Tobacco and Vapes Bill
(1 day, 6 hours ago)
Commons ChamberRead Hansard Text Watch Debate Read Debate Ministerial Extracts
Madam Deputy Speaker (Ms Nusrat Ghani)
I inform the House that Lords amendments 21, 22, 29, 32 to 34, 37, 38, 43 to 48, 51 to 59, 62, 77 and 78 engage the Commons’ financial privilege. If any of these Lords amendments are agreed to, I will cause the customary entry waiving the Commons’ financial privilege to be entered in the Journal. I call the Minister to move the motion. I believe it is her debut, so congratulations and welcome—enjoy.
Clause 1
Sale of tobacco etc
The Parliamentary Under-Secretary of State for Health and Social Care (Mrs Sharon Hodgson)
Thank you, Madam Deputy Speaker. I beg to move, That this House agrees with Lords amendment 1.
Madam Deputy Speaker
With this it will be convenient to discuss:
Lords amendments 2 to 27.
Lords amendment 28, and Government amendments (a) to (c) consequential on Lords amendment 28.
Lords amendment 29, and Government amendments (a) to (c) consequential on Lords amendment 29.
Lords amendments 30 to 123.
Mrs Hodgson
Before I address Lords amendment 1, I would like to take this opportunity to pay tribute to my predecessor, my hon. Friend the Member for West Lancashire (Ashley Dalton), for her work on the Bill and the wider prevention agenda. I also extend my thanks to Baroness Merron for her work in the other place, ensuring that the Bill was expertly steered through the legislative process.
This is a landmark Bill, and I am honoured to have taken on responsibility for it as the House considers the amendments made in the other place. Creating a smoke-free generation is the most significant public health intervention since the ban on smoking in public places in 2007, under the last Labour Government. Tobacco claims around 80,000 lives every year, and in England it is responsible for a quarter of all cancer deaths. Someone is admitted to hospital almost every minute as a result of smoking, and up to two-thirds of deaths among current smokers can be attributed directly to smoking. Those are not abstract figures; they represent lives cut short by an entirely preventable harm.
The Bill also takes decisive action to tackle the rapid rise in the use of vapes and other nicotine products, particularly among young people, protecting a new generation from nicotine addiction. All the amendments to be considered today have been accepted by the Government, starting with Lords amendments 1, 2, 39 and 40, which change the parliamentary procedure for age verification regulations from negative to affirmative in England and Wales, and in Northern Ireland. The regulations will set out how retailers may ensure compliance when verifying a customer’s age. The changes were made as a result of a recommendation from the Delegated Powers and Regulatory Reform Committee, which the Government accept.
Mrs Hodgson
I have always wanted to give way to the hon. Member for Strangford (Jim Shannon).
Jim Shannon
Well done, Minister—it has been a joy to see the hon. Lady’s elevation to the position she now holds, and I wish her well. Is she aware that Lord Dodds, a DUP Member of the other House, continued to push for changes to age verification in the Bill, and that my party’s primary motivation for the amendments was retailer protection? Without strict parliamentary scrutiny of age verification rules, small businesses will face disproportionate burdens compared with large supermarkets, and the moving age restriction, which rises by one year every year, makes manual verification increasingly difficult for shopkeepers over time. Has the Minister had the opportunity to address that issue, as it concerns many people?
Mrs Hodgson
We do not intend to place undue burdens on retailers. Indeed, it should be easier because there is one only date that anyone will have to remember when verifying somebody’s age, which is 1 January 2029. It should be a lot easier as nobody has to do any complicated arithmetic in their head any more. I thank the hon. Gentleman for his intervention.
Lords amendments 3 and 4 provide a narrow exemption to the Bill’s ban on vape vending machines, allowing them to be used in adult mental health settings in England and Wales, and only in areas “wholly or mainly” for patients. That aims to support adult in-patients who may face limits on accessing vaping products used to manage nicotine addiction. The Government remain committed to the wider ban on vending machines, to prevent children and young people from being able to bypass age restrictions on vapes and nicotine products. However, we are aware that adults with long-term mental health conditions have a much higher smoking prevalence than the general population, and ensuring that adult in-patients are able to access vapes from vending machines supports smoking cessation.
Lords amendments 6, 7, 9 to 18, 20, 25, 27, 29 to 31, and 92 to 102 relate to the creation of a licensing scheme in England, and allow for the licensing authority to enforce the future scheme in addition to trading standards. The change was made in response to feedback from local government stakeholders that such a measure would strengthen the scheme and help it to be managed more efficiently following its introduction. Lords amendments 21 to 24 and 28 allow the proceeds from the £2,500 fixed penalty notice for licensing offences in England and Wales to be retained by local authorities for enforcement purposes. The Bill previously required them to be returned to the consolidated fund after costs were deducted. That aligns with the Bill’s approach to allow local authorities to retain proceeds from the £200 fixed penalty notices. Local authorities will be able to reinvest proceeds into strengthening enforcement of the Bill, and help to tackle the illicit market.
Matt Rodda (Reading Central) (Lab)
May I, too, welcome the Minister to her post, and say how wonderful it is to see her leading on this important work? On a point of clarification, I am sure the measure she mentions will be welcomed by local authorities. Certainly the experience in my area is that there are hotspots where local authorities struggle with enforcement on a range of issues, whether that is antisocial behaviour, noise, or other activities. Will the measure apply to all local authorities, or just those in some parts of the country? It would be wonderful if it is all local authorities.
