Wednesday 26th March 2025
(4 days, 21 hours ago)
Commons ChamberTobacco and Vapes Bill 2024-26 View all Tobacco and Vapes Bill 2024-26 Debates Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 26 March 2025 - large print - (26 Mar 2025)
18:01 - The House divided: - Ayes: 137 / Noes: 304 - Question accordingly negatived.
18:14 - The House divided: - Ayes: 159 / Noes: 307 - Question accordingly negatived.
18:26 - The House divided: - Ayes: 72 / Noes: 304 - Question accordingly negatived.
18:38 - The House divided: - Ayes: 92 / Noes: 303 - Question accordingly negatived.
18:54 - The House divided: - Ayes: 366 / Noes: 41 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Health and Social Care (Ashley Dalton)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Judith Cummins)
With this it will be convenient to discuss the following:
New clause 1—Review of contaminated e-liquid—
“(1) Within six months of the passage of this Act, the Secretary of State must conduct a review into the prevalence of contaminated e-liquid in England, Wales, Scotland and Northern Ireland.
(2) The review required under subsection (1), must include, but is not limited to an assessment of—
(a) the awareness of the issue of contaminated e-liquid,
(b) the extent of e-liquids found spiked with illegal substances,
(c) the measures in place to tackle the importation of contaminated e-liquid,
(d) measures used by other jurisdictions to combat the importation and prevalence of contaminated e-liquid, and
(e) options for further regulating e-liquid to limit the dangers of contamination.
(3) In conducting the review required under subsection (1), the Secretary of State may consult with whoever they see fit.
(4) The Secretary of State must report to Parliament following the conclusion of the review.
(5) The Secretary of State has the power to make regulations under this section including the power to make—
(a) offences relating to the contamination of e-liquid, including the distribution, importation, supply and merchandising or tampering of such products,
(b) offences relating to the online sale of e-liquid containing illegal substances,
(c) provisions to improve the ability to identify, test and intercept contaminated e-liquid, and
(d) provisions recommended in the review implemented by subsection (1).
(6) For the purposes of this section,
‘contaminated e-liquid’ means e-liquid which has been mixed with or includes an illegal substance.”
This new clause would require the Secretary of State to conduct a review and publish a report on the impact of contaminated e-liquid and ways to reduce its prevalence. It would give the Secretary of State the powers to make regulations in relation to curbing the harm caused by contaminated e-liquid.
New clause 2—Ban on the supply of plastic cigarette filters—
“(1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.
(2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.
(3) In this section,
‘relevant cigarette filter’ means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”
This new clause requires the Secretary of State to make regulations, within two years, which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.
New clause 3—Amendment of the European Union (Withdrawal) Act 2018—
“(1) The European Union (Withdrawal) Act 2018 is amended as follows.
(2) In section 7A of the European Union (Withdrawal) Act 2018, after subsection (4), insert—
‘(4A) This section does not apply in relation to Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.’”
This new clause asserts the primacy of the regulations made in this Bill which affect Northern Ireland in relation to the EU tobacco directive 2014/40/EU.
New clause 4—Ban on manufacture and sales of high-strength nicotine pouches—
“(1) It is an offence to manufacture a high-strength nicotine pouch.
(2) It is an offence to—
(a) sell or expose for sale a high-strength nicotine pouch, or
(b) offer or expose a high-strength nicotine pouch for sale.
(3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.
(4) In this section ‘high-strength nicotine pouch’ means a nicotine pouch that—
(a) is intended for oral use,
(b) is not intended to be inhaled,
(c) does not contain tobacco, and
(d) contains more than 20 milligrams of nicotine per pouch.
(5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.
(6) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.”
This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.
New clause 5—Report on sale of vaping products to facilitate child sexual exploitation—
“(1) Within six months of the passing of this Act, the Secretary of State must produce a report on—
(a) the potential prevalence of retailers with a personal or premises licence selling vaping products which facilitate child sexual exploitation; and
(b) whether licensing authorities have adequate powers to investigate retailers which may be connected to the sale of vaping products to facilitate child sexual exploitation.
(2) A copy of this report must be laid before both Houses of Parliament.
(3) In this section—
‘vaping’ has the same meaning as in Part 1 (see section 48),
‘licensing authority’ has the same meaning as in Part 1 (see section 16),
‘personal licence’ has the same meaning as in Part 1 (see section 16),
‘premises licence’ has the same meaning as in Part 1 (see section 16).”
New clause 6—Requirement for retailers of vapes in England to include age-verification technology—
“(1) The Secretary of State may make regulations making it an offence for a tobacco retailer who sells vapes on premises in England to sell vapes that do not contain approved age-gating technology.
(2) The Secretary of State may by regulations specify the requirements with which any age-gating technology must comply, which must include (but need not be limited to)—
(a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;
(b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;
(c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;
(d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;
(e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.
(3) The Secretary of State may by regulations under this section make further provision about requirements with which tobacco retailers must comply.
(4) In this section, ‘age-gating technology’ means technology designed to prevent the use of vaping products by persons aged under 18.
(5) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(6) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would introduce a requirement for retailers of vapes in England to include age-verification technology.
New clause 7—Requirement for retailers of vapes in Wales to include age-verification technology—
“(1) The Welsh Ministers may make regulations making it an offence for a tobacco retailer who sells vapes on premises in Wales to sell vapes that do not contain approved age-gating technology.
(2) The Welsh Ministers may by regulations specify the requirements, with which any age-gating technology must comply, which must include (but need not be limited to)—
(a) the information, including biometric information, that a user must provide to the age-gating technology in order to be able to use the vape;
(b) the steps that the age-gating technology must require the user to take in order to verify their identity and that they are aged 18 or over before first activating the vape for use;
(c) the steps which the age-gating technology must require the user to take in order to verify their identity following activation of the vape, and the frequency with, and circumstances in, which the age-gating technology must require these steps to be taken;
(d) the requirements with which the age-gating technology must comply in order to ensure the security of the information, including personal data, provided to it by users;
(e) the technical specifications which the age-gating technology must meet in order to ensure that it is compatible with vapes made by different manufacturers.
(3) The Welsh Ministers may by regulations under subsection (2) make further provision about requirements with which tobacco retailers must comply.
(4) In this section, “age-gating technology” means technology designed to prevent the use of vaping products by persons aged under 18.
(5) Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.
(6) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause would introduce a requirement for retailers of vapes in Wales to include age-verification technology.
