challenger: We are very mindful of that. Some of the statistics we give around smoking prevalence are an average smoking prevalence for often quite large geographical areas. For my own area in west Sussex, our local survey suggests there is a variance of 4.3% in our most affluent area compared with 16% in our least affluent area. Those are still averages. We also know that in households in the most deprived part of our area, 40% of children are exposed to cigarette smoking from a parent or carer. That is through our own survey.
The point I am trying to make is that there is very much a health gradient, and in those who are most disadvantaged and living in our most disadvantaged areas, we see both higher rates of smoking and more children exposed to that smoking. Those children are more likely to take up smoking if they have been exposed to it.
Q
David Fothergill: We have discussed this outside the room, and I think the area we would be most concerned about is illegal sales online. Our local teams could not get into those, and therefore we might need more national resources to break into how people are bringing illegal substances into the UK.
Q
Professor Tracy Daszkiewicz: That is exactly the focus: reducing health inequalities and ensuring we get good health equity across all of our populations. When we look at preventable premature mortality, we know that smoking is a huge driver around that. We need to think about this across the life course. If we can stop the harms that second hand smoke causes to children, we can then think about deprivation across the life course and people who are dying early from preventable harms, with smoking being one of the risk factors.
We need to focus really narrowly on that, because it is not just about life expectancy, but about the number of years we live in good health. In my patch across Gwent in Wales there is huge variance, with up to 14 years’ difference in healthy life years between the richest and the poorest parts of the population. It is about not only the health outcomes around that, but the economic part of it, in terms of work productivity and work days lost. When we think about the cost of the NHS, which we often do, that is the cost of healthcare, but if we look at the economic picture of employability, productivity and those kinds of things, it increases that sum tenfold. We need to think about this so that when we look at the inequalities associated with smoking, we do so through a social, cultural, economic and environmental lens, to ensure that we get the full cost impact. It is something that we need to be mindful of.
Alison Challenger: I wanted to make a point about household income. We know that cigarette smoking is incredibly expensive. If one or both parents smoke in a household with a low income, that will have a considerable impact on the family’s spending capability for other things. It is not a matter of choice, either; smoking is an addiction. Seven out of 10 smokers really do not want to smoke, but it is incredibly difficult because of the level of addiction. If one or both parents smoke in a family household, that has huge repercussions for the funding of all the other household commitments.
Q
David Fothergill: That is where local knowledge comes in. Taking that shop in the village, we would not say that it should not sell tobacco, but we would say that it should not be selling tobacco during these periods—for example, 8.30 am to 9.30 am, or 3.30 pm to 4.30 pm. Knowing the local communities and being able to put in local restrictions would help us to really have an impact. Clearly, in urban areas it would be very different.
When the Minister asked questions about England, Wales and Northern Ireland, I should have said that what we would really like to see—it is in the Scottish legislation—is verification, where people are required to verify their age. Challenge 25 seems to work really well with alcohol, and we would like to see that brought in. We understand that that is in the Scottish legislation, and we would like to see it brought in in England as well.
If there are no further questions from Members, I thank the witnesses for their evidence today, and we will move on to the next panel.
Examination of Witness
Professor Linda Bauld gave evidence.
We will now hear oral evidence from Professor Linda Bauld, who is a Bruce and John Usher professor of public health and co-head of the centre for population health sciences at the University of Edinburgh. Thank you for being flexible and appearing earlier in today’s session. For this panel we have until 3.10 pm. If Members want to refer to Professor Bauld’s contribution and evidence, it will appear further on in your packs.
Q
Professor Linda Bauld: Thank you for the question. The first thing I would say is that I very much welcome the legislation. I also welcome the fact that it was introduced by the previous Government and then brought back by the current Government. I welcome the cross-party support I have seen. The academic community has contributed a lot of evidence to inform this legislation.
What I meant by those remarks was based on the previous Bill. There were areas that could be strengthened, and that is what we have seen in the current proposals—new measures are being introduced, many of which will need to be consulted on, and there are powers that can be acted on. In those remarks, I was thinking more about the implementation of the legislation and the regulations that will be required. A lot of that will need to be consulted on, but we need to ensure that we strike the right balance between what I see as the two primary priorities in this legislation: protecting young people and preventing smoking uptake. We must also protect young people from the harms of vaping, while also recognising the needs of the 6 million smokers we still have in the UK, who we need to support to quit.
I think the proof will be in the pudding. As all Members know, a lot of action will need to be taken forward to ensure that we get it right at the regulation stage. Certain elements of that will need to progress at pace to make sure we seize the moment to get it right.
Q
Professor Linda Bauld: As you know yourself, it is one of the leading causes of premature morbidity and mortality for the mother if she continues to smoke during and after the pregnancy. It is also a major cause of complications in pregnancy and for the baby, in terms of low birth weight and even stillbirth, along with a variety of other complications. The consequences of low birth weight are manifold in the health outcomes for the baby and the child. Finally, as you have heard from other witnesses, if the mother continues to smoke, or if other members of the household are smoking, that child is exposed to second-hand smoke in the home and is also three times more likely to become a smoker themselves.
As I think we heard from the CMOs—it could have been other witnesses—one of the great promises of the legislation is this prevention piece for young mums and partners, even pre-conception. We know that if we prevent smoking uptake earlier, the parents of the future are far less likely to smoke. The levels of smoking we have in pregnancy now are at around 9% or 10%. They have reduced a lot, but we can drive them down even further. It is important to make the connection between the smoke-free generation measures in this Bill and reducing smoking in pregnancy.
Q
I had a look at the evidence for how good people are at establishing how old somebody is. We are often told, “Don’t try to guess someone’s age—you can get yourself into a lot of hot water by doing that.” The research I found online showed that we are remarkably not very good at establishing how old somebody is. We are quite good at establishing if someone is of a similar age to ourselves, but beyond that, it is not that easy. What information do you have on the research in that field?
Professor Linda Bauld: I will speak just to the Scottish scheme. As we have heard from the previous witnesses, Challenge 25 is quite easy to implement. It is widely used and highly effective. The benefit of Challenge 25 is that you have got people who are obviously a number of years older than the legal age of sale for the product they are buying, be it alcohol or another product, and it includes anybody who looks roughly around that age, so asking to check age verification is actually very effective. As the regulations in this Bill are taken forward across the four nations, ensuring that we have robust age verification as part of the scheme could be effective.
Q
Professor Linda Bauld: I think we also heard this from previous witnesses, but as the legislation comes into place, it is really not about 34-year-olds versus 35-year-olds; it is about acting on the age of sale gradually, so that we are de-normalising tobacco use and stopping the start at an earlier stage.
By the time we get to the difference between the 34-year-old and the 35-year-old, you will have far lower smoking rates than we do at the moment. The modelling for the legislation that was carried out by the University of Sheffield for the Department of Health and Social Care suggests, as I think Hazel Cheeseman said earlier, that by 2040 we will have reduced the smoking rate among those aged 14 to 30 to 0.4%—down from 0.6% by 2030—so I think you are going to see very low rates. To go back to Challenge 25, age verification is something that we can build in, and, irrespective of how old you are, actually seeing proof of age will support this.
Q
Professor Linda Bauld: Thank you for that question, Minister. I have been working in tobacco control for almost 30 years, and the impact has been phenomenal. If you look back to the late 1940s and 1950s, 80% of men smoked in the UK. We have driven that down gradually over the years. We started to measure it in about 1974, and the level of smoking in the UK is now about 12% or 13%—the second lowest in Europe. The reason that we have achieved that is in line with what is being proposed in this legislation. It is about using comprehensive measures and implementing them over the years to regulate what I often call the four p’s: the product, the place, the price and the promotion. You are taking action on potentially all of those—including price, with the levy that is coming in, or the tax on vapes.
We have made a lot of progress, but we are not there yet. I think what you will hear from my clinical colleagues later is that in line with keeping that firm focus on prevention, as you are doing in this Bill, we also need to keep the focus on cessation and particularly on marginalised groups, deprivation, mental health and so on. The key is comprehensive tobacco control. Keep doing it, and that is what the Bill is adding to.
Q
Professor Linda Bauld: If I can start with the second part of your question, in terms of not deterring adult smokers, we need to continue making the products available for smoking cessation. We are not banning vapes—that has happened in a number of other countries, as the CMO for England was saying—but we are recognising the things that make them appealing, attractive and affordable to young people, and taking action on those. It is fine for the adult smoker not to be able to see a wide array of advertised products on the shop front, on the billboard or at the point of sale, but to know they are there behind the counter and ask for them. I also do not think that the adult smoker who is trying to quit cares about gummy bears or Coca-Cola flavours—maybe they want some flavours, but not all of them. It is about striking a balance.
Finally, although we are not here to talk about the funding of smoking cessation services today—certainly in England, you have made previous announcements about that—it is important that in clinical settings and through stop smoking services we can give good information about vaping and other cessation aids, and support people to quit that way.
Q
Professor Linda Bauld: It is very ambitious on tobacco. We will be the first in the world—after unfortunate events in New Zealand, from my personal perspective—to introduce the smoke-free generation policy, and the world is looking at us. That is good. In terms of protecting people from vaping, the Bill has a proportionate set of measures, but if I come back to the answer that I gave to the shadow Minister, we really need to keep our eye on the regulations and—going back to the Minister’s questions—make sure that we are striking a balance. Given the evidence that we have for much stronger regulations on vaping, I think this strikes the right balance, but we need to make sure that we do that in a proportionate way. Finally, to go back to the comments from the previous set of witnesses, we also need to make sure that local areas have the flexibility around some of the measures to adapt them for their local circumstances.
Q
Professor Linda Bauld: Dr Ahmed, you know—as Sir Gregor Smith said earlier—that smoking rates in our most deprived communities in Scotland are about 26%, compared with 6% in the least deprived. That is a very big number, and we see that pattern across the UK.