Mrs Hodgson
As far as I am aware, it is all local authorities—I am getting an affirmative nod from the Box, so I am happy to give my hon. Friend that reassurance.
The Government have also tabled amendments (a) to (c) consequential on Lords amendments 28, and amendments (a) to (c) consequential on Lords amendment 29, to correct an error arising from changes made on Report in the other place. Without these amendments, trading standards officers in Wales would lose the ability to issue certain fixed penalty notices for a short period. The amendments resolve that issue and ensure consistency of approach between England and Wales.
On the Bill’s ban on advertising vape and nicotine products, Lords amendments 72 and 106 to 109 create a specific defence and provide additional clarity for businesses, ensuring that they can promote non-branded vaping and nicotine products where that is done in an arrangement with a public health authority for public health reasons. It was always the Government’s intention to allow public authorities to continue to promote effective smoking cessation tools, and these amendments strengthen that. I am pleased that we can provide reassurances to healthcare professionals that they can continue to promote smoking cessation materials in agreement with public health authorities.
There are also a number of more technical Lords amendments—71, 104, 105, 110 and 123—relating to advertising. They ensure that the policy works as intended by ensuring consistency of approach, and by taking account of changes to other legislation. They support the implementation and enforcement of the advertising provisions in the Bill.
The issue of filters has been raised throughout the passage of the Bill, both in this House and in the other place. Action on filters has been proposed by parties from across the political spectrum, because of concerns about environmental harms and harms to health. However, parliamentarians have advocated for restricting filters in a number of different ways. Lords amendments 32 to 34, 37 and 38, 42 to 48, 51 to 59, 62, 77 and 78, and 103 therefore contain a suite of powers that will enable secondary legislation to regulate filters, should evidence suggest that this is necessary. Regulations could ban filters in the future, or regulate their packaging, advertising and display. The evidence on the effect of filters, including their direct health impact, is still emerging, so no decision has been made on the use of those powers. The Government will look to consult on using the powers only if we think that there is sufficient evidence to justify action.
Jim Allister
On the review of the Bill, can the Government give an absolute guarantee that all its parts will apply to the whole United Kingdom, and particularly Northern Ireland? We are still, alas, subject to the EU’s tobacco directive, which many believe conflicts with a key part of the Bill. If that aspect of the Bill is overturned in Northern Ireland, will the Government commit to legislating to ensure that it does apply across the whole UK?
Mrs Hodgson
We are content that the measures in the Bill, which are intended to apply to Northern Ireland, are compatible with the obligations under the Windsor framework. I hope that answers the hon. and learned Gentleman’s concern.
We hope that the review will be a clear demonstration of the Government’s commitment to monitoring progress against our smokefree ambition. Finally, Lords amendments 5, 8, 36, 41, 60 and 61, 63 to 76, 79, and 81 to 88 are technical amendments, some of which are consequential to the commencement of several other Acts. They also improve consistency in drafting across the Bill.
I encourage all Members to support all the amendments. These are meaningful changes that strengthen the Bill and respond to concerns raised by Members across the House and in the other place. The Government amendments tabled today will return to the other place for consideration, and I look forward to their timely agreement, and to the Bill completing its final stages.
Dr Luke Evans (Hinckley and Bosworth) (Con)
I welcome the new Minister to her place; she is stepping in and taking the Bill through this stage, like a technical finishing substitute. I, too, have been substituted for my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who spent a huge amount of time going through the Bill in Committee. I place my thanks to her on the record. Because of what she did, I have not had to do it, which has been a relief.
Eradicating smoking among young people is a public health priority. There may be differences in how we would achieve that, but the objective is shared by Members across the House, and we will not divide the House on the Bill tonight. There has been important common ground. As my colleague Lord Kamall said in the other place, smoking is harmful, vaping is less harmful than smoking, and not vaping is better than vaping. I think we can all agree that those principles should guide this legislation.
Those principles underpinned the Bill introduced by the previous Government. Since then, it has expanded, and at times it risks losing focus on its central aim of reducing smoking, particularly among young people. The Opposition have been concerned, for example, about measures that have placed additional burdens on hospitality and retail, and about restrictions on vaping that could undermine its role as a quitting tool for adult smokers. I therefore welcome the changes made in the House of Lords and the Government’s acceptance of them.
Further, the exemption of the adult mental health in-patient setting from the ban on vapes vending machines is a sensible and compassionate decision. Ministers were right to respond to concerns raised by peers, including my colleague Lord Moylan, and mental health charities, and we welcome the changes to clause 12. It is also right that local authorities will be able to retain proceeds from fixed penalty notices to support enforcement under the amendments to clause 39.
However, the Bill marks not the end of the process, but simply the end of the beginning. Key questions remain, including about the regulation of flavours and descriptors, advertising, and the designation of vape-free places. Those decisions will pretty much determine whether the Bill works in practice. It is therefore essential that the Government proceed in a way that is proportionate, enforceable and sustainable. We have already seen the importance of that balance. I welcome the decision to drop proposals to extend restrictions in pub gardens, which would have placed further strain on the hospitality sector. However, Ministers should take note. Restrictions should be targeted at areas where there is a clear and significant risk to public health. Possible considerations include restrictions outside schools and playgrounds, and I gently ask the Minister to reflect that approach as further regulations are developed.