New clause 8—Prohibition of advertising of vaping, nicotine and heated tobacco products—
“(1) The Secretary of State must within six months of this Act being passed make provisions by regulations for the prohibition of advertising of—
(a) a vaping product; or
(b) a nicotine product; or
(c) a heated tobacco product.
(2) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.
(3) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
This new clause commits the government to consult on proposals for prohibiting the advertising of vaping, nicotine or heated tobacco products.
New clause 9—Marketing of products to existing smokers—
“(1) The Secretary of State, or a person authorised by the Secretary of State, may make provision about the nature and inclusion of health warnings or disclaimers relating to a relevant product to ensure that the product is marketed exclusively to existing smokers as an alternative to smoking.
(2) In this section, ‘relevant product’ refers to—
(a) a vape, or
(b) a nicotine product.
(3) Compliance with this section is considered a defence to a charge in relation to an offence under Part 6.”
This new clause will allow the Secretary of State to place an additional disclaimer or warning on products.
New clause 10—Displays of products or prices in England—
“(1) The Secretary of State may by regulations impose limitations or requirements on retailers in relation to the display, in the course of business, of—
(a) relevant products in a place in England where the products are offered for sale,
(b) empty retail packaging of relevant products in a place in England where the products are offered for sale,
(c) prices of relevant products in a place in England where the products are offered for sale, or
(d) advertisements for relevant products.
(2) In subsection (1), reference to a product includes anything that represents the product.
(3) Regulations under this section—
(a) must make provision—
(i) for ensuring that an adult is able to be informed that a premises sells a related product,
(ii) for ensuring that a consenting adult is able to view the related products and information relating to them,
(iii) relating to the appropriateness of a display to ensure that it does not appeal to children, and
(iv) relating to the location of a display in a place in England where the products are offered for sale;
(b) may create offences for a failure to comply with the regulations;
(c) must provide for any offence to be punishable–
(i) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(ii) on conviction or indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;
(d) are subject to public consultation;
(e) are subject to the affirmative resolution procedure.
(4) Compliance with regulations made under subsection (3) is considered a defence to a charge in relation to an offence under Part 6.
(5) For the purposes of this section—
‘consenting adult’ means an adult who has entered any licensed premises that sells nicotine, vapes, and tobacco products;
‘relevant products’ mean—
(a) tobacco products,
(b) vaping products, or
(c) nicotine products.”
This new clause will allow for the Secretary of State to restrict how vapes and nicotine products are advertised in store windows and in store, while ensuring that adult smokers are still able to determine that a premises sells a product.
New clause 12—Review of provisions—
“(1) The Secretary of State must, in consultation with the appropriate ministers in Wales, Scotland and Northern Ireland—
(a) carry out a review of the provisions for relevant products in—
(i) sections 1 to 6 (sale of tobacco etc);
(ii) sections 50 to 55 (Part 2 Sale and Distribution: Scotland: sale of tobacco etc);
(iii) sections 68 to 72 (Part 2 Sale and Distribution Northern Ireland sale of tobacco etc);
(iv) sections 90 to 93 (Product requirements etc);
(v) section 94 (Non-compliant images);
(vi) sections 101 and 102 (Matters dealt with by 2016 Regulations);
(vii) Part 6 (Advertising and Sponsorship);
(b) prepare and publish a report setting out the conclusions of the review;
(c) lay the report before Parliament.
(2) The review in subsection (1) must—
(a) set out the objectives intended to be achieved by the provisions as set out under subsection (1)(a),
(b) assess the extent to which those objectives have been achieved, and
(c) make a recommendation on whether the provisions as set out under subsection (1)(a) remain appropriate and necessary.
(3) The first review under this section must be published and laid before Parliament before the end of the period of five years beginning with the day on which the Tobacco and Vapes Act 2025 is passed.
(4) If the review recommends under subsection (2)(c) that one or more of the provisions set out under subsection (1)(a) are no longer appropriate or necessary, the Secretary of State must make arrangements for the motion mentioned in subsection (5) to be tabled in both Houses of Parliament within a period of 28 sitting days beginning immediately after the review is laid before Parliament under subsection (3).
(5) The form of the motion in subsection (4) is—
‘That the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6 (Advertising and Sponsorship) of the Tobacco and Vapes Act 2025 should expire.’
(6) If both Houses of Parliament approve the motion in the form set out in subsection (5) (or in such form as may be subsequently amended by the House to specify one or more of the provisions of sections 1 to 6, 50 to 55, 68 to 72, 90 to 94, 101 and 102 and Part 6), moved by the Secretary of State in accordance with subsection (4), the provisions specified in the motion shall expire at the end of the period of 21 days beginning with the day on which the second House approves the motion.
(7) Subsequent reports must be published at intervals not exceeding five years.
(8) In this subsection, ‘Relevant products’ refers to—
(a) tobacco products;
(b) nicotine products.”
This new clause requires a review of the necessity of provisions relating to the sale restrictions for tobacco products and nicotine products. Published every 5 years, the review could recommend that certain provisions are no longer required, and Parliament would have an opportunity to expire them.
New clause 13—Reports on roadmap to a smoke-free United Kingdom—
“(1) The Secretary of State must, on or before the relevant day and at least once every five years after that day, prepare and lay before Parliament a report setting out—
(a) how the Secretary of State expects the smoke-free target will be achieved;
(b) the steps proposed to achieve that target (which may include the setting of interim targets);
(c) an analysis of statistical data relating to the achievement of the smoke-free target.
(2) The reports must set out targets and proposed steps relating to geographical areas or categories of people in respect of which there are higher than average rates of smoking.
(3) The Secretary of State must consult the appropriate national authorities when preparing the reports.
(4) In this section—
(a) ‘appropriate national authority’ means—
(i) Welsh Ministers,
(ii) Scottish Ministers, and
(iii) Executive Ministers in Northern Ireland.
(b) ‘relevant day’ means the last day before 25 December 2026 which is a sitting day for both Houses of Parliament;
(c) ‘the smoke-free target’ means the end of the smoking of tobacco products in the United Kingdom.”
This new clause requires the Secretary of State to prepare and lay before Parliament five-yearly reports containing a roadmap to a smoke-free country including targets and specific interventions for populations with high prevalence rates.
New clause 14—Prohibition on supply of cigarette filters—
“(1) The Secretary of State must make regulations having the effect of prohibiting the supply of cigarette filters or cigarettes containing cigarette filters, whether by way of sale or not, in the course of a business.
(2) Subsections (6), (8), (9), (10), (10A), (10B), (10C) and (10D) of section 140 of the Environmental Protection Act 1990 apply to regulations under this section as they apply to regulations under those sections.