The Bill will make a difference in several respects. First, on preventing smoking uptake by gradually raising the age of sale, the evidence that we have from studies done by my colleagues at University College London and elsewhere is that previous rises in the age of sale have not exacerbated inequalities but have had a benefit in terms of preventing uptake. We know from the evidence that we have that those measures should be useful and helpful, and should not exacerbate that. The other thing is that, to go back to my earlier answer to the shadow Minister, by preventing smoking uptake in the groups that are likely to be future parents who are already likely to smoke, which are highly concentrated in our most deprived communities, we are going to have an impact there.
I do not see any signs in the Bill, when I look across the measures, that we will be exacerbating inequalities with it. I think that we will probably have the biggest impact in the areas where we have the most smokers which, unfortunately, are our most deprived communities.
Q
Professor Linda Bauld: I do not have in front of me the cost to the NHS—other witnesses will probably have it at the tip of their tongue—but it is substantial. If you look at the number of admissions to hospital from smoking, there are over 500,000 every year in England, and we still have over 75,000 deaths. By reducing smoking prevalence, you are going to see very significant impacts and cost savings.
The other thing we know from our research, as previous witnesses have said, is the effect on productivity and workplace absence. As you all know from your constituencies, smoking is also driving some of the loss of people from the workforce in their 50s, early 60s or even younger that we have seen recently. I think that you will see cost savings and an impact on productivity.
The final thing that I would say on that, despite not having the figures in front of me, is that this is an area that causes such a burden to the NHS. One of the things that our CMOs did not make clear earlier, although they said it indirectly, is that if you look at non-communicable diseases in the UK, smoking is the only risk factor that is linked to all four of our NCDs—respiratory conditions, cancer, diabetes and heart disease. It is the only one that is directly linked to all of those. If you think about all of those diseases, and the burden of disease that Sir Gregor mentioned, of a 21% increase by 2040 in my own nation of Scotland, we are going to make an impact on that, and that will achieve cost savings for the NHS—and, importantly, for social care.
Q
Professor Linda Bauld: I think there are political aspects to that, which I will not comment on, but obviously the understanding was that it was a very comprehensive and ambitious set of measures that was introduced. Like this Bill, it was about not just the smoke-free generation but other measures as well, including, interestingly, on the density of retail outlets, which might be something for another day or another, potential future measure. A new Government came in and decided not to take it forward.
The learning that we need to take from that, from my understanding and from speaking to colleagues there, goes back to the CMOs’ evidence about the lobbying that is going to occur. The tobacco industry and partners around the industry are very powerful, so persuading colleagues that this is undermining choice and that it will be a burden in terms of regulation, cost to retailers and so on—those were the arguments that were used in New Zealand.
We need to keep a watchful eye, as we think ahead to the regulations and the next steps for the legislation, that we do not open that door too widely and allow those arguments to become too powerful. As you heard earlier, that industry is continually looking for new recruits to replenish those it loses through morbidity and mortality, and that will happen in the UK as well unless we get this right.
Q
Professor Linda Bauld: This is quite a comprehensive piece of legislation, with lots of different pieces, so I will give a couple of examples. One area we looked at was protecting more places from second-hand smoke, and the health benefits of that to people who are vulnerable—people with asthma, respiratory conditions and cardiovascular disease—are very immediate. When the smoking ban came in in England in 2007, I did a study looking at admissions to hospital from myocardial infarction after the legislation was introduced, and in the first year we saw substantial reductions in admissions to hospital for heart attacks. So I think some things will be quite quick.
In terms of the pregnancy question, if a woman is not smoking during pregnancy—some of the measures encourage that—the health benefits to the mum and the baby are immediate and long lasting. I also mentioned the modelling statistics on driving down prevalence, which is obviously going to take more time. There are then the regulations to protect young people from vaping, some of which will, I think, have quite a big effect if they prevent somebody from taking up vaping at all, and some will take a bit longer in terms of driving down the rates. It is a balance.
The final thing I would say is—this is my opportunity to make this point, as you would expect—please, let us make sure that we do the research. We must support the academic community to do the research to monitor how the Bill is implemented, so that we can provide evidence that what colleagues have put forward and decided to do actually makes a difference. Other countries will then be able to look at that evidence and make up their own minds.
Q
Secondly, linking to the economic argument you made earlier, you are right that deprivation is key. There is more smoking in deprived communities. I have asked all the witnesses this question. Is there a concern that because of the concurrency of people vaping and smoking, the people who are doing both will move to an economically cheaper option—that is, pick up smoking again because vapes might become more expensive because of other measures that are introduced? Has that concern been raised in academia?
Professor Linda Bauld: Let me start with the first part of your question. Those data come from the Action on Smoking and Health survey covering Great Britain, which was funded by Cancer Research UK and conducted by YouGov for ASH. Those harm perceptions are really concerning to me because we do not want people who have never smoked or young people to be vaping but, from the evidence I have seen, if more of those 6 million smokers could switch to vaping, we would see health benefits. I think those misconceptions are largely driven by the media and some of the myths—the really harmful stories that get the front page. We need to deal with that and make sure that health professionals and others are empowered to give accurate advice about vaping. We have got a distance to run on that, and anything that the Bill can do to assist that would be welcome.
On whether people who are dual using, which is a significant proportion of smokers, are more likely to switch to smoking if we take action on, for example, removing point-of-sale displays or take other measures on vaping, I am actually not sure about that. The key point is that we need to continue to make smoking more expensive than vaping and to make sure that we address the availability of tobacco in our environment and in different settings. If we can keep that balance to show that vaping is a good option for cessation and is more affordable than cessation, while we keep doing the research on it, I would be optimistic that we are not going to see masses of smokers who are currently vaping to cut down just switch back to smoking in its entirety—hopefully.
Q
Can I ask people to speak into the microphone if they can? We are often finding it difficult to pick things up, and the volume is on maximum as it is. Thanks.
Professor Linda Bauld: I think that the legislation, as currently put forward, is good. There are not areas where I would say that the research community—the colleagues I work with—would suggest that the right measures have not been put forward; I think they have been put forward. But I will come back to the point I made at the beginning: I think it is about the implementation, and making sure that we get that right.
Again, I would come back to the four F’s that I mentioned at the beginning. Just thinking about implementing this, I think there are things that need to be considered in how we sequence things. For example, in the last session, you heard from witnesses about the licensing scheme; we already have a register in Scotland that works pretty well, and we are going to move to a conditional register. As those licensing elements and so on have been consulted on, let us at least get retailers in England and Wales on a register, so that we know who is selling vapes and tobacco, until we move to that next step.
Thinking about the promotion aspects, and in-store promotion in particular, let me just give you one figure from a recent study conducted by my colleagues at the University of Stirling—the Cancer Research UK-funded vaper study. When they asked young people where they were seeing the promotion of vaping products, it was on shop fronts and in shops. At almost two thirds, that is the most common area where they see advertising promotion, and then on posters and billboards. There are also concerns about social media and so on. So, again, if you are thinking about what you might implement first, some of those in-store promotions are important. Then, on the product, I think that removing those promotional characteristics from the packaging and labelling is particularly important. Those are the kinds of things that I think need to be brought forward first, as well as thinking about really getting the regulation right.
The only other thing I would say is that, in terms of the different products in this Bill—and it is very flexible—let us not forget the categories that maybe you have not asked about yet. I think one colleague mentioned shisha, but there are also smokeless tobacco products, which are used in some of our communities in particular and which often get through the loopholes. I have done a number of studies on oral tobacco, which we know is very harmful and is linked to mouth cancers and head and neck cancers. So let us make sure that we just keep a focus on the range of tobacco products, even though the dominant product used is the cigarette.
Q
Professor Linda Bauld: That is an interesting question. My colleagues at UCL did a study that looked at what happened when they raised the age of sale from 16 to 18. I have to be honest with you: at the time, the tobacco control research community would not have pointed to that as the most ambitious measure that you could do; we did not think that changing the age by just two years would make an impact. But, from the data, it actually created 1.3 million more people who could not be sold cigarettes. We also know that, at the same time, due to the action on illicit tobacco, which is really important, the amount of illicit tobacco consumed fell by about 25%. So it is about those two things in partnership: tackling illicit, which of course is really important, and changing the age of sale.
The promise of the smoke-free generation is more ambitious, however. Rather than just raising the age of sale by a few years, we are gradually changing it over time. That protects future generations, because we do not have the big jump to being suddenly ineligible to be sold cigarettes. To go back to the evidence in the annexe to the legislation, which shows the modelling done by my colleagues for the Department of Health and Social Care, it looks pretty robust. I think that this will have a big impact over time. I hope that is helpful.
Q
Professor Linda Bauld: That is interesting. I think a similar question was asked earlier. I do not think that history bears that out. Often, a concern is that if we take action on one product, we displace youth use to other products. With action that we have taken on smoking over the years, we have not seen a dramatic increase in, for example, youth alcohol use or use of other legal products. There are still major issues with young people consuming alcohol but, actually, the number of young people drinking at harmful levels has reduced in recent years, at the same time as tobacco measures have been introduced over time.
I do not think that we will see a big displacement to other substances by introducing this set of measures, but we need to keep our eye on getting that balance right. In terms of the other products that we are concerned young people might use—obviously, there are illegal drugs, which we have separate legislation on, and we need to keep an eye on alcohol control for young people—all those things need to happen together. But I have not seen any evidence to suggest that taking this kind of action will cause some other public health issue that we need to be overly concerned about.
If there are no further questions, I thank the witness, Professor Bauld, for her contribution. We will move on to the sixth panel of witnesses.
Examination of Witnesses
Lord Michael Bichard and Wendy Martin gave evidence.
We will now hear oral evidence from Lord Michael Bichard, chair of National Trading Standards, and Wendy Martin, director of National Trading Standards. We have until 3.30 pm with this panel. As you can see, because both the earlier panels finished earlier than expected, we have a fair bit of extra time for these two witnesses, if they wish to use it or if Members wish to ask more questions.