The Lords also strengthened the Secretary of State’s powers in relation to cigarette filters, enabling more effective regulation of components that contribute to environmental harm. In addition, a series of technical amendments were agreed to, aimed at clarifying definitions, improving compliance mechanisms and ensuring that secondary legislation is subject to the appropriate level of parliamentary scrutiny. For example, Lords amendment 1, relating to age verification regulations under clause 1, requires the affirmative procedure to be used, increasing oversight of a core part of the Bill. Those are sensible improvements that reflect the spirit of constructive scrutiny.
A key and central issue raised throughout the passage of the Bill has been the risk of unintended consequences, and particularly the growth of the illicit market. Whether we are for the Bill or against it, one concern unites us all: the black market. If regulation is too restrictive or poorly enforced, it will drive consumers away from the legal market and into illegal supply, which would undermine both public health and enforcement. The Opposition proposed an annual report on illicit tobacco and vaping activity, which the Government rejected. Given the concerns raised throughout the passage of the Bill, I would be grateful if the Minister could set out clearly how the Government will monitor and respond to changes in the illicit market.
We support the broad objectives of the Bill, but we will be watching closely. Its success depends not on its intentions, but on its delivery. When it was first introduced, I spoke about my experience as a junior doctor on a respiratory ward—my first hospital job. I saw patients struggling for breath, families in distress, and moments when, despite everything, there was little more that could be done. The true test of the Bill is simple: in years ahead, fewer families should have to experience the same pain, suffering and despair. Let us hope this works.
Mary Kelly Foy (City of Durham) (Lab)
I declare an interest: I am proud to be the co-chair of the all-party parliamentary group on smoking and health. I am pleased that the Bill has returned from the Lords with minimal amendments. All the amendments before us are either Government amendments or have Government support, so I hope that the Bill can achieve Royal Assent as soon as possible. I understand that the amendments put forward today by the Secretary of State are simply to correct drafting errors, so I assume that they will need only brief consideration by the Lords.
I am proud that the Bill will become law under a Labour Government. I hope that this Government will be remembered as the one that began the end of smoking in this country. In a few decades’ time, I hope that people, particularly young people, will look back on smoking with disbelief, and will say, “Can you believe that selling tobacco, a lethal product, with the aim of getting us hooked, was ever allowed?”
Before coming to this place, I was a councillor in Gateshead council, where I held the public health portfolio from 2009 to 2019, and I chaired the Gateshead Tobacco Alliance. Tackling smoking was a central part of my work during that time, and it continues to be so today, because it remains the single biggest driver of health inequality in communities like mine and across the north-east.
In areas of high deprivation, smoking is not just a public health issue, but a deeply entrenched inequality. It is far more common in disadvantaged communities, where people are more likely to start smoking younger, find it harder to quit, and suffer the worst health outcomes as a result. That means higher rates of cancer, heart disease and respiratory illness, and lives cut tragically short. I have seen that reality at first hand over many years, and it is why action like that set out in the Bill is so important.
We should remember that tobacco is the single most harmful commercial product on sale in the world. It is sold for profit, while killing around two thirds of its long-term users and generating enormous returns for the companies that manufacture it. It is highly addictive, and many who start smoking wish they never had. Over 80,000 people die in this country every year because of it, and if it was introduced today, it is unthinkable that it would ever be permitted.
This Government are right to legislate for a smokefree generation, because there is a fundamental imbalance at the heart of this issue. Companies are making vast profits from a product that drives disease, kills two in three of their customers, deepens inequality and places huge costs on our NHS and wider society. We know how important it is to work towards a truly smokefree future, and to drive smoking rates down to as close to zero as possible.
In the north-east, we have a clear declaration for a smokefree future, endorsed by all directors of public health, our integrated care boards, Fresh, all 12 local councils and all 10 local hospital trusts. That kind of whole-system commitment is vital, not just for improving health but for tackling poverty, supporting a more productive region and preventing the premature loss of loved ones to smoking-related disease. That work is already delivering results. In County Durham, smoking rates have nearly halved over the last decade, reflecting a sustained effort across prevention and support to help people quit. However, rates remain higher in some communities, so we cannot afford to lose focus now.
I am equally pleased about the strong cross-party support for the Bill. We saw that clearly in debates in the other place. The APPG on smoking and health is a great cross-party effort, which I am proud to co-chair with the hon. Member for Harrow East (Bob Blackman).
There is much to welcome in the amendments. In particular, amendment 80, which requires the Government to review the Act, is an important addition that strengthens the Bill. To be clear, it is not a sunset clause, nor is it a test of whether the smokefree generation policy has succeeded in its health aims—the impact assessment makes it clear that we are playing the long game—but rather it will assess how smoothly implementation has progressed and what burdens, if any, have fallen on retailers. I am confident that it will report positively, and that it will encourage other countries to follow our lead. I note that a similar private Member’s Bill is before the French Parliament, which I hope reassures colleagues about the policy’s compatibility with EU law.
Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)
I commend my hon. Friend for all her work as part of the APPG on smoking and health and in her former role as a councillor. Does she find it as shocking as I do that four in 10 adult smokers in this country believe vaping to be as harmful or more harmful than smoking, when it is one of the most effective tools to help people quit?
Mary Kelly Foy
I totally agree with my hon. Friend. We must keep in mind the fact that it is smoking that causes harm and death, not vaping, which can be a very successful cessation tool. I hope that the Bill will continue to push that.
Powers in the Bill cover marketing, display, packaging and product design, as well as flavours and their descriptions. However, there is a crucial balance to strike: reducing youth appeal without limiting access or effectiveness for those using the products to quit smoking. We must keep the harms of smoking firmly at the forefront of our minds.
A review after four to seven years feels appropriate to assess how the regulations are affecting usage and the market, and whether we are striking the right balance. This should be considered alongside the disposable vape ban and the forthcoming vape excise tax. I would welcome reassurance today that the review will place the harms of smoking and the needs of smokers at its centre.
Many of the other amendments are technical in nature. I welcome the comprehensive definition of tobacco coming into force on Royal Assent, through Lords amendments 89, 90 and 91, as there is no need for a transition period. The exemption for vape-vending machines in Lords amendments 3 and 4 is also welcome, as others have noted, because we must ensure that vulnerable smokers are supported as much as possible to quit.
As my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson) has recently taken up her role, I welcome her to her position as Minister for Public Health. I look forward to working with her as this Bill, soon to be an Act, progresses, so that we can continue our work, and hopefully set out a road map for a totally smokefree country and to look again at introducing a polluter pays levy.
Finally, as someone who has spent many years advocating for a smokefree future, free of death and disease from tobacco, I know from speaking and listening to many people affected by smoking just how much the public want and need this action. We have already shifted the social norms around smoking and now, thanks to the work of organisations such as Action on Smoking and Health and Fresh, and the work of colleagues across the two Houses, a smokefree future is now possible. That is truly something to celebrate.
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Liberal Democrat spokesperson.
Dr Danny Chambers (Winchester) (LD)
I also welcome the hon. Member for Washington and Gateshead South (Mrs Hodgson) to her position as Minister for Public Health. I had the privilege to serve on the Bill Committee, as other hon. Members did—indeed, I see some familiar faces in the Chamber. One of the things that struck me most was when the chief medical officer gave his evidence: he said that the Bill was not only the most significant piece of public health legislation in 30 years, but probably the single of piece of legislation that will most help to address inequality. Inequality is multifactorial, but one of the main factors in the difference in life expectancy between certain wealthier areas and certain more deprived areas is the rate of smoking. This Bill will have a huge impact, especially on the communities for which we are really trying to improve life expectancy.
I am very pleased that the Government accepted so many amendments in the Lords. Some of the amendments that the Liberal Democrats are really keen on are regarding fixed penalty notices and require all the money from those fines to go to local public health initiatives, as directed by local authorities. We know that public health is so important, yet funding for such organisations is usually extremely limited, given the pressures on local authorities. Without the Lords amendments on fixed penalty notices, the money would go straight back to the Exchequer. We fundamentally believe that if we are serious about making a meaningful difference to people’s lives, that money must be used in local smoking-cessation initiatives.
As the mental health spokesperson for the Liberal Democrats, I am acutely aware of the benefits of the Lords amendments that support those with long-term mental health conditions, who have higher rates of smoking than the general public. We know that going cold turkey is simply unrealistic and can even be dangerous. The exemption on vape vending machines in secure mental health hospitals ensures that people are supported professionally in quitting in a sustainable and maintained way that will not further damage their mental health.
I welcome the Lords amendments on regulating filters, which have cross-party support. Not only are filters an environmental issue, but they provide a false perception of safety to smokers. Ensuring that there is awareness of the lack of protection that these filters provide and of smoking as a whole is imperative if we are to ensure that people can make informed decisions about their health and wellbeing.
I am very pleased to support this Bill as it goes through Parliament; it is momentous and significant. We really appreciate the Government’s accepting the Liberal Democrat Lords amendments, which will slightly improve how the Bill will be delivered. We are very pleased that this will be a strong and impactful Bill. We hope that it will deliver meaningful change on public health for generations to come and that we will have a smokefree generation growing up.
Tristan Osborne (Chatham and Aylesford) (Lab)
I welcome the Minister to her new position and thank her predecessors for all the excellent work that they did in getting this legislation through Committee and in their representations in the House of Lords.
As has rightly been said by Members across this Chamber, this is a seminal piece of legislation that puts Britain at the forefront of smoking cessation. It is a Bill that will be modelled in other nations around the world and that reflects the changing nature of tobacco use in the United Kingdom. I remember that when I was growing up in the 2000s—not that many years ago some might say—smoking was a real problem in schools. Among under-18s in particular, 50% of cohorts were smoking. I am a former schoolteacher, and if we fast-forward to today, that figure has dramatically reduced. However, we see new technologies such as vapes and chewable tobacco taking the place of smoking.
I welcome many of the measures in this Bill and the fact that we are the cheerleaders taking it forward. I also welcome the cross-party consensus in accepting many of the Lords amendments and in accepting proposals from representative groups outside the House. Those proposals include the ban and restrictions on filters, which are evolving as I speak; in many cases around the world, filters are quickly changing, so they still remain a problem.