(3) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 as applied by subsection (2) in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 12 months beginning with the day on which this Act is passed.
(4) In this section, ‘cigarette filter’ means a filter which is intended for use in a cigarette, whether as part of a ready-made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.
(5) Regulations under this section are subject to the affirmative resolution procedure.”
This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters or cigarettes containing cigarette filters.
New clause 15—Advertising exemptions for specialist vaping retailers—
“(1) A person does not commit an offence under any of the sections 114 to 118 in relation to an advertisement whose purpose or effect is to promote a vaping product if the advertisement—
(a) Is in a specialist vaping shop
(b) Is not visible from outside the specialist vaping shop
(c) Complies with the requirements (if any) specified by the appropriate national authority in regulations as to the inclusion of health warnings and information.
(2) Regulations under subsection (1) are subject to the negative resolution procedure.
(3) In this section—
‘appropriate national authority’ —
(a) In relation to specialist vaping shops in England, means the Secretary of State,
(b) In relation to specialist vaping shops in Wales, means Welsh Ministers,
(c) In relation to specialist vaping shops in Scotland, means Scottish Ministers, and
(d) In relation to specialist vaping shops in Northern Ireland, means the Department of Health for Northern Ireland;
‘shop’ includes a self-contained part of a shop (and, in relation to a self-contained part of a shop,
‘premises’ means that self-contained part);
‘specialist vaping shop’ means a shop selling vaping products by retail (whether or not it sells other things) more than 90% of whose sales on the premises in quest derive from the sale of vaping products and vaping accessories.
(4) For the purposes of determining whether a shop is a specialist vaping shop the sales are to be measured by the sale price—
(a) During the most recent period of 12 months for which accounts are available, or
(b) During the period for which the shop has been established, if it has not been established long enough for 12 months’ accounts to be available.”
This new clause would enable specialist vaping retailers to operate and provide free advice and consultations to smokers who are trying to find the right product for them to quit.
New clause 16—Online sale of tobacco products—
“(1) It is an offence to supply a tobacco product through an internet service, whether by way of sale or not.
(2) It is a defence for a person charged with an offence under this section to prove that they took all reasonable steps to avoid the commission of the offence.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) For the purposes of this section—
‘internet service’ means a service that is made available by means of the internet, even if it’s made available using a combination of the internet and an electronic communications service as defined in Section 32(2) of the Communications Act 2003.”
This new clause creates an offence of selling tobacco products online.
New clause 17—Tobacco products statutory scheme: consultation—
“(1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—
(a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,
(b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,
(c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.
(2) In this section—
‘importer’ in relation to tobacco products, and “tobacco products” have the meaning as in Part 5 (see section 112),
‘producer’ in relation to tobacco products, is to be construed in accordance with the meaning of ‘production’ in Part 5 (see section 112).”
This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.
New clause 18—Consultation on licensing regulations—
“(1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.
(2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.
(3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the House of Commons Business and Trade Committee.
(4) The Secretary of State may not make an order under section 168(4) bringing sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”
This new clause would require the Secretary of State to publish draft regulations for the licensing of retail sale of tobacco products etc in England and ensure they receive parliamentary scrutiny.
New clause 19—Reports on illegal sale of tobacco and vaping products—
“(1) The Secretary of State must—
(a) prepare an annual report on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and
(b) lay a copy of each report before both Houses of Parliament.
(2) Each report must provide details in the United Kingdom of—
(a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;
(b) the estimated amount and value of illegal or non-compliant vapes available for sale;
(c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and
(d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.
(3) The first report must be laid within the period of 12 months of the passing of this Act.
(4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”
This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.
New clause 20—Age verification requirement for online sales of vaping devices and products—
“(1) A person commits an offence if the person—
(a) continues to operate an online vaping product business, and
(b) fails to operate an age verification policy in respect of online sales of vaping products and devices.
(2) An ‘age verification policy’ is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the ‘customer’) is not under 18 years of age.
(3) The appropriate national authority may by regulations amend the age specified in subsection (2).
(4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
(a) steps that should be taken to establish a customer’s age,
(b) documents that may be used as evidence of a customer’s age,
(c) training that should be undertaken by the person selling vaping products,
(d) the form and content of notices that should be displayed on websites; and
(e) the form and content of records that should be maintained in relation to an age verification policy.
(5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) Regulations under subsection (3) are subject to the affirmative resolution procedure.
(7) In this section—
‘the appropriate national authority’ means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers,
‘online vaping product business’ means a business involving the sale of vaping products by retail online.”
This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.
New clause 21—Prohibition on manufacture and retail of high-capacity count vaping devices—
“(1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—
(a) Vaping devices must not be designed or manufactured in a way that allows refill containers, modular attachments, or third-party modifications that increase e-liquid capacity beyond the limit of 2ml per tank or pod, which includes, but is not limited to detachable extensions, multi-pod configurations, and external refill reservoirs.
(b) Any vaping device must contain a fixed, non-modifiable single-use tank or pod with a maximum capacity of 2ml.
(c) Refill e-liquid containers must be limited to a maximum of 10ml per bottle and must not be sold in forms that enable direct integration with a vaping device as an extended tank or automated refill mechanism.
(d) No manufacturer or retailer shall promote, sell, or advertise modification kits, refill systems, or accessory attachments designed to contravene the Tobacco and Related Products Regulations 2016 restrictions on vaping device capacity.
(2) A person commits an offence if they—
(a) Manufacture, import, distribute, or sell a vaping device or accessory that does not comply with the regulatory requirements set out in subsection (1).
(b) Advertise, market, or sell components that facilitate increasing a device’s effective e-liquid capacity beyond the legal limit.
(3) A person who is guilty of an offence under subsection (2)(a) shall be liable on summary conviction to a fine of £20,000 per violation or a ban on further sales within the UK market.
(4) A person who is guilty of an offence under subsection (2)(b) shall be liable on summary conviction to a fine of £10,000 per violation and may be subject to further regulatory action, including product recall or withdrawal from sale.”
This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.
Amendment 103, page 1, line 4, leave out clause 1.
This amendment removes the generational ban on selling tobacco products to people born on or after 1 January 2009.
Amendment 4, in clause 1, page 1, line 5, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment makes it an offence to sell tobacco products, herbal smoking products and cigarette papers to a person under the age of 21, rather than to people born on or after 1 January 2009.
Amendment 38, page 1, line 7, leave out “a tobacco product” and insert
“cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”.