Q
Lord Michael Bichard: Good afternoon. We will try to be provocative, so we can keep this going until half-past three. It is as long as a piece of string, in a way. If you compare the penalties to those in some other legislation, they are a bit low. On the other hand, trading standards can prosecute if we find, for example, that someone is a repeat offender, and then I think the fines are up to £2,500.
The only thing we thought might be possible would be to have a higher level of fine for a second offence. I think the first offence is a £90 fixed penalty, but you could have a couple of hundred for a second offence. But we enforce; we do not fix the fines—we just do what you tell us. It is not an unreasonable figure, although it certainly could go up, rather than down, and we could have something for a second offence. Also, we could take action through prosecution for someone who was constantly offending.
Wendy, do you have any thoughts—
Lord Michael Bichard: Sorry, I did not hear that. The sound is not—
Q
Wendy Martin: Lord Bichard has spoken about the rather varying levels of fines that do exist. The other point worth making is that the issuing of a fixed penalty notice is not automatic anyway. A lot of the work, especially around first offences, would be to try to support businesses with advice on how to comply with the law. It is not the case that, immediately you find something wrong, there will be a fixed penalty notice. There are a lot of drivers for compliance, especially with legitimate businesses that want to comply. As we said, prosecution is an option and you have the £200 fixed penalty, but for longer-term or egregious offences—definitely for repeat offences—prosecution through the magistrates’ court is likely to be an option.
Lord Michael Bichard: One of the problems with prosecution is that it costs money. Therefore, if you can train retailers not to offend, that is a better outcome than having to issue a fixed penalty. For local authorities in particular, with their resource situation being what it is, the last thing they want is more bureaucracy around fixed penalties, prosecutions and all the rest.
Q
Lord Michael Bichard: Do we welcome that? Yes, I do. It is our task to take a proportionate position. Some people make mistakes, and there is probably no point in even a fixed penalty notice if someone has just made a mistake. As Wendy has said, training is probably a better option. However, if someone is clearly determined to flout the law, you need to increase the penalties.
Q
Lord Michael Bichard: This is not complex legislation. One of the points we want to make on behalf of trading standards is that we are used to doing this sort of stuff. We are used to doing it for tobacco and illicit cigarettes. It is not complicated. The main issue is, as you say, age identification. People are increasingly used to having to provide some identity or proof of age for all sorts of things. In terms of training retailers, that is about it: if they have any doubts, they need to seek identity.
Q
Wendy Martin: No training exists at the moment, because the law is not in place yet, but you are quite right that Challenge 25 is the industry standard in terms of current age-restrictive products, no matter what they are. Certain industry organisations, such as the Association of Convenience Stores or the British Retail Consortium, put on a lot of training programmes for members. There has been Government-funded training in the past. The Chartered Trading Standards Institute hosts a site called the Business Companion, which has good, simple guidance and information that is designed specifically for small businesses and is easy to read and digest.
There needs to be a change of mindset around needing to ask for a date of birth, rather than asking, “Are you 18?” There does need to be information out there, as long as it is not complex. It is a case of reinforcing that, but I think those routes do exist via those websites, industry groups and pre-existing information that needs to be updated. There should be as much communication as possible with the public and businesses as the Bill goes through and gets Royal Assent about what to expect and what is required.
Lord Michael Bichard: Again, we want it to be proportionate, because small businesses cannot afford to spend a huge amount of time in training rooms. I do not think personally that this requires profound, long-term training. It is pretty simple stuff. A lot of it can be done informally.
Q
Lord Michael Bichard: I try to make it a principle of my life not to go around asking for more money from Government or the Treasury, so that would not be my first response. However, you have to look at this in context. Trading standards resources have been reduced by about 50% over the last decade, and staffing in local authority trading standards has gone down by about 30% to 50%, so we start from a very low base.
The suggestion that has been made is that trading standards should get £10 million to implement and enforce the legislation. That sounds like a not unreasonable figure, but the way in which it is distributed is quite important. If it is going to be done on a one-year rolling basis, that makes it difficult for local authorities to employ staff; you need some stability if you are going to employ staff. We think that, if it will be £10 million, it needs to be on a four-year cycle so we know that for four years we have that money and can employ the staff.
The other issue to be concerned about is that local authorities that I know—I am a local authority man originally—have been under huge pressure. There is always a temptation to take whatever money is there and use it on the highest priority. If this money is to go to tobacco and vaping, I am afraid that it probably needs to be ringfenced. I know there are some local authority former members here who will not agree with that—I do not normally agree with it, because I think local authorities should have the space to make their own decisions—but if you want this money to go to tobacco and vaping, it will probably need to be ringfenced.
I will make two final points. I know it sounds like a detail, but quite a lot of money has to go on storage and disposal. We think it is about 50p to £1 for every vape. That has to come out of the £10 million. Finally—this is really important—some investment has to be made at ports of entry. That is probably the most important intervention of all. We depend on UK Border Force in particular to give us the intelligence to enable us to target our efforts. We are already responsible for product safety at ports, so we rely on UK Border Force. That needs to be properly resourced because, as you will appreciate, it has a lot of other important priorities. If it is going to be effective at port level, we feel that about 20% of whatever money we get needs to be spent there.
I say that with some knowledge, because I visited a couple of ports before Christmas just to see how the product safety stuff was dealt with, and I was pretty shocked. I went to Southampton and Dover, and I must say that on occasions I felt that whether or not we were successful was pretty random. As I say, we were often not getting the intelligence from UK Border Force to enable us to target our resource, and I understand why. We only have a very small number of staff at these ports. We should not underestimate how important port entry is and some money has to go to that. That is a long answer to your question: £10 million sounds like a lot, but if you put in storage, disposal and ports, that makes it look rather less generous, and it probably has to be ringfenced and done on a four-year basis if it is going to have an impact.
Thank you, that is a really helpful answer. We know that vapes are very difficult to dispose of and to recycle.
Q
Lord Michael Bichard: I think we do feel we will have the right powers, based on the fact that we are already doing some of this quite successfully. We seized something like 2 million vapes last year; we carried out 400,000 test purchases—which is how we check whether or not the legislation is being enforced—and we seized, I think, 19 million illegal cigarettes. So in a way, this is not new stuff for us; it is just bigger. We have the powers and we use them quite effectively. We know that HMRC thinks we are pretty effective in relation to tobacco. We like to think we are a good delivery agency.
Wendy Martin: There has been a lot of work in the development of the Bill and the associated Department for Environment Food and Rural Affairs legislation around the ban on single-use vaping products with officials, so we have worked together with them to try to get this to a good place in terms of enforcement powers.
Q
Lord Michael Bichard: No. Our experience of the illicit tobacco market is that it has reduced rather than increased, despite the additional regulation, the price rise and all the rest of it, so we do not think that is a serious issue. We think that there are a number of myths around illicit tobacco and illicit vapes that do not stand up to close scrutiny. So no, we do not think that is a serious problem.
Q
Lord Michael Bichard: Yes, I think we feel that. You might also consider an increase for second offenders before you move to prosecution. I do not think anyone wants to move to prosecution, because it is such a time-intensive process. I know we have limited time, but one thing we have not talked about is retailers. We also ought to be concerned about the online market—or rather, you should be concerned, as we are. It is a difficulty for us and for local authorities, because no single local authority thinks it should be responsible for enforcing legislation in an online marketplace.
We have a solution to that, which is that we have a lead authority that we think could deal with this and avoid the problem with individual local authorities. I think that will become an increasingly important element of the vape marketplace.
Q
Lord Michael Bichard: It seems to me that it is now such a part of life that it is not as big a problem as it was; I think it is a problem that will diminish.
Wendy Martin: Certainly the retail violence is of concern and has been well publicised. It is clearly a policing issue rather than a trading standards issue. I guess it needs activity to make sure that everyone understands what is being done and why it is being done, and to make sure that there is a policing response, if possible, where there are issues. I know that local authorities work through community safety partnerships and things like that in local areas if there are particular incidents. Again, it is not specifically a trading standards response, but local authorities and local police forces will work together to do their best to address these things, because nobody wants anyone to be threatened with violence.
Q
Lord Michael Bichard: We think it does. You have to look at the package, because you do not just have age regulation or display and promotion regulation; you also have the proposal for licensing—which, by the way, we do not see trading standards being equipped to do; that is a local authority business and, as a former local authority man, I would have to say “with the resources”, because there is always a danger that you give local authorities more power but you do not give them the money.
You have regulation, you have licensing and you have registration of products. If you put all that together, I think it is quite a powerful package, but it does need to be backed up with the resources, because it is delivering it that really matters. We are all used to legislation that sounds great and never gets delivered.
Wendy Martin: I agree; we think the balance is there, hopefully with good communication to businesses. Again, in a similar way, this is not going to be entirely new territory—certainly for those businesses that are already involved in the sale of alcohol and tobacco in particular—in understanding where to go for support and the kind of controls that are in place. Certainly, if the changes are made to the product registration scheme, which should then make it more effective for businesses to be able to check that a product they are stocking is legal and compliant—if the package is right, as Michael said—it should not be too complex for businesses to comply with it.
Q
Secondly, in the United States, you can have products with up to 60 mg-worth of nicotine; that is a standard product in the United States. In the UK, it is 20 mg, or significantly less. Is there an awareness within trading standards of just how much we are potentially out of kilter with some of the key markets that we are aligned to? Our limit is significantly lower than those of other major economies, so do you think that we might therefore have a problem with products perhaps coming in from other sources that are not the same as tobacco? Is that a concern for your Department?
Lord Michael Bichard: I will pass that one to Wendy, if it is not unfair. On the first point, you are right that we think that that is going to make regulation enforcement easier but I will have to leave the second question to Wendy, I am afraid.