I accept some of the changes regarding vending machines. One of the big things discussed in Committee was vending machines in mental health and other health institutions as smoking-cessation tools. It is welcome that, as a result of the debate in Committee, we have accepted that vaping remains a smoking-cessation tool. Broadly speaking, until evidence is presented that shows otherwise, vapes are a far healthier product than cigarettes, so they continue to have a place in smoking cessation.
I thank the Government for accepting Lords amendments on the issuing of fines of up to £2,500 by local authorities and the ringfencing of that money for those councils. We know that councils do outstanding work in challenging illegal tobacco. My council in Medway in Kent has one of the most successful track records in identifying illegal tobacco and challenging those who market the product, but we know that that is just the tip of the iceberg. These products contain significant quantities of dangerous chemicals and other types of product that can be severely damaging to people’s health.
I also want to mention restrictions on advertising. We know that there is gamification around tobacco products. We know that tobacco companies have sought to advertise specifically to young people so that they become addicted at ever younger ages. That is not a new technique; it has been happening for generations. I am glad that the Government have accepted Lords amendments on advertising to ensure that we restrict it on television and in other marketing efforts.
This Bill and all the amendments tabled by Members across this Chamber and in the other place, reflecting the views of different organisations in civil society, are broadly speaking extremely sensible, and I am glad that the House is not dividing on the Lords amendments tonight.
Lastly, I pay tribute to all the people working in our health services, who have been the most clear advocates for this Bill. They are the people who have been at the coalface every single day dealing with the consequences of tobacco, be they lung conditions, heart disease or concurrent conditions. It is because of their work over many years that we are here today with this Bill and these Lords amendments.
Jack Rankin (Windsor) (Con)
I served on the Bill Committee, and the subsequent process of scrutiny of this Bill has been entirely as expected. I was disappointed, though not surprised, by a failure to engage critically with its contents and to listen to the real concerns, in particular those of the high street businesses and the hospitality industry, which it will impact on most. I disagree with this socialist Bill on principle. Although I have a lot of time for my hon. Friend the Member for Hinckley and Bosworth (Dr Evans), I am sorry to see my Front Benchers continuing to support the broad thrust of the Bill. It creates two tiers of adults and, at its core, is fundamentally illiberal.
However, I was willing to look beyond that and engage constructively with the Government to improve the legislation, which is why I tabled a series of common-sense amendments both in Committee and on Report. They would have allowed for the advertisement of smokefree products in venues that are already adult-only; required a consultation on the impact of advertising bans on retailers; and permitted the targeted advertisement of vapes and smokefree alternatives to existing adult smokers. Those proposals had some cross-party support in this House, and two of them were taken up by peers in the other place, notably Lord Udny-Lister and Lord Sharpe for the Opposition.
Throughout this process, I have engaged with the Minister and her predecessors through letters and written questions, and I genuinely thank her for her timely responses. However, it quickly became clear that there was little interest from the Government in improving this Bill, which is driven more by puritan ideology than by evidence or practicality. As a result, we have seen it forced through by the Labour Government and their little helpers, the illiberal Democrats in the other place, with no regard to implementation or unintended consequences. Today, we are likely again to wave through 100 Government amendments from the Lords with minimal scrutiny.
All parties will welcome the fact that smoking rates in this country have declined from 30% in the early 2000s to 10.4% today. The free market has played a key role in that, with companies creating less harmful, smokefree alternatives such as vapes and nicotine pouches. There has been a consistent failure to recognise what an important role such products have played in the decline of smoking, and I hold concerns that the tight restrictions in this Bill on flavours and advertising will stop adult smokers from making the switch.
Chris Vince (Harlow) (Lab/Co-op)
Although I disagree with much of what the hon. Gentleman is saying, I recognise the passion with which he speaks. Does he recognise that one issue with vape products is that a number of people who smoke vapes have not previously smoked cigarettes? That is a concern. Vapes are not just an alternative to smoking and a means to stop people smoking; young people are being drawn to vapes rather than cigarettes because of their colours. Does the hon. Gentleman recognise that that is an issue that needs to be addressed?
Jack Rankin
I absolutely recognise that. We should make sure that these products are available to adult smokers—children should never start. However, I am afraid that the heavy-handed nature of this Bill risks sending the broad message to the general public that vapes are bad, which is not a message that we want to send to existing adult smokers. That point was ably made earlier by some of the hon. Gentleman’s friends on the Labour Benches. I believe that we would be doing a disservice to, and setting back, the public health aims of the Bill by advancing it as it stands.
Lords amendment 72 rightly protects the advertisement of vapes and nicotine products as part of a public health campaign, but this demonstrates the great irony of the Bill. The Government know that vapes and nicotine products are an effective quit aid and actively promote them for that purpose, but at the same time they are bringing in measures that will reduce their availability and attractiveness to adult smokers.
If Ministers will not listen to Members of this House and peers in the other place, I had hoped that they might at least listen to the hundreds of high street businesses that took the time to write to them. I share those businesses’ concerns about the extra pressures the Bill will place on corner shops, convenience stores and hospitality businesses, and how it will change the face of our high streets. That is where the real impact of the Bill will be felt. Those businesses are already under immense pressure from high energy costs, increasing national insurance contributions, the Employment Rights Act 2025 and changes to business rates—I will admit that the Government are nothing if not consistent. Corner shops and convenience stores now face losing custom due to the generational ban, alongside further compliance burdens through advertising restrictions and licensing schemes. The ban alone is expected to cause 7,680 store closures, to cost 70,000 jobs and to cost retailers £6.52 billion. Those are not my numbers; they are from the Government’s own impact assessment.