Government amendment 47.
Amendment 5, in clause 1, page 1, line 13, leave out
“shown that document was before 1 January 2009”
and insert
“showed that the purchaser was not under the age of 21”.
This amendment is linked to Amendment 4.
Government amendments 48 and 49.
Amendment 104, page 2, line 10, leave out clause 2.
This amendment is linked to Amendment 103.
Amendment 6, in clause 2, page 2, line 11, leave out “18” and insert “21”.
This amendment makes it an offence to purchase tobacco products, herbal smoking products and cigarette papers on behalf of a person under the age of 25, rather than a person born on or after 1 January 2009.
Amendment 7, page 2, line 12, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 6.
Amendment 39, page 2, line 13, leave out “a tobacco product” and insert
“cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”.
This amendment is linked to Amendment 38.
Amendment 8, page 2, line 18, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 6.
Government amendment 50.
Amendment 105, page 3, line 3, leave out clause 5.
This amendment is linked to Amendment 103.
Amendment 9, in clause 5, page 3, line 8, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 106, page 3, line 25, leave out clause 6.
This amendment is linked to Amendment 103.
Amendment 10, in clause 6, page 3, line 30, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 11, page 3, line 32, leave out
“a anwyd ar neu ar ôl 1 Ionawr 2009”
and insert “dan 21 oed”.
This amendment is linked to Amendment 4.
Government amendments 51 to 59.
Amendment 1, in clause 38, page 20, line 19, leave out from “be” to the end of line and insert
“be allocated by the relevant Local Authority to public health projects.”
This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives as determined by Local Authorities.
Amendment 2, page 20, line 20, leave out from “before” to the second “the” and insert
“such sums are allocated by the relevant Local Authorities”.
This amendment is consequential upon Amendment 1.
Government amendments 60 to 63.
Amendment 107, page 25, line 26, leave out clause 50.
This amendment is linked to Amendment 103.
Amendment 40, in clause 50, page 25, line 30, after “subsection (1)” insert—
“(i) for ‘a tobacco product’ substitute ‘cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)’, and”.
This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.
Amendment 12, page 25, line 30, leave out “‘born on or after 1 January 2009’” and insert “‘under the age of 21’”.
This amendment is linked to Amendment 4.
Amendment 13, page 25, line 33, leave out
“‘born on or after 1 January 2009 (“the customer) to have been born before that date”’”
and insert
“‘under the age of 21 (“the customer”) to be aged 21 or over’”.
This amendment is linked to Amendment 4.
Amendment 14, page 25, line 37, leave out
“born on or after 1 January 2009”
and insert “under 21”.
This amendment is linked to Amendment 4.
Amendment 15, page 26, line 1, leave out subsection (3).
This amendment is linked to Amendment 4.
Amendment 41, page 26, line 6, leave out “a tobacco product” and insert
“cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”.
This amendment is linked to Amendment 40.
Amendment 42, page 26, line 28, after “subsection (1)” insert—
“(i) for “a tobacco product” substitute “cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”, and”.
This amendment is linked to Amendment 40.
Amendment 16, page 26, line 28, leave out
“‘born on or after 1 January 2009’”
and insert
“‘under the age of 21’”.
This amendment is linked to Amendment 4.
Amendment 17, page 26, line 30, leave out
“‘born on or after 1 January 2009’”
and insert “‘under 21’”.
This amendment is linked to Amendment 4.
Amendment 18, page 26, line 33, leave out
“‘born on or after 1 January 2009’”
and insert
“‘under the age of 21’”.
This amendment is linked to Amendment 4.
Government amendment 64.
Amendment 108, page 35, line 24, leave out clause 68.
This amendment is linked to Amendment 103.
Amendment 19, page 35, line 28, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 43, page 35, line 30, leave out “a tobacco product” and insert
“cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”.
This amendment exempts tobacco products other than cigarettes and hand rolling tobacco from the offence of selling tobacco products to a person born on or after 1 January 2009.
Government amendment 65.
Amendment 20, page 35, line 37, leave out
“shown on that document was before 1 January 2009”
and insert
“showed that the purchaser was not under the age of 21”.
This amendment is linked to Amendment 4.
Government amendments 66 and 67.
Amendment 109, page 36, line 13, leave out clause 69.
This amendment is linked to Amendment 103.
Amendment 21, page 36, line 16, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 6.
Amendment 22, page 36, line 18, leave out “18” and insert “21”.
This amendment is linked to Amendment 6.
Amendment 23, page 36, line 19, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 6.
Amendment 44, page 36, line 21, leave out “a tobacco product” and insert
“cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829)”.
This amendment is linked to Amendment 43.
Amendment 24, page 36, line 26, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 6.
Government amendment 68.
Amendment 110, page 37, line 19, leave out clause 72.
This amendment is linked to Amendment 103.
Amendment 25, in clause 72, page 37, line 27, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Government amendments 69 to 79.
Amendment 86, in clause 90, page 50, line 32, at end insert—
“(da) cigarette filters;”.
This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).
Amendment 87, page 51, line 13, at end insert—
“(ja) the composition of individual products contained in an individual pack;”.
This amendment enables the Secretary of State to make provisions about the retail packaging of cigarette filters and the composition of individual products contained in an individual pack of products outlined in Clause 90(1).
Amendment 36, page 51, line 30, delete “shape” and insert “design, shape or interoperability”.
This amendment empowers ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices.
Amendment 37, in clause 92, page 52, line 3, after “flavour” insert “descriptors”.
This amendment would give the Secretary of State powers to make provisions about the flavour descriptors of relevant products.
Amendment 88, in clause 110, page 60, line 35, leave out from “consult” to end of line 36 and insert
“any persons or bodies as appear to him or her representative of the interests concerned.”
This amendment would ensure that the Secretary of State has to consult all relevant parties before making regulations, rather than just those that they deem appropriate.
Government amendment 80.
Amendment 90, in clause 114, page 63, line 16, after “product,” insert
“except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”.
This amendment would allow vapes to be promoted as a quit-aid/public health measure.
Amendment 46, in clause 120, page 68, line 22, at end insert—
“(ca) it is, when in relation to the advertising of vaping products or nicotine products, in a location in which it would be reasonable to expect that everyone present is aged 18 or over.”
This amendment would allow for the advertising of vaping or nicotine products within locations where it is reasonable to expect that everyone present is over 18.