Wendy Martin: Just to reinforce Michael’s point around the digital stamps, I am not close to this myself, but I know that trading standards colleagues who are operational experts in this field are working in response to the various HMRC consultations about the implementation of excise and tax stamps, and those sorts of things. I know those conversations are happening, and I think the view is that that kind of simple identification is really important for trading standards.
In terms of the 60 mg versus 20 mg, I am afraid I do not have any detailed knowledge of that personally, but I would certainly anticipate that those kinds of challenges and issues would be built into the guidance and information being put to officers and any planned training programmes once we know the final form of the Bill, the excise duty and all the other changes coming over the next few years as the Bill and other legislation progress. I am sorry that I do not have a detailed answer.
Lord Michael Bichard: But we can get it for you.
Q
Lord Michael Bichard: I do not want to sound complacent, because I am not. But this is something we are used to doing, so we do not see that as a major issue or a major problem. That is what we do.
Q
Lord Michael Bichard: No, the point I was making was about enforcement.
Wendy Martin: To add to that, as part of the programme that DHSC has been funding for the last 18 months, we tested out a number of issues, and one was online under-age sales. I think we tested 312 purchases, and there was a 10% failure rate. That was significantly lower than premises-based sales. There was a lot in the platform’s corporate website design to try to ask the right questions and kick purchasers out. It is very much about who does it and who takes responsibility, rather than a major problem in itself.
We also work quite closely with the Advertising Standards Authority, and it does a lot around broadcast and published media, and website compliance and claims. That is quite a well-established mechanism for enforcement. It is about the structure of enforcement, as you have rightly identified.
Lord Michael Bichard: It is probably worth pointing out—it does not relate to the online point—that I said earlier that last year we carried out 4,000 test purchases, and 26% of those were failures. Compared to the 10% online, it is significantly higher. This is a very practical point, but some of the other changes that are going to happen will make it easier for us to do test purchasing. At the present moment, we can only use children or young people, so we have issues of safeguarding and we can only do it at certain times of the day. It should become easier, in that sense, for us to enforce the legislation.
Q
Lord Michael Bichard: It will be enforced in the same way we enforce it for tobacco and other things. This is not new. Trading standards officers employed by local authorities are constantly visiting premises, and they will therefore deal with any offences that are being committed. They also have their own local intelligence networks. We cannot afford, because we do not have enough staff, to just have a random system where we pop in every now and then. We depend on people giving us intelligence. Some of those people are members of the public, and some are from other agencies. We try to target what we do. When you visit a shop—there are something like 60,000 outlets—you can see whether the current legislation, or future legislation, is being implemented. We can take action against the retailer if it is not.
Q
Lord Michael Bichard: Absolutely. I was going to say that if you are making a case for trading standards to have more resources, I am absolutely with you. I think that trading standards does an amazing job with limited resources. One borough in London now has no trading standards officers, and that is a great worry. We are there to protect consumers in all sorts of ways, but we are also there to try to establish a fair marketplace, so we are working on behalf of legitimate businesses. A lot of retailers want to support us in dealing with bad practice among their competitors. Yes, we need more resources.
Wendy Martin: Clearly, the responsibility is on businesses to comply with the law, first and foremost, and the hope would be that the vast majority of those outlets do so, because they are either part of bigger businesses with corporate structures to ensure compliance, or part of trading associations where that training and information is available. Generally, most people want to do the right thing. What that means is that the additional resources are necessary and can be focused on those sectors where there is intelligence from consumers, enforcers and other businesses—businesses will complain, and rightly so, about competitors who are flouting the law. That enables targeting, rather than feeling the need to try to inspect 60,000 or 70,000 premises. That would not work, and it does not need to work like that.
Lord Michael Bichard: Local trading standards officers know the problem retailers, where the problems are. I started my career doing prosecutions for trading standards, so I know a bit about how they work on the ground. They know where to target their efforts. I should also point out that there is a committed workforce here. Recently, we did a survey of the workforce, and 80% of them supported the legislation. It always helps.
One final quick question from Jim Dickson, before we have to go on to the next panel.
Q
Lord Michael Bichard: I cannot see that it would not be useful, but it is not something that has come across my desk.
Wendy Martin: Mine neither, but intelligence-led enforcement means the more that intelligence is available, the better one is able to target. I do not know exactly what tobacco companies collect, but generally any intelligence is useful.
I thank both panellists for their evidence. We will move on to the next panel.
Examination of Witness
Inga Becker-Hansen gave evidence.
We will now hear oral evidence from Inga Becker-Hansen, who is policy adviser for retail products at the British Retail Consortium. For this panel we have until 3.50 pm.
Q
Inga Becker-Hansen: Good afternoon, and thank you for the opportunity to speak. The question was about age verification, I think—sorry, it is a bit quiet for me here.
Yes; what are the challenges in implementing the new regulations?
Inga Becker-Hansen: One of the key challenges of age verification is this idea of the rolling age for the smoke-free generation. At this point it is quite identifiable, with those under the regulation being 15, but in 30 years’ time if you have someone who is 45 versus 44 from the date of January 2009, it may lead to ID for each sale of a given product, if that makes sense. This will eventually lead to potential issues. Points of sale can be a flashpoint for violence and abuse against retail and shop workers, so it is a real concern for retailers that that could be an issue in the future in terms of the smoke-free generation and the ageing of that generation.
We would also like to highlight that a digital ID could possibly make things easier. The Department for Business and Trade is promoting the use of digital ID for alcohol consumption. That could potentially be included as a means of age verification to make the process easier for the average consumer and member of the public.
Q
Inga Becker-Hansen: Specifically for under 30 or 40 years old, I do not think we have anything. I imagine that with the Bill something would be implemented.
Could I ask everybody to speak louder, please? The microphones are not very good at picking up the sound.
Inga Becker-Hansen: Okay, no problem. In terms of age verification for product sale, our members have lots of experience of the sale of tobacco and alcohol products. They have till prompts looking at the date of birth of the customer in the store. There are also badges, posters and mystery shoppers to ensure that they are compliant. Challenge 25 has been implemented since 2009, and our retailers are very compliant with it. There are due diligence procedures that are agreed with primary authorities. I imagine that in terms of identifying sales for people under 30 or 40, it would be a matter for retailers to discuss with their primary authority to identify the best route for that in store.
Q
Inga Becker-Hansen: In terms of the licensing scheme for smaller retailers, it is more about the administrative burden that there will be, and the cost of that. Smaller retailers may not have as much capacity with regard to the licensing scheme. It is quite difficult to comment on it at this point, because we do not know the full detail. If the licensing scheme were to bundle alcohol and vapes and tobacco, or if they are separate or together—those are all the kinds of questions your smaller retailers will have to take on board with regard to the licensing schemes and what they can and cannot provide for their customers.
It will affect revenue for smaller retailers, so it is something to bear in mind. There will be increased bureaucracy and increased costs. We would welcome the opportunity to discuss and contribute to the design of the scheme, but we do not know the full detail, so it is quite difficult to comment on how it will or will not affect smaller retailers specifically.
Q
Inga Becker-Hansen: Retailers are quite comfortable with the licensing scheme for tobacco at this point. That is something we are used to as a whole. One aspect of it is the fact that your larger retailers, for example, who have multiple premises do not have to worry about individual licenses for those individual premises. That is something we are quite concerned about with the licensing scheme, and what that could mean. If individual licenses had to be applied for, that could lead to divergence across a retail brand, and that affects your overall public retail image for customers.
We would also like to highlight that if the licensing scheme were to follow something such as the tobacco licensing scheme—the idea that licensing authorities could approve or deny certain applications—that could affect long-standing, established, compliant retailers, and that could lead to a loss of revenue for them. We appreciate the need for the legislation. We appreciate the need for a level playing field, and that is what we would encourage through the Bill.
Q
Inga Becker-Hansen: Currently, retailers are used to the idea of over the age of 18, simply because of tobacco and alcohol sales. The identification of January 2009 is more difficult, in terms of the rolling age and how that will look in the future. Currently, it is quite identifiable. I would say that January 2009 is more difficult for retailers to handle in the future per se.
Q
Inga Becker-Hansen: Yes, currently that is true. However, in the future, if somebody walks into a store and they are 45 or 43, I would not be able to tell that at face value.
Q
Inga Becker-Hansen: From their ID, you would. What I am trying to say is that it raises the thing of eventually becoming “no ID, no sale”, which is a concept that retailers would have to follow. But it would also mean that consumer-wise, you would require a consumer-facing public awareness campaign to identify and illustrate to the general public that it is “no ID, no sale”, if that is the angle that the Government are focusing on.
Q
Inga Becker-Hansen: Ideally, with a cohesive guideline illustrating to retailers how to implement the legislation. We would also encourage alignment across the regulations in terms of new regulations coming through, such as secondary legislation on the licensing scheme, and consultations on any secondary legislation so that both larger and smaller retailers may contribute their ideas. Ideally, there would be constant communication with industry to understand how these changes are made, as well as a public awareness campaign so that the public is aware of the changes, which would hopefully reduce any potential violence against or abuse of retail workers.
Q
Inga Becker-Hansen: We would like to see a licensing scheme as a level playing field where small, independent and larger retailers are viewed on the same level. Again, we would encourage the multi-stores to require only one licence rather than looking at individual premises licences, because that will make things more difficult.
In terms of the tobacco scheme, ideally things would be grouped together so that there is less administrative burden and therefore less cost for retailers, so that, if the aim for the Government is to transfer from the idea of selling tobacco to people to selling vapes because of the health benefits, that transition is made easier for retailers. Adding on an additional licensing scheme with additional costs and a separate administrative system makes it more difficult for retailers to handle those things at the same time, particularly smaller retailers and independents.
Q
Inga Becker-Hansen: It is a bit difficult for me to give you specific details, but in initial response my thinking would be that it would be a discussion between retailers and their primary authority and how that is handled, bearing in mind smaller retailers versus larger retailers. I am happy to follow up in writing and give evidence that way, but I cannot give specific details currently.