Dr Chambers
The hon. Gentleman raises legitimate points about the pressures facing small businesses at the moment, but does he not agree that there must be better ways of supporting small businesses than facilitating children to get cancer?
Jack Rankin
I am not suggesting that at all, sir. I am suggesting that the generational smoking ban that applies to smoking adults—I have never met a smoking adult who did not know that smoking was bad for them—is an illiberal policy that will create two tiers of adults. There is absolutely nothing wrong with people making decisions that we individually might think are bad for them. The evidence suggests the same, but people should be perfectly able to make those decisions should they choose to do so.
As legitimate businesses struggle, less scrupulous operators will inevitably fill the gap. The rapid growth of seemingly dodgy vape shops is a real concern for my constituents in Windsor, and it will be a concern for the constituents of Members right across the House. On the high street in Windsor, there are eight such shops. This is not a response to the demand for vapes, so we should ask whether fraud, money laundering or organised crime are taking place. We already have much evidence to say that they are. During a mystery shopper exercise in Windsor and Sunninghill, I witnessed the sale of illicit tobacco in three shops—it was alarmingly easy to obtain. The price difference explains why: a pack of illicit cigarettes can cost as little as £3.50, compared with £16.75 at retail. If such activity is taking place openly today, that raises the question of what else might be happening behind the scenes, and where this activity will go under the Bill.
The Bill risks turbocharging an already thriving black market. Tobacco receipts are down by £414 million, or 10%, in the last six months alone, and have fallen nearly 30% over the past decade, far outpacing the decline in smoking rates. More than one in four cigarettes consumed in Britain are now illicit, amounting to about 2 billion cigarettes each year, and the international evidence, including from Australia, should serve as a warning. Members who are sceptical should spend time with their local trading standards office to see the reality for themselves. That is why hundreds of retailers backed an amendment, tabled by Lord Murray of Blidworth, that would have replaced the generational ban with a minimum age of sale of 21. That would have been more enforceable and less costly. Naturally, that amendment was rejected.
Hospitality businesses have voiced real concerns about provisions in the Bill. That sector is so important to the economy in Windsor, and it is already struggling: since the 2024 Budget, job losses in the sector have made up around 50% of job losses overall. UKHospitality has said that many businesses have no capacity to absorb additional costs. Labour has hiked alcohol duty, is banning smoking and is considering health warnings on alcohol. Labour hates fun—it is no wonder that landlords are barring MPs from their pubs.
Amendments tabled in the other place by Lord Sharpe of Epsom would have protected our beer gardens from being designated as smokefree and allowed the advertising of products that do not contain tobacco in age-gated venues, in a similar way to the amendments that I tabled in the Commons. Those amendments would have gone some way towards reassuring pubs and venues that the Government are not completely set on destroying them. Again, those amendments were rejected—or am I to understand that the Government have U-turned on that?
Before I conclude, I will briefly raise one further concern regarding the powers granted to Ministers to prohibit cigarette filters in future. The justification for this measure remains unclear, and it is yet another example of the broad and—I would argue—excessive powers that this Bill contains, including the host of Henry VIII powers it grants. Through this Bill, the Government have teed themselves up to bring in further puritan measures in the coming years without needing to consult this House. Any such steps will simply exacerbate the growth of the black market and the decline in duties collected.
Smoking rates are falling naturally, but this Bill may well reverse that trend, as it limits access to quit aids. It will likely mean less revenue for the Treasury as the black market grows, and it will cost our high street businesses billions. The amendment process has done little to address, or even acknowledge, those concerns. However, I will end on a more positive note by saying that I welcome Lords amendment 80, which requires a review of the Bill within four to seven years of its implementation. I believe that review will vindicate me in many of the concerns I have raised today and provide a future Government with the opportunity to address or, indeed, repeal those aspects of the Bill that prove most unworkable—not that I believe this Bill will get that far. It will not survive a change in Government, which will happen at the next opportunity afforded to the Great British people.
Euan Stainbank (Falkirk) (Lab)
I refer hon. Members to my entry in the Register of Members’ Financial Interests and my position as chair of the responsible vaping all-party parliamentary group, in which I succeeded my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon).
As a member of the Bill Committee and part of the envious generation who will precede the smokefree generation this Bill promises, I welcome its return to the House and welcome the Minister for Public Health, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), to her place. It cannot go without saying that we also welcome the immense contribution of her predecessor, my hon. Friend the Member for West Lancashire (Ashley Dalton), and her mammoth work in guiding the Bill through Report and Third Reading. Finally, I welcome the contributions of Members from all parts of the House to the Bill.
It is critical that the powers enabled by the extensive secondary legislation that this Bill provides for are employed with our constituents’ health at the forefront of Ministers’ minds. My primary hope is that the Bill will drastically bring down smoking-related illness and early death, which are still far too prominent among smokers in this country. It has been proven by all currently available evidence that for smokers, switching to vaping is a substantially preferable and healthier choice than continuing to smoke. To put it simply, if you do not smoke, do not vape, but if you do smoke, switching to vaping is a far preferable choice for your health. That is a message we should never tire of repeating, especially considering that four in every 10 smokers still believe that vaping is just as harmful as smoking, if not more harmful, despite the scientific and medical consensus.