Amendment 91, in clause 125, page 73, line 2, at end insert—
“(4) No offence is committed under this Part if—
(a) it is for the purposes of an interaction between a representative for the product and a member of the public, and
(b) the representative for the product has taken reasonable measures to ensure that the member of the public is aged over 18 and is an existing tobacco or nicotine user.”
This amendment will allow for vapes and nicotine products to be promoted through one-to-one interaction between individuals representing the product and adults who are already existing smokers or nicotine users.
Amendment 85, in clause 136, page 77, line 8, leave out from “smoke-free” to end of line 15 and insert
“a place in England that is—
(a) an NHS property or hospital building,
(b) a children’s playground, or
(c) a nursery, school, college or higher education premises.”
This amendment restricts the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises as smoke-free areas.
Amendment 84, page 77, line 9, leave out from “place” to the end of line 12 and insert
“or description of place in England that is not smoke-free under section 2.
(1A) The place, or places falling within the description, need not be enclosed or substantially enclosed.
(1B) The Secretary of State may designate a place or description of place under this section only if they are advised by the Department for Health and Social Care's Chief Scientific Adviser that there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke or, if said place is—
(a) an NHS property or hospital building,
(b) a children’s playground, or
(c) a nursery, school, college or higher education premises.”
This amendment would restrict the Secretary of State to only being able to designate open or unenclosed spaces outside a hospital, children’s playground, nursery, school, college or higher education premises, or places with significant risk of second-hand smoke as smoke-free areas.
Amendment 92, page 77, line 12, at end insert—
“(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.”
This amendment provides that regulations to designate places as smoke-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.
Amendment 82, in clause 137, page 78, leave out lines 5 to 12.
This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.
Amendment 83, page 78, leave out lines 15 to 21.
This amendment removes the proposed power for the Secretary of State to create defences for performances. This protects the health of actors in the workplace and prevents the promotion of smoking through artistic means.
Amendment 93, in clause 139, page 79, line 13, at end insert—
“(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”
This amendment provides that regulations to designate places as vape-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.
Amendment 94, in clause 140, page 82, line 24, at end insert—
“(1A) The Secretary of State may designate a place or description of place under this section only if, in the Secretary of State’s opinion, there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”
This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Secretary of State is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.
Amendment 95, in clause 142, page 85, line 33, at end insert—
“(2A) Premises may be prescribed as no-smoking premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, persons present there would be exposed to significant quantities of smoke.”
This amendment provides that regulations to prescribe premises as smoke-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.
Amendment 96, in clause 144, page 90, line 4, at end insert—
“(2A) Premises may be prescribed as vape-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”
This amendment provides that regulations to prescribe premises as vape-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.
Amendment 97, in clause 145, page 92, line 22, at end insert—
“(2A) Premises may be prescribed as heated tobacco-free premises only if in the Scottish Ministers’ opinion there is a significant risk that, without prescribing them, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”
This amendment provides that regulations to prescribe premises as heated tobacco-free may only be made if the Scottish Ministers are satisfied that they are necessary to avoid persons present there being exposed to a significant risk of adverse health effects.
Amendment 98, in clause 150, page 98, line 40, at end insert—
“(2A) The regulations may designate a place or vehicle as vape-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”
This amendment provides that regulations to designate a place or vehicle as vape-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of public health.
Amendment 99, in clause 151, page 105, line 22, at end insert—
“(2A) The regulations may designate a place or vehicle as heated tobacco-free only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of public health.”
This amendment provides that regulations to designate a place or vehicle as heated tobacco-free may only be made if the Welsh Ministers are satisfied that this is likely to contribute towards the promotion of the health of the people of Wales.
Amendment 100, in clause 153, page 108, line 25, at end insert—
“(1A) The Department may designate a place or description of place under this Article only if satisfied that, without the designation, persons present there would be likely to be exposed to significant quantities of smoke.”
This amendment provides that regulations to designate places as smoke-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons being exposed to significant quantities of smoke.
Amendment 101, in clause 155, page 110, line 6, at end insert—
“(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of vapes may have adverse effects on the health of persons present there who are not using vapes.”
This amendment provides that regulations to designate places as vape-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.
Amendment 102, in clause 156, page 113, line 15, at end insert—
“(1A) The Department may designate a place or vehicle under this Article only if the Department is satisfied there is a significant risk that, without a designation, the use of heated tobacco devices may have adverse effects on the health of persons present there who are not using heated tobacco devices.”
This amendment provides that regulations to designate places as heated tobacco-free may only be made if the Northern Ireland Department is satisfied that they are necessary to avoid persons present there being exposed to adverse health effects.
Amendment 89, in clause 168, page 120, line 39, leave out from “force” to end of line 41 and insert
“on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (Consultation on licensing regulations)).”
See explanatory statement for NC18.
Government amendment 81.
Amendment 26, in schedule 5, page 132, line 2, leave out
“a anwyd ar neu ar ôl 1 Ionawr 2009”
and insert “dan 21 oed”.
This amendment is linked to Amendment 4.
Amendment 27, page 132, line 7, leave out
“a anwyd ar neu ar ôl 1 Ionawr 2009”
and insert “dan 21 oed (“B”)”.
This amendment is linked to Amendment 4.
Amendment 28, page 132, line 12, leave out
“a anwyd ar neu ar ôl 1 Ionawr 2009”
and insert “dan 21 oed”.
This amendment is linked to Amendment 4.
Amendment 29, page 132, line 38, leave out
“wedi cael ei eni cyn 1 Ionawr 2009”
and insert
“yn 21 oed neu drosodd”.
This amendment is linked to Amendment 4.
Amendment 30, page 133, line 2, leave out
“wedi cael ei eni ar neu ar ôl 1 Ionawr 2009”
and insert “dan 21 oed”.
This amendment is linked to Amendment 4.
Amendment 111, page 133, line 15, leave out paragraph 5.
This amendment is linked to Amendment 103.
Amendment 31, page 133, line 16, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 32, page 133, line 21, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 33, page 133, line 26, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 45, page 133, line 37, at end insert—
“(1A) In this section, “tobacco products” means cigarettes or hand rolling tobacco within the meaning of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829).”
This amendment is linked to Amendment 38.
Amendment 34, page 134, line 9, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Amendment 35, page 134, line 14, leave out
“born on or after 1 January 2009”
and insert
“under the age of 21”.
This amendment is linked to Amendment 4.