Q
Inga Becker-Hansen: Again, I cannot give a conclusive answer at this point, but if you have different shops under one retailer that have different licensing schemes, it devalues customer confidence in the products they are selling across the country, if that makes sense.
Q
Inga Becker-Hansen: Okay.
Q
Inga Becker-Hansen: If you have certain branches of a certain brand selling alcohol in one shop, and then in another shop, they are selling alcohol and vapes, when you are going to purchase your product, you will think, “Okay, I will just pop to the shop”, but they may not have exactly what you need. But if you see it as a national product per se for the brand, then you have confidence in going into the retailer.
Q
Inga Becker-Hansen: Precisely. But then it should be up to the business or the retailer to decide that strategy for themselves rather than it being implemented.
Q
Inga Becker-Hansen: It is difficult for the BRC to comment on that, given that we are not public health experts or behavioural economics experts. I would therefore ask that you confirm that with public health experts, rather than the BRC.
Q
Inga Becker-Hansen: Some of the challenges with the restrictions on advertising will be at the point of sale of products for some retailers. There is also a query from retailers about how recycling schemes for vapes can be implemented if they cannot be advertised, and about how the Bill and the Government can support recycling initiatives alongside the reduction in advertising of vapes. Retailers appreciate the need to restrict advertising. Again, there is this idea of creating a level playing field among all retailers, rather than focusing on specific ones.
Q
Inga Becker-Hansen: Again, I do not have specific details, so I cannot comment. I am happy to follow up in writing.
Q
Inga Becker-Hansen: I think the key would be guidance for retailers on implementation and how the measures will be carried out. Again, there is the idea of encouraging a consumer-facing public awareness campaign that highlights the new restrictions and the safeguards for shop and retail workers so that, when the new regulations go through, the public are aware of the changes.
In any new secondary legislation, we would encourage alignment within the regulations themselves and across the devolved nations so that it is clear and consistent.
We can squeeze one more in if anybody wants to ask a question. I thank the witness for giving evidence.
Examination of Witness
Matthew Shanks gave evidence.
We will now hear oral evidence from Matthew Shanks, who is the chair of the Secondary Headteacher Reference Group and chief executive of the Education South West multi-academy trust. For this panel, we have until 4.10 pm.
Q
Matthew Shanks: That is quite a large question, but I can answer it from an anecdotal point of view and from talking to colleagues around the country.
Vaping is a bigger problem than smoking within schools. Children who would not contemplate smoking—sporty children, dancers and so on—engage in vaping because they see it as harmless. It is easily accessible. It is very difficult to detect in schools in a way that cigarette smoking is not. It is seen as very fashionable in terms of the way it is advertised and promoted. I am not saying that this is happening in every school, every day, but we can report instances of children going out of lessons to vape in toilets or various places. Vaping is difficult to catch, because there is no smell, unless they use bubblegum, grapefruit or other such flavours. It is having a huge impact on discipline within schools—on ensuring that children are in lessons, or are in school in the morning on time, and not off-site at lunch time looking for places to vape and so on.
Q
It is difficult to prove what is in vapes. Again, there are instances of vapes containing illegal substances, but that is difficult to prove, because of their small size and where they can be secreted or hidden. There is evidence out there of drugs being contained in vapes—snus or Spice in the vapes—being quite addictive. Any kind of addiction leads to misbehaviour, particularly if you put that into secondary schools or among older children in primary schools.
Q
Matthew Shanks: To speak frankly, those vapes are not marketed at 40-year-old people who are trying to give up smoking. I do not think that vaping is marketed at people who are giving up smoking—it is not a cessation tool: it is a tool to encourage young people to engage in something else. I have talked before about this—it is almost the gateway from chewing gum to the next stage. Half a mile down the road, if you walk towards Trafalgar Square, a shop on the right-hand side—I passed it walking in—is full of colourfully arranged vapes, which do not look harmful; it looks like a sweet shop.
Marketing and selling a vape that looks like a mini pen drive or a highlighter is only done so it can be secreted and make it difficult to catch students with them. We have had instances where part of the vape can be slipped into a bra, so we cannot search and find it. As I was saying, it is difficult to know what is in the vapes or whether people are actually vaping, which leads to confrontation between teachers, children and parents.
More recently, one of the things we have found is that, although they are still fashionable, we have seen a lack of fashionableness around the single-use vapes, because of the impact on the environment and the hope that they will be banned. There is far more reluctance—with arguments caused—among children and parents not wanting to give up larger vapes, because they have paid for them, and that therefore brings parents into conflict with teachers when they want to claim back their children’s vapes. Sometimes those vapes are their parents’ vapes or, sometimes, vapes that they have spent a lot of money on. My view and that of colleagues that I am representing is that vapes are not being advertised to help people to cease smoking; they are being advertised to encourage people to take up a habit.
Q
Matthew Shanks: At the moment, there is a vacuum around an understanding of what vaping is and what it can and cannot do. I cannot talk to the health aspects, because I am not a health expert, but it is something that is not clear. Because it is not clear, that is enabling children to engage in it and parents to encourage children to engage in it. There are instances of parents giving it as a reward because it is not a cigarette and they therefore see it as being “safe”. I think the Bill will help with that.
What is really important is the messaging and the education around the harm that vaping can do to young people and to adults as well. We need to bring it back to the original reason why vaping came about in the first place, which, as far as I was concerned, was about ceasing smoking. Lots of my friends took up vaping to cease smoking. They do not vape any more or smoke, but lots of children vape who would never contemplate smoking.
Q
Matthew Shanks: Children are very clever, and they will find a way round. On the other hand, far be it from me to sit here as a teacher and talk about funding, but vape detectors would cost money. Smoke detectors are in schools anyway, so it is far simpler. I think children will find a way around it. We saw a real decrease in cigarette smoking with the advertising and marketing. I have been teaching for 30 years, and we saw a decrease in that, but you cannot win an argument at the moment with parents or children talking about the dangers of vaping. That is the hardest thing.
Q
Matthew Shanks: Yes—very much so.
Q
Matthew Shanks: I think it will, but for some it will not unless it has the education behind it as well. I also think it is too easy for children to purchase vapes. It is all very nice to think of shopkeepers not allowing children to buy vapes or tobacco if they are under age. I am not denigrating them, but we have instances, for example, of a year 9 child who had a loyalty card for a vape shop. She is 13 years of age—she did not look 18—yet she is being sold that at the local shop. You go in and talk to the local shop and they say that no, of course they have not sold it to her, and then there is conflict there. We need to look at the legality of it and sterner punishment, for want of a better word, for people who are found to be selling.
The drop box online purchasing industry also needs to be looked at. I do not know how, but again, we know that people purchase vapes from those places. The education side is for parents, because parents and older brothers and sisters think it is safe and will therefore give them a vape. The Bill will help, but there are other things that could help as well.
Q
Matthew Shanks: Packaging and flavouring is really important. As I said before, it is set out as if it were sweets and bubblegum. Why would you need these different flavours? Why are they making something more attractive that is meant to help you stop doing something, so that if you do not like one flavour, you can try lots of them, and collect the different coloured vapes, or build them up into towers? Addressing all those things would help. Linking vaping with smoking, in terms of not being able to purchase it as you go up the age range, would also help.
Vape-free zones are really important. People are vaping indoors. I have seen it today in London on the tube, in pubs and other places—I have not been in a pub today, by the way; that was over the Christmas period, but people are vaping in pubs in the way they used to with cigarette smoke. Again, it is not seen as something dangerous.
If you put all that out there and then put children into the mix and they are looking up and seeing the colourful packaging, the flavouring and so on, why would they not do this?
Q
Matthew Shanks: Yes. My question would be: why would we not?
Looking at the number of Members who wish to ask questions and the amount of time that we have left, I ask Members to be short in their questions and the panellist to be short in his answers.
Q
Matthew Shanks: I would say yes to the second point, but I would aim the campaign at everybody, because we also need to educate parents to get them to understand. On the first point, I think people who want to find ways of rewarding people to get them to join things that are not appropriate will find something, and vapes are something that is being used at the moment. I am not saying that this Bill will stop that happening, because people will always find ways, but it will certainly help the majority of people to see that vaping is not something they should engage with.
Q
Matthew Shanks: Yes, I think the online area is hugely influential for children. It is where they spend a lot of their time—a huge amount of their time—so it would be really good if this Bill could look at that as well. I do not receive any online marketing adverts for vaping, but I am not 13 years old. I bet if I was, I would, so I think that is an element to look at.
Q
Matthew Shanks: I think the appearance and location of vape shops are important, so there could be better regulation around that. We have talked already about sponsorship bans. We have talked about raising the age of sale for vapes. I think vape packages should have the same kind of warnings that cigarette packages have on them. I really think so, because at the moment, they do not—and why would they not, if it is a cessation? “You are going to stop that, but you could still get this, so actually, we want to stop that.” Ultimately, that is what we should be aiming for.
I think the young people parenting support provisions are engaged in that, because as I have said, parents see this as a way of enticing children back into school or helping them or taking away an argument. You have to appreciate that I am not criticising parents, because they have a tricky job to get them back in. They see this as something safe and think they are caring for their child, so if we make it clear that actually it is not, that will be really important.
I have talked about vape detectors being useful in schools, but would it not be good if actually these things were banned? Then they could not be there. From that point of view, I think it is important.
Q
Matthew Shanks: Yes, but not on its own. It would help, but people will find a way to get something if they want it—we know that. The price hike without the education might increase other instances of unpleasantness between people, such as bullying, bribing, theft and so on. It has to come alongside education. The whole message needs to be that vaping is not something for children to engage in. It is something to help people to stop smoking. That is my view and the view of educators.
Q
Matthew Shanks: It is not that they are not an issue—
I meant that I was pretty surprised that they are such a predominant issue. I would have presumed that disposable vapes were the predominant issue.
Matthew Shanks: Oh yes, they are a huge issue.