As we pursue a smokefree generation for those turning 18 at the turn of the year, the Government must recommit at every opportunity—including through this Bill—to rebutting this harmful misunderstanding of the relative harm of vaping through both words and actions. Lords amendment 72 acknowledges this by providing a defence for public authorities to the offences in clause 113 on advertising that would enable the ongoing use of vapes and nicotine products for the promotion or protection of public health. I note that that defence applies only to non-branded vaping and nicotine products. When she sums up, will the Minister clarify whether the amendment would permit the use of flavoured vapes or nicotine products in pursuit of the promotion or protection of public health? The written and verbal testimony of ex-smokers across the country who have made the switch to vaping is clear that they rely on flavours to quit, to stay quitting, and to quit for good.
When we consider the use of secondary powers as part of the powers available to Ministers under the Bill, we must fairly balance the crucial public health objective of getting adult smokers to quit for good against the rising concerns about youth vaping across the country. It is the sadly too common gaudy and immediately apparent displays in shops, the ridiculous flavour descriptors and the packaging associated with illicit manufacturing and retailing that are driving youth vaping far more than the flavours themselves. We talk about the proliferation of vape shops on high streets, but it is the illicit and unregulated market that we must pursue as a priority. We certainly should not group that market with specialist retailers that pursue strong age verification, muted displays, safe storage and the ability to support smokers to quit.
On enforcement, Lords amendments 9 to 13 make necessary clarifications on the definition of an enforcement authority in England and Wales. Lords amendments 14 to 20 subsequently clarify where the responsibility to issue fixed penalty notices sits. Enforcement of this Bill will be necessary if it is to achieve its aim to crack down on illegal and illicit vape products, but we must not forget that the proliferation of the illegal vaping business is still concentrated at points of entry to the UK market. We must pursue that important objective, because we cannot prejudice public and consumer opinion against the sale of legal vapes from the regulated industry by allowing them to be displayed alongside illicit and unregulated products that we all want to see off the shelves of our local corner shops. Those are the products that are driving youth vaping, not the regulated ones. We must therefore ensure the adequate resourcing of Border Force, trading standards and local enforcement authorities. Will the Minister provide detail on how the Government will seek to achieve that within the scope of this Bill?
Lords amendments 21 and 22 to clause 38 are a welcome step. They permit relevant local enforcement authorities to retain the sums and reinvest them in connection with their enforcement functions, rather than those sums going to the national Consolidated Fund. Can the Minister clarify the purposes for which those funds can be utilised? As I understand it, they can be used only in connection with the enforcement function and not to support swap-to-stop schemes or any broader activity. I would appreciate that clarity when she winds up.
The need for enforcement against illicit retail practices has rightly become an increasingly salient issue, especially in Scotland following the tragic fire earlier this month in Glasgow. While it is important for us to state that no cause of the fire has yet been definitively established—that is rightly for the relevant authorities to investigate— will the Minister expand on how secondary legislation and associated Government action around trading standards could better enable local authorities to enforce against the illicit practices that the Bill seeks to address? How will the Government encourage retailers to drag themselves up to the best practice of specialist retailers on display, storage and age verification?
To conclude, the Bill’s primary aim to create a smokefree generation is welcome. I welcome that it will directly make that generation healthier and happier, and enable them to live far longer than those who preceded them. We must do all that, however, while enabling the millions of adult smokers in Britain to quit quicker and to get healthier.
Robin Swann (South Antrim) (UUP)
I welcome the Minister to her place. I worked with her predecessors when I was Health Minister in Northern Ireland, when this Bill first came about. I am sorry to disappoint the hon. Members for Windsor (Jack Rankin) and for City of Durham (Mary Kelly Foy), because this legislation started its iterations under the previous Government. Very little has changed between what was debated then and what is before us now, because it is the right thing to do. It is the common-sense thing to do for the health of the entirety of our nation.
I remember having those conversations with the then MP for South Northamptonshire, Dame Andrea Leadsom, who was passionate about what the Bill would bring about. She was receiving the same advice as I was from chief medical officers across the nation about how the cessation of smoking across generations would dramatically change not just health, but the income of many families. In respect of that four-nation approach, I seek reassurance again from the Government—I have received reassurance on this from the last Government and this Government—that the Bill will apply equally in Northern Ireland and all parts of the nation.
Jack Rankin
The hon. Member is right that the Bill, if it does apply, should apply to the whole United Kingdom, of which Northern Ireland is an integral part. Under the Windsor framework—the sell-out that is disgracefully named after my constituency—Northern Ireland is subject to the tobacco products directive, is it not? Is it possible, then, for the Bill to apply equally to Northern Ireland?
Robin Swann
That is the concern, but I point out that the Windsor framework was negotiated and implemented by the previous Government, who left Northern Ireland in this current situation. When I was in post, I received reassurances from the previous Government and from this Government. I would like to be in a place that I can take both at their word that they have done their due diligence about the applicability of this legislation, and the Minister responded to the hon. and learned Member for North Antrim (Jim Allister) on that.