Ashley Dalton
I would like to start by thanking all right hon. and hon. Members for their invaluable contributions during the passage of the Bill to date, and in particular, members of the Public Bill Committee for providing insight, scrutiny and debate. I am honoured to have taken on responsibility for this Bill. It is a watershed piece of legislation and the most significant public health intervention since the ban on smoking in public places in 2007. It will establish a smokefree generation by gradually ending the sale of tobacco products across the UK so that a child turning 16 this year will never be able to be legally sold tobacco, saving countless lives in the process. It will strengthen existing powers to reduce the harms of second-hand smoke in public spaces. In keeping with our manifesto commitment to the British people, it will outlaw the manipulative promotion of vapes to children to protect the next generation from becoming hooked on nicotine. Finally, it will implement robust measures to strengthen enforcement activity.
I do not need to tell anyone in this Chamber that tobacco kills—we all know that. What hon. Members may not know is just how much it kills, the rate at which it kills, and the devastation it causes for individuals, families and communities across the country. Let me remind hon. Members that tobacco kills more people than any other preventable cause of death. Around 80,000 people in the UK lose their lives to tobacco every year. It robs an average of 10 years off the life expectancy of smokers. It substantially increases the risk of many major health conditions throughout people’s lives, such as stroke, diabetes, heart disease, stillbirth, dementia and asthma. This daily tragedy continues unabated, with someone being admitted to hospital because of smoking almost every minute, day in, day out, with no end in sight.
Tobacco harms are not felt equally either. Our most disadvantaged communities suffer most, with 230,000 households living in smoking-induced poverty. In Blackpool, 17.5% of pregnant women still smoke at the time of delivery compared with 2.8% in Kensington and Chelsea. Over a quarter of people with a long-term mental health condition smoke.
Beyond the immeasurable cost to lives in the UK, the staggering economic impact of tobacco on our NHS cannot be ignored. The treatment of smoking-related diseases consumes approximately £3 billion a year of vital NHS and social care resources. The cost of smoking to our economy is even greater: £18 billion is lost in productivity every year, far outweighing the tax receipts it brings in of around £9 billion. The Bill is a vital step to break the devastating cycle of tobacco addiction and safeguard future generations from a lifetime of ill health.
But the world moves forward, and we cannot ignore the alarming rise of youth vaping. While vaping is less harmful than smoking and can be an effective quit aid for adult smokers, children should never vape. However, in the past five years, youth vaping has more than doubled. One in four 11 to 15-year-olds tried vaping in 2023, and that is no accident. It is in part due to the deliberate branding and advertisement of vapes to our children, with brightly coloured packaging and enticing sweet-like flavours—a calculated strategy to hook young people on nicotine. We cannot afford to wait to act.
I turn to the Government amendments, which seek to strengthen the Bill and ensure greater clarity. As we create the first smokefree generation and strengthen age restrictions on vapes and nicotine products, we want to support retailers in taking appropriate steps to ensure they do not sell to customers under the age of sale. New clause 11 and Government amendments 47 to 49, 51 to 53, 61, 63, 65 to 67, 69 to 71, 75, 77, 79 and 81 are a package of amendments and consequential amendments to the Bill. They seek to remove potential ambiguity for retailers regarding the use of digital identity for verifying the age of prospective customers when selling tobacco, vaping and nicotine products.
In Committee, Members raised concerns that the list of identity documents to satisfy the defence for a person charged with selling products to someone under the age of sale was limited, and queried the inclusion of other forms of physical and digital identity. These amendments remove the lists of physical ID from the Bill and instead provide powers for the Secretary of State and the Department of Health in Northern Ireland to specify in regulations the steps that may be taken to verify a customer’s age to meet the requirements for the defence. This revised approach better future-proofs the defence against developments in identification processes and provides the potential to recognise digital ID, as well as physical ID, in the context of the defence, supporting the widespread use of digital ID.
The amendments provide the opportunity for effective interaction with part 2 of the Data (Use and Access) Bill that is currently going through Parliament, which includes provisions relating to digital verification services. Digital verification services provide an opportunity to securely verify age for in-person and online sales. We will continue to work closely with the Department for Science, Innovation and Technology and other Departments when developing the regulations.
New clause 11 provides a similar power for Scottish Ministers to prescribe in regulations the steps that should be taken to establish a customer’s age as a defence to an age of sale offence. That will enable Scottish Ministers to respond to changes in technology and consumer behaviours, which may move away from the presentation of a physical document.
The last Labour Government took bold action to prohibit displays of tobacco products to protect children and young people from being enticed into addiction and to create a more supportive environment for adults seeking to quit. The Bill goes further and gives powers to limit the display of a wider range of products, including herbal smoking products, cigarette papers, vapes and nicotine products. Government amendments 56, 57, 60, 62, 74, 76, 78 and 80 will alter the powers in the Bill for England, Wales and Northern Ireland that regulate displays of products and their prices, so that they also cover tobacco-related devices. As was discussed in Committee, pipes, heated tobacco devices and bongs are currently displayed in shops and can have the effect of promoting tobacco usage. The amendments will ensure that we can make regulations to stop products that facilitate the consumption of tobacco being openly displayed by retailers.
The Bill bans the sale of vapes, nicotine products and cigarette papers from vending machines in England, Wales and Northern Ireland and restates the existing ban on tobacco vending machines. We know that vending machines are used to bypass age of sale restrictions and to undertake proxy purchases on behalf of people under the age of sale. Government amendments 50, 54, 55, 64, 68, 72 and 73 are clarifying amendments that make the scope of the prohibition on vending machines absolutely clear, as was discussed in Committee. The Government’s position is that the Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010 already apply where a customer has a coupon, receipt or token purchased elsewhere that can be redeemed at a machine. We are amending the clauses so that all machines that dispense products in connection with a sale are clearly captured by the ban.
The Bill strengthens the enforcement regime to support law-abiding retailers while taking action against those who break the rules. Along with introducing new fixed penalty notices and new powers to create a licensing system, the Bill re-enacts provisions on restricted premises orders and restricted sale orders. Those are existing measures that local authority trading standards in England and Wales can use when dealing with a retailer that persistently breaches restrictions. That ensures there is a range of tools in the enforcement armoury, so that trading standards officers can act quickly and effectively against rogue retailers.
Government amendments 58 and 59 clarify a point raised in Committee by removing a duplicative and unnecessary provision that would prevent a business or individual from operating a vending machine for the sale of tobacco, vaping or nicotine products following the issuing of a restricted premises order or a restricted sale order. Given that the Bill already prohibits the use of vending machines for tobacco, vaping or nicotine products, there is no need for restricted premises orders and restricted sale orders to expressly prohibit the use of vending machines. Together, the Government amendments will improve the implementation and enforceability of measures in the Bill to ensure the most effective protection for the public, and I commend them to the House.