Q
Matthew Shanks: The reason disposable, single-use vapes are more popular is that there is less to carry, so it is easier to secrete, hide and get rid of. Refillable vapes are fiddly to fill up, for a start. That is something that is not appealing, if you do not have that speed—I am conjecturing here around it. However, the flavours and colours are certainly something that influences and impacts children using vapes. As I say, I think the size of the single-use, disposable vapes is an issue. We have said, for example, that single-use vapes are banned anywhere on site, which means that parents cannot bring them in as well. What we have then seen in some of our schools is more children bringing in their parents’ vapes, and when you catch them with those, that brings conflict in. I was not trying to imply that people were not still using them, we just cannot necessarily know.
Q
Matthew Shanks: At the moment I would take anything that is not coloured and does not make it look like it is candy, to be honest, in the American version. They are like sweets, and when you walk in to shops, they are in your face with the way they are placed. They are not behind a screen shutter. Yes, the health benefits are not known in the same way, but I would like to see a move towards that for packaging. I would welcome anything that tells children that this is not something that is safe or recreational or a reward, and it will not help them to have a better life or to study better within school because it relaxes them—all those things.
Q
Matthew Shanks: No, with the refillable ones it is the way that the flavours are displayed, as well. It is not just the disposable vapes; it is all vaping. You can go into a shop with a refillable and buy four different flavours in four different colours to refill at a different time, and you all have a different toke of a different type of flavouring. That is exciting and different, because it is a reward and it is pleasant and it can help you to be calm.
I thank Matthew Shanks for his evidence today. It has been very interesting and stimulating for those of us who do not know much about vapes. I am sure we will take a lot of what he said into consideration in our deliberations.
Examination of Witness
Dr Laura Squire OBE gave evidence.
Now that things have settled a bit, I welcome Dr Laura Squire OBE, from whom we will now hear evidence. She is chief healthcare quality and access officer for the Medicines and Healthcare products Regulatory Agency. For this panel, we have until 4.30 pm, which is obviously 20 minutes.
Q
Dr Laura Squire: Thank you very much for that question—I welcome the chance to answer it. As you say, we are a healthcare products regulatory agency. That is what we are about. When a medical product comes to us, it has a medical purpose. For example, it might be something that is prescribed to help someone deal with issues of nicotine withdrawal and to get them off a product. That would be licensed as a medicine because the active ingredient in it is a medicine. The Medical Devices Regulations 2002 sometimes come into that too.
In order to give a licence to a product such as that, the manufacturer that has produced it will need to give us a dossier that has clinical and quality evidence in it—all sorts of things that go through a detailed assessment by our very skilled assessors, some of whom are medics and some of whom are skilled in pharmacy and also look at quality.
It is important to say that when we license any medical product, we do not say, “This product is safe.” We consider the risks and benefits of the product, and if the benefits outweigh the risks, we will give it a licence. We always say that medicines are not safe things, so if you do not need them for the benefits, do not take them.
The approach that we take on consumer products is very different. That is not an assessment process; it is a notification scheme that we undertake under the Tobacco and Related Products Regulations 2016, whereas before I was talking about the Human Medicines Regulations 2012 and the Medical Devices Regulations. Under the Tobacco and Related Products Regulations, we basically have a notification scheme. The manufacturer of a consumer e-cigarette would have to come to us and show that the product has the 20 mg, and that the refill container has no more than 10 ml, and then there are some limited labelling requirements. But we do not inspect or test that product; it is a data check to see whether those things are true, and then it goes on to the register. It is a very simple notification scheme, which is very helpful in terms of having a single record of what is out there on the market, but it is nowhere near the sort of assessment that we would do if it were a prescribed product that was proven to help people stop smoking.
The other role, once any product within our remit is on the market, is post-market surveillance. We have something called the yellow card scheme—people may have heard much more about it during the pandemic—whereby anybody can report a problem with a product. That covers consumer vapes, medical e-cigarettes and other nicotine-containing products that we might license.
We examine all the reports that we get, and if there is a signal that there is a problem, we sometimes issue a safety communication. We did that a couple of years ago when there was some evidence of lung damage. We have that role, and we often co-operate with other organisations where there is a need for enforcement. We heard from trading standards earlier, which does that. The roles are very different.
Q
Dr Laura Squire: I do not have any evidence of that, but it does worry me. We are an organisation that is about healthcare products, medicines, medical devices and blood products—that is our business—and it concerns me that people might think that vapes are safe. When I talk about risk-benefit, what I mean is that vapes are safer than tobacco; I do not think that anyone disagrees with that. However, vapes are not safer than nothing—and we do not actually know how unsafe vapes are, because there is a need for much longer-term study and understanding of the damage that they could cause.
My feeling is that, yes, there is potentially a misleading position with an organisation like ours, which is basically about healthcare products, running this scheme.
Q
Dr Laura Squire: I think we heard earlier about the different elements you need to make something work—licensing, regulations and registration—and I agree with that. I think it was also mentioned that registration is important to allow compliant businesses to check that the product that they have is compliant.
The significant problem with the notification scheme at the moment is that there is not an easy way to take something off the register once it is already on it. That is a problem, because if people are checking the current register, there might be something on it that we would quite like to take off but cannot.
There are powers to take things off the shelves, so if there was a recall issue, that could be dealt with. However, the main problem, or the primary thing in the Bill that I think needs to change, is having powers to take things off the register. Obviously, we must consult on the regulations themselves, but we welcome that change.
Q
Dr Laura Squire: I think somebody talked earlier about the package; the Bill is more than the notification scheme, and I think the whole thing works together to make a much safer environment. I was particularly pleased to see that there is a requirement to carry out studies and a requirement to carry out testing. We are sometimes asked about testing. Testing at the point of registration is one thing, but you need to know that the product remains compliant.
Obviously, there must be consultation about exactly what will go into the regulations, but I would expect that there would be an awful lot more linked to the other requirements of the Bill, and that will make it tighter. I think that would be an improvement, because at the moment the Bill is very light-touch.
Q
Dr Laura Squire: For a medicines licence?
Q
Dr Laura Squire: That is a difficult one. We had one product that was given a medicines licence in 2015, but it has never been marketed. We continue to try to encourage people to come forward to get medicines licences. However, the reality is that there is such a huge discrepancy between what you can do with a consumer product if you are a manufacturer, in order to get it out there and get it on the market, and what you would have to do to get a licence for it as a medicine—and that is quite right.
What this scheme does is to make it more demanding to be a manufacturer of a consumer product and put more requirement on it. To a certain extent, that reduces the differential between the two, which is welcome. We really continue to encourage people to come forward and talk to us about licensing products. One of the things that will be interesting is the impact this will have on the narrative out there—which was talked about by the previous witness—that vapes are safe. This will perhaps change that narrative and make people realise. All I can say is that we stand ready for more applications for medical licences. We put out some detailed guidance in 2022 to try to encourage manufacturers to do this, and we actually have one coming through the pipeline at the moment. So it will be interesting to see but hard to predict.
Q
Dr Laura Squire: With the current notification scheme, we have the resource that we need to do that. As the registration scheme becomes more detailed and demanding, and as there is more in it, I would expect that to require more resource. That is something that we need to continue talking to the Department of Health about as it develops the policy, and we will do that.
Also, as part of that, the impact on us will depend on not only what is in the regulation but who does it. I know that there are conversations about where it is best done, and there are registrations for other consumer products that already exist, so there are conversations happening with the Office of Product Safety and Standards. It is important to learn from those sorts of schemes that are already happening. Where that goes is a policy decision for the Department of Health and Social Care, and we will continue to work with it. I think it would also involve being clear about what resources we might need if we carry on and need more. At the moment, we have what we need to do what we need to do under the current law.
Q
Dr Laura Squire: They would do if it was a licensed product.
Q
Dr Laura Squire: There are not, which is why that is the way we would prefer to do it. Again, if we licensed these consumer products as a medicine, there are very strict requirements on labelling and on what needs to be given to the patient to explain what the product is and its risks. That is not there with these consumer cigarettes. It is going to get stricter under the new rules, but my preference would be that we give people more information.
Q
Dr Laura Squire: It depends on what happens with the actual regulations. At the moment, we do not have powers to test consumer e-cigarettes—that power sits with trading standards. Again, if we license something as a medicine, we go into absolute detail about what is in it. At the moment, it depends on what is in the regulations that come round. We do not do testing at the moment, and it would be important to think about the point at which any testing is done. If it is done at the point where something goes on to the register, that is fine and it tells you that the sample we saw at that point was compliant. But what happens later down the track? I think the role that trading standards has in doing that testing is really important, because it can do it post-market at any point. The question really is about the role of the MHRA—a medicines and healthcare products agency. Is it getting deeper into these consumer products where the risk is not outweighed by the benefits? That is an uncomfortable position for a medicines regulator.
Q
Dr Laura Squire: I do not have a view on whether a vape should be a medicinal product. I have a view on the role of the Medicines and Healthcare products Regulatory Agency in regulating products that are not medical products, which is a little confusing at the moment. As I said, when something is a medical product, as with any medicine, you would not take it if you were not ill, because the benefits are not outweighed by the risks. That is really my point. I am pleased to see the strengthening in this area. There are conversations that are still to happen, as the consultation goes through and we understand exactly what the new registration scheme will involve, as to the best people to do this, to give the right message out to the public.
Are there any more questions to this panellist? If not, I thank Dr Squire on behalf of the Committee. I am sure that a lot of your evidence will be taken into consideration.
Examination of Witnesses
Professor Steve Turner and Professor Sanjay Agrawal gave evidence.
For this panel we have Professor Steve Turner, the president of the Royal College of Paediatrics and Child Health, and Professor Sanjay Agrawal, the special adviser on tobacco at the Royal College of Physicians. We have until 4.50 pm for this panel.
Q
Professor Steve Turner: I will answer that question. Thank you for accommodating me; I have flown a long way. I thank Professor Bauld for reshuffling the order of the panels. I am passionate about this issue, and I am grateful to be able to contribute.