Turning to the other amendments in the group, I thank hon. Members for their scrutiny of the Bill so far. When I wind up, I will try to cover the key themes that are touched on. On the amendment that seeks to undermine the smokefree generation, I am sure we will hear arguments from some hon. Members who have been listening to the tobacco industry’s arguments and myths about how people should be free to make their own choices. I would say to them that smoking kills two thirds of its users. Three quarters of people wish they had never started smoking, and the majority want to quit—that is not freedom of choice. The tobacco industry took away that choice with addiction, usually at a young age.
On smokefree places, we have been clear: in England, we intend to consult on extending smokefree outdoor places to outside schools, children’s playgrounds and hospitals, but not to outdoor hospitality settings at this time. No smoker wants to harm people, but with second-hand smoke, they do. If people can smell smoke, they are inhaling it. This is particularly important for children, pregnant women and people with pre-existing health conditions such as asthma or heart disease. The only way to stop this harm is to stop people smoking around others. While I understand hon. Members’ proposals to list specific places in the Bill or to add additional limits to the use of the powers, it is right that we consult on the detail before making regulations and have the necessary powers to protect children and vulnerable people from the harms of second-hand smoking.
I am grateful to the co-chairs of the all-party parliamentary group on smoking and health, my hon. Friend the Member for City of Durham (Mary Kelly Foy) and the hon. Member for Harrow East (Bob Blackman), for their long-standing support for the Bill. Through their amendments, they highlight the importance of retaining a focus on support for current smokers. That is why we are investing an extra £70 million for local stop smoking services this year and working to ensure that all NHS hospitals offer opt-out smoking cessation services into routine care. I hope they will be pleased that we have been able to confirm the extension of the swap to stop scheme for the coming year, with up to £90 million of funding to provide free vape starter kits for smokers to use as quit aids.
On the group of amendments relating to vape advertising, we realise that products being deliberately marketed at children is unacceptable, which is why we have included a commitment to stop vapes being branded and advertised to children. The Government are also investing £10 million of new funding for the coming year for National Trading Standards to tackle underage illicit tobacco and vapes and to boost the trading standards workforce by recruiting 80 new apprentices, providing additional boots on the ground.
Mr Joshua Reynolds (Maidenhead) (LD)
Trading standards are really important and obviously, therefore, so are fixed penalty notices, so will the Minister support amendment 1, which would mean that any fixed penalty notice sums will be retained by local authorities to spend on public health, thus saving the NHS money, as she mentioned earlier?
Ashley Dalton
As the hon. Member will know, there are already measures in the Bill that allow some of the fines to be retained—they can certainly be retained to make it cost-neutral for local authorities—but I am sure we will explore that issue later on.
The Bill contains regulation-making powers on a range of aspects of product requirements that already allow us to do many things that hon. Members seek to achieve, but I look forward to listening to the contributions to today’s debate on the wider list of amendments and to responding to the points that are made.
Mrs Brackenridge
I am pleased to say that that will end with the Bill, which will ban vape advertising aimed at children, outlaw sales from vending machines and crack down on packaging designed to attract young eyes. Firm action to protect the health of children includes a £10 million boost for trading standards to fund more enforcement officers.
I welcome the recent announcement of the £62 million groundbreaking research to investigate the long-term health effects of vaping by tracking 100,000 young people aged eight to 18 over a decade. Unless we prevent illness, our NHS will continue to be overwhelmed, and billions of pounds will be spent addressing a problem that could have been curbed in advance. I call on the House to pass the Bill in order to protect children in Wolverhampton East and across the country.
Ashley Dalton
Let me begin by thanking all hon. and right hon. Members for their contributions. I will try and touch on the many amendments discussed and the key questions raised.
At the heart of the Bill is the establishment of the smokefree generation by gradually ending the sale of tobacco products across the UK. Amendments 4 to 35 tabled by the right hon. Member for East Antrim (Sammy Wilson), amendments 38 to 45 tabled by the hon. Member for Romford (Andrew Rosindell), amendments 103 to 111 tabled by the hon. Member for Clacton (Nigel Farage) and new clause 12 tabled by the right hon. Member for South Holland and The Deepings (Sir John Hayes) would remove that policy or water it down. There is no liberty or choice in addiction, however, and that is why the Government are committed to creating the world’s first smokefree generation. We have the public’s backing, with 71% of adults supporting the goal of a smokefree Britain in a YouGov poll carried out in November 2023. Raising the age of sale to 21 will not meet our ambition to make the UK smokefree.
Wera Hobhouse
I hear what the Minister is saying, but the Metropolitan police and other forces tell us that it is incredibly difficult. The Bill gives us an extra opportunity to protect young children from a terrible pathway into addiction and crime. Is it not the task of this Government to stop that?
Ashley Dalton
The entire Bill is about preventing addiction among our young people and preventing their move into crime. These things are already illegal and the Government believe that existing legislation will allow for them to be dealt with.
On cigarette filters, I understand hon. Members’ concerns about tobacco litter, but new clause 2, tabled by the hon. Member for Gosport (Dame Caroline Dinenage), could lead to greenwashing, improving the reputation of tobacco manufacturers while not necessarily improving environmental outcomes.
Dame Caroline Dinenage
That is an incredibly lazy argument. We do not care about greenwashing; greenwashing is just semantics. We care about cleaning up our beaches, cleaning up our streets and reducing the cost to local councils of cleaning up litter. It is ridiculous if the Government are going to be swayed by one lobby or another and not do the thing that is common sense and much better for our environment.
Ashley Dalton
I thank the hon. Member for her intervention. If I am allowed to finish, that is one of the issues and that proposal may not necessarily improve environmental outcomes. However, we consider that powers are already available to the Department for Environment, Food and Rural Affairs that enable the Government to limit the damage to the environment caused by filters, so the amendments are unnecessary.
Similarly, new clause 14, tabled by my hon. Friend the Member for Dartford (Jim Dickson), would prohibit the supply of all cigarette filters or cigarettes containing filters, whether they contain plastic or not. Ultimately we believe that the best way to tackle filters is through the reduction of smoking rates. On bundles of tobacco products, the Bill gives the Government the powers to regulate retail packaging of tobacco products and devices, herbal smoking products and cigarette papers, as well as vaping and nicotine products. In addition, the Bill already gives the Government powers to regulate how products are packaged together in bundles, so amendments 86 and 87, also tabled by my hon. Friend, are not necessary.
Amendments 46, 90 and 91 and new clauses 8 to 10 and 15 would all undermine our promise to the electorate to stop vapes being advertised to children. We have a clear mandate, with 74% of adults in Great Britain supportive of a ban, and we will not create any exemptions that could undermine this. On amendment 90 and new clause 15, let me reassure the shadow Secretary of State and my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) that the Government are not prohibiting the promotion of vapes in general as a smoking cessation tool.
Let me reassure my hon. Friends the Members for Newcastle upon Tyne East and Wallsend and for Suffolk Coastal (Jenny Riddell-Carpenter) that the Bill already provides the Government with powers to limit the amount of nicotine in a nicotine pouch, to regulate vaping products in such a way that would prohibit the sale of high puff count vaping devices, including setting tank capacity limits for devices where multiple refill tanks are attached, and to ban any other ingredient that may be harmful. The Government believe that these measures are more appropriate for secondary legislation due to the technical details that need to be captured, rather than in primary legislation as new clauses 4 and 21 would require.
On amendment 37, tabled by my hon. Friend the Member for Newcastle upon Tyne East and Wallsend, we recognise that vape flavours are a really important consideration for adult smokers seeking to quit smoking, but we also know that sweet or fruity flavours are the main flavours that appeal to children and that certain flavours and ingredients can be particularly harmful to health. We have been clear that we will carefully consider our future regulations so that we get the balance right, and this is subject to a statutory duty to consult. Similarly, I reassure my hon. Friend that amendment 88 is unnecessary. We will honour the long-established principles of good consultation when consulting on regulations under part 5 of the Bill, including in relation to who is consulted.
On new clauses 6 and 7, while the Government are committed to protecting children from the risk of harms through addiction, our approach across all products in the Bill is for age to be verified at the point of sale, not at the point of use. Mandating any age-gating technology for vapes would create harsher restrictions on vaping than smoking. That could make vapes less accessible and attractive to adult smokers wishing to quit and use vapes as a smoking cessation tool.
I recognise the concerns of the hon. Member for Harrow East (Bob Blackman) about online sales. However, it would not be proportionate to ban all online sales because that would impact on those retailers seeking to operate within the law.
As was discussed in Committee, going back to the issue of wider enforcement, new clause 18 and amendment 89 do not reflect the complex processes required to develop the licensing scheme in England and Wales. Although I am sympathetic to the shadow Secretary of State’s aims, rushing to publish draft regulations within two months of Royal Assent would risk creating flawed policy.
I pay tribute to colleagues in the Scottish Government, Welsh Government and the Northern Ireland Executive. This UK-wide Bill has been developed in partnership with them, and I thank them for their support. Our manifesto committed to resetting our relationship with the devolved Governments, and this Bill is a great success in demonstrating collaboration across Governments in improving the health of the nation.
Jim Allister
Since the tobacco directive applies to Northern Ireland under the protocol through section 7A of the 2018 Act and applies directly, and the directive forbids the type of proposition in this Bill, would the Minister care to explain to the House how this Bill will be applicable in Northern Ireland as long as the tobacco directive applies?
Ashley Dalton
This Bill has been put together, as I said, with collaboration across all the Governments and bearing in mind all the Government’s legal obligations under the law. All those things have been taken into account, and the Bill is able to be brought forward in that way. Our manifesto committed to delivering the smokefree generation, and we are working across all Governments to ensure that we deliver that, as well as honouring our international obligations. As a result, the Government do not consider new clause 3 tabled by the hon. and learned Member for North Antrim (Jim Allister) to be necessary. That is because we are content that measures drafted in the Bill that apply in relation to Northern Ireland are consistent with our obligations under the Windsor framework, and the proposed new clause would put us in breach of international law. In the drafting of the Bill, as I have stated, we have considered all its domestic and international obligations, and it is for those reasons that the Government cannot support new clause 3.
The Bill will bring about a real change by creating a smokefree generation. As we have discussed, there is no liberty or choice in addiction, and almost all smokers want to quit and two thirds wished they had never started. I started smoking at the age of 16 and decided I would stop when I was 18—I could not stop. I thought, “I know, I’ll stop when I am 21” and then it was 25, then it was when I graduated, and then it was when I had a child. At no point was I able to give up this pernicious addiction. It took a cancer diagnosis to scare me into being able to stop smoking, and I do not wish that on any of our young people.
In conclusion, many of the amendments are unnecessary because the Bill already grants the Government the power to take forward the issue through the more appropriate route of secondary legislation. This is a landmark Bill: the most significant public health intervention in a generation. It strikes the right balance on the interests of public health by being proportionate and not overly burdensome. It allows the Government to bring forward the appropriate primary and secondary legislation to ensure that we can deliver a smokefree generation that protects all our children from the addiction of tobacco, a uniquely harmful substance.
Ashley Dalton
I beg to move, That the Bill be now read the Third time.
Let me start by thanking hon. Members on both sides of the Chamber for their positive and constructive engagement today and more generally as the Bill has progressed through the House. Let me put on record my sincerest thanks to all members of the Public Bill Committee, who scrutinised the Bill extremely thoroughly and brought it to this stage.
The Bill is the next step in a long history of action on tobacco, but as the House is aware, it is not a step that this Labour Government have taken alone. I thank the right hon. Member for Richmond and Northallerton (Rishi Sunak) for his ambition to make a difference to the future of our country by championing the previous Tobacco and Vapes Bill. The Bill that we are discussing today is even stronger in its ambition to tackle smoking and youth vaping, in part thanks to the contributions and debate from MPs from all parties on these most critical of issues.
I thank the Opposition Front Benchers for their engagement with the Bill, particularly the shadow Minister, the hon. Member for Sleaford and North Hykeham (Dr Johnson), who has been a determined campaigner for action on youth vaping for a number of years. I also thank my officials in the Department for Health and Social Care and the devolved Governments, the Office of the Parliamentary Counsel, the Government Legal Department and the Clerks, whose tireless work and support on the Bill have enabled the development of this extraordinary legislation.
When this Government took office, we promised to create a smokefree generation. Today we are delivering on that promise. By creating a smokefree UK, we are investing in a healthier society for all. The Bill will tackle the concerning rise in youth vaping and reduce the immense burden that tobacco-related illnesses place on our society and our NHS. I consider it a great privilege to have overseen these last parts of scrutiny of the Bill, and I urge all right hon. and hon. Members to support it to proceed to the other place.