Vaping is harmful for children, and the evidence is accumulating. Vapes contain nicotine, which is harmful to us as human beings. You have heard previously from Matthew Shanks of the Secondary Headteacher Reference Group about the impact of vaping on children’s education. There are evidences of children coming to harm from vaping devices bursting into flames. There is a lot of talk about something called popcorn lung, which fortunately is very rare, but it is very serious and can affect children who vape. Collectively, there is already a substantial burden of evidence that vaping is harmful for children.
Q
Professor Steve Turner: The Royal College has 24,000 paediatricians in the UK and overseas, so we are a substantial college. We strongly support the Bill as it is. We believe that it provides the right protection for the most vulnerable members of our society—our children, who are our future—and that it is proportionate. We think the Bill as it stands addresses all the concerns that you just raised, and others.
Q
Professor Sanjay Agrawal: The majority of adults who vape have smoked, so they are using vapes to quit smoking. The amount of research that looks at populations who have never smoked, who have only vaped, is actually quite small—the longitudinal studies are still not there. We know from shorter-term studies that vaping can lead to things like coughing and throat irritation, but it is important to consider the alternative, which is continued smoking.
I estimate that, in the roughly 30 years since I qualified and started professional practice, about 3 million people in the UK have died from smoking tobacco. The intensive care unit in which I work and the lung cancer clinics that I do are full of people who have come to harm from accrued smoking. There should be no doubt that smoking combusted tobacco is the key thing that we want to prevent future generations being subjected to. There are still 6 million smokers in the UK, and we need to help as many of them as we can to stop smoking. Vaping is one means by which they can stop smoking, and that is really important.
Q
Professor Sanjay Agrawal: There are a few things to unpack there. First, a lot of people who smoke and who want to give up use vapes because they have tried other products and have not been able to give up, be that nicotine replacement therapy or tablet pharmacotherapy. One thing those people want to get away from is the taste of tobacco, and having flavours allows them to do that. Actually, other NRT products, such as gums and lozenges, also have fruit flavours—it is not just vapes. Flavours are an integral part of helping people to get away from smoking.
Equally, as we know, flavours attract young people to smoking, so it is really important that we limit the number of them. However, the flavour descriptors are perhaps more important: I think we need to make them bland. The Bill, as it stands, provides powers to restrict all sorts of elements related to vaping, such as the number of flavours, the descriptors, the packaging, the appeal and the advertising. Having bland descriptors and eliminating flavours that we know are popular among children would be really helpful.
Q
Professor Sanjay Agrawal: First, there is good survey evidence of what is popular among adult smokers who are using vapes to try to quit, so that is one helpful factor. Then there are flavourings that are potentially associated with harm. Cinnamaldehyde has been associated with harm, so that would be one, for example, that you would remove.
Q
Professor Sanjay Agrawal: No.
Q
Professor Steve Turner: Smoking is bad whether you are an active smoker or a passive smoker. Sadly, there are lots of children who still actively smoke, but there are many hundreds of thousands of children who are exposed to second-hand smoke in the home. There is undeniable evidence that that exposure is harmful. I do respiratory paediatrics. Asthma admissions are very common and are clearly associated with exposures.
We can look at natural experiments. For example, in Scotland we had the “Take it right outside” campaign, which was a smoke-free homes initiative. After that, there was a reduction in the number of children coming into hospital. When we brought in the ban on smoking in cars in Scotland, there was another reduction. On that whole-population basis, there is a lot of evidence of benefit to the population, particularly children, from smoking interventions. There are also benefits to the birth weight of children.
There is no doubt that there is a huge amount of harm from second-hand smoke, and anything that reduces the population’s exposure to second-hand smoke will benefit the whole population. As we heard earlier from Matthew, the headteacher, it is part of a package, and it is part of education as well. Smoking continues to be something that children should not do. Children should never vape. Children should never smoke. They continue to do so, and anything that we as a responsible society can do to stop that is to everybody’s benefit.
Q
Professor Steve Turner: Children are very susceptible and can be easily influenced, and they are learning all the time. If they see that it is okay to watch your child’s football match and smoke, or to smoke outside a pub, they will very quickly adapt and think that that is a social norm. There is a powerful social norm exercise there about what we as a society expect is normal, and approving smoking outside hospitals seems to be such a bad, conflicting message. To me, that argument in itself is very powerful.
There were a number of people back in the early noughties who felt that the smoke-free legislation might not have much benefit on pregnancy—why on earth would that reduce low birth weight and premature delivery? Well, it did. That was probably the snowballing effect of stopping smoking in pubs, for example—I think the whole of society changed its attitude and behaviour around smoking. So, going back to the original question, I think that putting restrictions in public spaces will change that social norm to everybody’s benefit.
Q
Professor Steve Turner: That is a really good question. I think that the balance in this Bill—between supporting the 6 million smokers to quit and not engaging children in nicotine addiction—is the right balance. Going back to what I was saying earlier, getting the message across to young people is a multifaceted intervention that requires education as well as legislation. It is a really difficult balance, but I do believe that the Bill, as it is, has that balance just right.
Q
Professor Steve Turner: The impact on the whole of society of second-hand smoking in children is complex, but there are various pieces of the jigsaw. First of all, children come to the clinic, are admitted to hospital, come to the emergency department, or go and see the GP, so there is that healthcare side. If any of you have children, however, when your child is off school, that has implications for you as a family; there are some difficult discussions over breakfast about who is going to work and who is not. Therefore, there are a number of different impacts on us as a society, economically and to the NHS from second-hand smoking.
I am not clever enough to put a number on it, but it is a lot bigger than I think people know. I do know that £46 billion is the number cited as the direct health cost to the NHS of smoking—it is almost too big to consider—but I suspect that the wider societal cost will probably be a magnitude greater than that.
Q
Professor Steve Turner: The children who are exposed to second-hand smoke in the home are over-represented among children with respiratory symptoms. Parents do not want their children to smoke, so they feel torn. They are conflicted: they are addicted to nicotine, but they do not want their children to smoke, and having a smoke-free generation will address that almost impossible parental conflict.
Q
Professor Steve Turner: I support the Bill as it stands. I think that the onus has to be on the vendor not to sell, not on criminalising the customer or the child.
Q
I am particularly thinking about vaping here, given that I think there is pretty unanimous agreement on the tobacco side. Therefore, just on vaping, is there any more that you think the Bill could do, not necessarily in terms of vaping as a cessation tool to support the transition from smoking, but in terms of preventing people—obviously children, but even just adults—from beginning that journey and vaping in the first place?
Professor Sanjay Agrawal: From my standpoint, there are the online harms—for example, through social media, gaming and music videos. It is a wild west out there—regarding both tobacco and vapes, actually—and there are lots of depictions that lure people in. There is a lot of advertising and promotion of both tobacco and vaping products. I think that that online and social media area is the one area that we could do much more with. That would strengthen the Bill further.
Q
Professor Sanjay Agrawal: I have not yet had the chance to say this, but first, I think the Bill is really well balanced. It is bold and world leading; all nicotine products and non-nicotine containing vapes are part of it. The people who put this together should be congratulated, but we also have to be aware that industry never sleeps. It will try to adapt to regulation and legislation, and we need to be wary of that and make sure that we use the powers in the Bill in the future, depending on how industry responds.
For example, with disposable vapes, which are due to be banned later this year, I am sure that there will be a lot of companies right now changing their products to make them look as though they are not disposable vapes when, to all intents and purposes, they are. There will be lots of adaptation by industry that we must be wary about. The Bill provides those future powers for us to adapt to industry.
Q
Professor Steve Turner: Touching on what I have said before, there are communities, invariably the poorer communities, in something called the tobacco map. If you look at the areas where tobacco use is greatest, it maps totally on top of deprivation. We have an opportunity to break that generational social norm of, “It’s okay to smoke.” The people who come to the greatest harm from cigarette smoking and nicotine addiction are invariably the poorest. What is proposed here will be a good step towards narrowing the divide we see in this country in health outcomes, which is totally determined by poverty.
Professor Sanjay Agrawal: We estimate that around 350 children a day start to smoke. A lot of those will be from the most deprived communities. In addition, smoking in the UK brings around a quarter of a million families into poverty, and those families have children. The Bill will go a long way to not only reducing the health harms to individuals, but reducing poverty and hopefully smoking-related deprivation.
To answer one of the questions earlier about the cost of smoking to the NHS, it is estimated that it costs secondary care about £1 billion a year. With primary care in addition, that is a total cost of £2.6 billion to the NHS, around £20 billion a year to social care, and about £50 billion a year in lost productivity. That is the overall cost of smoking to our society, whether at the level of the individual, poverty, deprivation, social care or workforce productivity, and that is why the Bill is so important.
Q
Professor Sanjay Agrawal: These additional measures warn people away from smoking—those who might be looking at the packaging or the individual cigarette. Remember, an individual cigarette—every time someone takes out a cigarette—is an advertisement for cigarettes. Lots of times, children are sold cigarettes on a per-cigarette basis, and they have never actually seen the packet; they have only seen the cigarettes. Therefore, having on-cigarette warnings is another measure that we can introduce to warn people off the harms of smoking. It would be great to see that.
I was incorrect; we have until 5 o’clock, rather than 4.50 pm, which is now. Do we have any more questions from Members? No. In that case, I thank Professor Turner and Professor Agrawal for giving evidence, which I am sure will be useful to the Committee in its deliberations. The next panellist happens to be the Minister. Instead of asking questions, he will come under fire from his own Committee.
Examination of Witness
Andrew Gwynne MP gave evidence.
For the record, our final witness is Andrew Gwynne MP, Parliamentary Under-Secretary of State for Public Health and Prevention at the Department of Health and Social Care. We have until 5.20 pm.
Q
Andrew Gwynne: Thank you for that question. I was not actually on the Bill Committee when the previous iteration of this measure went through Parliament, because I was the shadow Social Care Minister—I had been bumped away from public health, only to return to it in government.
The starting point is a recognition that the previous Government brought forward a Tobacco and Vapes Bill, which was incredibly foresighted of them. I thank those—including you—who supported that proposed legislation. We have to be mindful of the fact that the first thing we are seeking to do is to make the United Kingdom smoke-free, and smoke-free as soon as possible. As we heard from the chief medical officers from the various nations that make up the United Kingdom, tobacco is a killer. Our first target has to be driving down the instances of smoking and, as a consequence, of tobacco-related death and illness, and the harms caused by second-hand smoking. That is why the measures in so far as tobacco is concerned are far weightier than the measures in respect of vaping.
The other thing I would like to say in answer to your question—this is an important point; we are concerned about nicotine addiction—is that we need to get the balance right. We recognise that vaping is an important smoking cessation tool—as the CMO said, not all countries share that point of view, but in the United Kingdom we see it as an important part of the package to help people to quit smoking. There has been a very successful scheme in this country, the Swap to Stop initiative, and that is an important part of this.
We are really concerned about the scourge of child and youth vaping, however, and that is why we think that the measures in the Bill are proportionate, because we are tackling a specific issue: stopping children taking up vaping and trying to dissuade adults who have never smoked from taking up vaping. As the CMOs have said, vaping is better than smoking, but not vaping and not smoking is the best option of all.
This is a proportionate measure. As you know, we are seeking quite far-ranging powers, and that is to ensure that, across the four nations, we can react as industry reacts to these changes so that this Bill will be future-proof. If we were overly prescriptive, we would then have to come back to Parliament with further primary legislation. While we are not seeking to be nicotine free at this moment in time, there will be powers in the Bill that allow, at some stage in the future, the Governments that make up the United Kingdom to consult to go further. The aim now is to stop smoking, to get to our smoke-free targets and to crack down on childhood vaping.
Q
My other question is about advertising. You will be aware that I put forward an amendment to the Conservative Bill to try to restrict advertising, because I think it is important to try to restrict advertising to children. How will health professionals who are promoting vaping as an alternative to smoking specifically in a medical setting, not necessarily on the tube or the side of a bus, be protected from being criminalised?
Andrew Gwynne: This is an area in which this Bill really does build on the previous Government’s iteration of the Bill. I want to take the politics out of it and thank Members such as yourself who really pushed this last time round. We are able to do this because it was a commitment of the Labour party in the 2024 manifesto that we would ban the advertising of vapes and the promotion of vapes in sponsorship. There is 75% support for an advertising ban on vapes.
In terms of being able to promote vapes as a quit aid, of course, you will have read in part 6 of the Bill that it is only an offence if advertising is done in the course of business. That excludes the promotion of vapes as a quit aid. That is something that hopefully you will welcome.
Q
Andrew Gwynne: Oh, you will get me on my hobby horse, having mentioned bongs. All tobacco products will be covered by the measures in this Bill. Shisha is covered. Shisha is a harmful product, as are other tobacco products. In respect of paraphernalia, I have raised with officials and colleagues in the Home Office what I see as a potential issue: if this Bill becomes law, as I hope it will, and there is further consultation on the packaging and display of vapes, we could end up with a situation where vapes, like cigarettes and other tobacco products, are hidden behind cabinets in plain packages, but those same newsagents have bongs in the window. I am assured by my officials that bongs and grinders can also be used for the consumption of tobacco, and therefore will fall within the scope of the measures in this Bill in that they will not be able to be displayed.
Q
Andrew Gwynne: Well, we cannot easily do so. The powers in the Bill mean that we have a statutory duty to consult. As we have already heard, Wales already covers the areas that we wish to consult on in respect of England. Scotland, Northern Ireland and Wales will have their own consultations. But as far as England is concerned, the Government have been very clear that, should this Bill pass, we will consult on implementing smoke-free areas outdoors around children’s playgrounds and schools and outside hospitals.
Given the media interest and speculation over the summer as to outdoor areas to which the Government might extend the outdoor restrictions, including hospitality, it would not be possible for any Government to just wake up one day and decide they were going to extend these measures to x, y and z and for nobody to notice. It would be on the front cover of every newspaper and all over X, Facebook, Bluesky and other social media. People would be very aware of a Government’s intentions to extend outdoor smoking and we would be under a statutory duty to consult and to pursue secondary legislation, which is ultimately subject to a vote of the House.
Q
Andrew Gwynne: That is a really important question. It is why, at every opportunity today, I have been asking those with an interest in public health in Wales what lessons we can learn. We want to get this right. The reality is that alongside the package of enforcement we will bring forward—the registration; the licensing scheme; the fixed penalty notices—we have to approach this with a degree of proportionality, particularly to ensure that there is as good a compliance with the regulations as possible.
Most people are law-abiding citizens, and we saw with the indoor smoking ban introduced in 2006-07 that most people complied from day one. I really expect that most people will comply in respect of children’s playgrounds, schools and hospitals. I would hope that the enforcement agencies use a degree of discretion and proportionality at the outset to ensure that those not complying understand that they are potentially breaking the law and should stop doing what they are doing.
We have about 15 minutes left, and five Members wish to ask questions. Could they do that briefly, and could we have brief answers too?
Q
Andrew Gwynne: The short answer to both those questions is yes. We have committed to an investment across HMRC, trading standards and Border Force of £100 billion over the next five years to enforce these measures—sorry, it is £100 million. The Treasury will be having a fit; I am getting my billions and millions wrong. I wish it was £100 billion.
As far as public health campaigns are concerned, just this week we committed £70 million for smoking cessation. For this new year, I have signed off a concerted public health campaign for smoking cessation on social and broadcast media. As this Bill progresses and becomes law, there will be a huge public health publicity campaign so that everybody is aware of our Smokefree 2030 target ambitions.
Q
Secondly, could you make a wider comment on the historical context of the Bill? In 2006, it was a Scottish Labour Government in the Scottish Parliament who set in train some of the processes that we are trying to finish today. Over those 14 to 15 years, we have seen many positive short-term and long-term public health outcomes. What do you think will be history’s judgment on this portion of that journey?
Could you make the answer shorter than the question?
Andrew Gwynne: Those are two very good questions. This Bill is a landmark piece of legislation. I think it will be the biggest advance in public health for a generation. It will be a truly historic thing. What a wonderful thing to say that, in the near future, no child born after 1 January 2009 will ever legally be able to be sold tobacco. That leads me on to your first point: tobacco is a killer. It kills about 80,000 people in this country a year. It is responsible for a quarter of all cancers. It puts enormous pressure on our NHS and our economy.
The death rate for somebody in a more deprived part of our country is more than two times higher as a consequence of smoking. There is no reason beyond smoking why the life chances of somebody living and growing up in Richmond are so much better than those of somebody growing up and living in Blackpool. It is because the smoking prevalence for somebody growing up in Richmond is about 4.6%, whereas for somebody living in Blackpool it is over 20%. This will save lives. This will narrow health inequalities. That is what all of us, irrespective of our parties, were brought here to do.
Q
Andrew Gwynne: We wanted to have a proportionate approach. We recognise the difficulty that the hospitality sector has gone through and is in. We listened to the voices of concern. I cannot speak for ministerial colleagues in Scotland, Wales and Northern Ireland, but, as far as England is concerned, we decided that we wanted to target outdoor smoke-free places to areas where children and the most vulnerable people are likely to be. That leads to the logical conclusion that we should target the outside of hospitals, where a lot of vulnerable people go through the doors, outside schools and outside children’s playgrounds.
Q
Andrew Gwynne: It is. The four nations that make up our United Kingdom have gone at different speeds and to different depths in terms of tobacco control over recent years. Zubir was absolutely right to point out that it was the Scottish Labour Government that first introduced the indoor smoking ban, and we followed suit soon after, but it is really important that the four nations stand together on this, not least because some of this does require a four-nation approach in legislative terms. It also means that we can meet this ambition together, and that we are all in this together, because, for me, a health inequality in parts of Greater Manchester is just as important as a health inequality in Glasgow, Cardiff or Belfast.
We need to tackle these inequalities, because they are a scourge on our society. That is why a four-nation approach, alongside the permissive nature of this Bill, means that the four nations can go forward together, but also diverge on the basis of extending consultations and so on. That is why we have the support of the devolved nations and the Ministers, who come from different political persuasions across Northern Ireland, Wales and Scotland; we are all in one, as far as this Bill is concerned, and we have shaped it together.
Q
Andrew Gwynne: That is really important, and I want all Members to understand that a key aspect of reaching our smoke-free ambition is to drive down the prevalence of current smokers. That means a real investment in smoking cessation, a close eye on what is happening on the ground, and using the flexibilities in the Bill, should they be needed, to ensure that we reach that smoke-free ambition.
We announced £70 million of stop smoking funding this week, which has been weighted towards the areas with highest deprivation and smoking prevalence, so that we can try to drive down those inequalities. Obviously, future years funding is subject to the usual processes of the spending review, but let me make it clear that it is a priority of this Government to invest in stop-smoking services. We will ensure that local authorities and the public health functions of the country have the resources needed to reach a point where we are smoke free.
Q
Andrew Gwynne: That is an interesting question. First, there has been really close engagement between the UK Government and the devolved nations. We have the full support of Mike Nesbitt, the Northern Ireland Health Minister, who has helped shape the Bill, as have his officials. The UK Government and the Northern Ireland Executive are in close dialogue with colleagues in the Republic of Ireland to ensure that we discuss at length and in detail the cross-border issues. We will continue to engage with the Republic of Ireland to ensure that the Bill works. Only time will tell whether the Republic of Ireland will decide to follow suit, but the Bill will be a game changer and other countries will want to follow the United Kingdom’s lead.
In the short time we have left I cannot allow any more questions.
Ordered, That further consideration be now adjourned. —(Taiwo Owatemi.)