Robin Swann
Well, it was Democratic Unionist party MPs who were prepared to oppose the Bill in this House while their MLAs supported it back in the Northern Ireland Assembly. That was a strange mixture, but that is where we are and that is where they are at this minute. I am assured that DUP MLAs support this legislation applying equally to Northern Ireland, and I think that was part of the debate in the other place with their peers. I finish by seeking reassurances from the Minister about the application of this Bill, because it is a good piece of legislation.
Jim Dickson (Dartford) (Lab)
It is a pleasure to have this Bill back before us today. During the many great speeches tonight, but also on Second and Third Reading, the great majority of people have agreed that we should feel proud of this world-leading piece of legislation. It will create that elusive thing: a smokefree generation in this country.
As a former smoker and as vice-chair of the all-party parliamentary group on smoking and health, I am grateful to have been able to speak regularly in the debates on this Bill, including spending many hours in the Bill Committee going through it line by line. As the hon. Member for Winchester (Dr Chambers) said, there is a feeling of veterans of the Bill gathering round to see it finally get over the line, and that is a wonderful thing.
As vice-chair of the APPG on smoking and health, I want to put on record my thanks to my hon. Friend the Member for City of Durham (Mary Kelly Foy) and the hon. Member for Harrow East (Bob Blackman) for their great work over the years leading that APPG to the point where we now have legislation that embodies the APPG’s ambitions.
Before I get into the detail, I will offer my thanks to Ministers and officials here and across the four nations of the United Kingdom for the work that they have done to create a Bill that will apply across our entire nation. I welcome the new Minister for public health, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), to her place. It is brilliant to have a champion for public health over many years as the new Minister. She was a very able public health spokesperson for this party while in opposition.
Just under a year ago, I tabled an amendment on Report that would have introduced a ban on all cigarette filters, regardless of whether they contain plastic. I tabled it in recognition of the fact that there are no health benefits at all to cigarette filters, despite the hon. Member for Windsor (Jack Rankin) seeming to be of the view that there are. Filters were developed by the tobacco industry following evidence that smoking caused lung cancer, in order to give a false sense of reassurance to smokers. The passage of this Bill has also seen discussions of the merits of what have been described as biodegradable filters. As Dr Bas Boots, ecologist and senior lecturer at Anglia Ruskin University—he spoke last year to the APPG on smoking and health—has said:
“All cigarette filters are harmful to the environment. Research from Anglia Ruskin shows the extent of this, with filters leaching toxic chemicals into soils and waterways causing harm to plants and animals.”
Although the Government did not accept my amendment, I am pleased to see other amendments—including Lords amendments 37 to 45—to ensure that regulatory powers in the Bill can apply to filters, and I understand from Action on Smoking and Health that if the UK were to ban filters, we would be the first country in the world to do so. I hope that the Minister, when she sums up the debate, will be able to tell us when a call for evidence related to cigarette filters will be launched.
In Committee, we discussed at length whether the changes in the Bill should extend to vape vending machines in mental health settings. I am grateful to the Government for considering that carefully and altering the Bill, via Lords amendments 3 and 4, to exempt vending machines in such settings from the overall, and very sensible, ban on them elsewhere in the light of their obvious role in helping often vulnerable people to stay smokefree.
The addition of a Government commitment, via Lords amendment 80, to review the implementation of the Bill within four to seven years is really sensible. It is important for us to look at how it is working, and to share any lessons learned with other countries that may be pursuing similar legislation—we know that a number of countries are doing so.
I also support Lords amendments 89, 90 and 91, which will ensure that a comprehensive definition of “tobacco” will apply from Royal Assent, as it should. That will end the practice of illegally marketing heated tobacco products, and will enable the Government to use powers in the Bill to specify that devices used for the consumption of tobacco cannot be promoted.
Finally, I want to reflect on the key impact of the Bill. When the age of sale restrictions for tobacco come into force on 1 January 2027, we will create a smokefree generation, with those born on or after 1 January 2009 turning 18 and never being able to purchase tobacco legally. As this century progresses, millions of UK lives will be saved, and we will genuinely be on the road to a smokefree Britain.
Ms Julie Minns (Carlisle) (Lab)
Before I begin my brief speech, may I say how good it is to see my hon. Friend the Member for West Lancashire (Ashley Dalton) in the Chamber? We owe her a debt of gratitude for both introducing the Bill and piloting it through the House. She leaves behind—I was going to say large shoes, but that seems a bit rude—significant shoes to be filled, but I know they are shoes that the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), is more than capable of filling, and I am very glad to see her in her place this evening.
I wish to speak briefly about Lords amendments 11 and 61, which, as we heard from my hon. Friend the Member for Falkirk (Euan Stainbank), clarify what we mean by a “relevant enforcement authority” and, in particular, clarify the duty that will be placed on that relevant enforcement authority to consider annually whether it is appropriate to carry out a programme of enforcement action. As has been said, we acknowledge, and know, that vaping can support adults who want to move away from smoking, but we nevertheless cannot ignore the rapid rise in youth vaping and the growing presence of illegal, non-compliant and counterfeit vapes and cigarettes in all our communities. That is why a robust, mandatory licensing framework is so urgently needed. The Bill will give the Government the power to introduce such a framework, and that can only be strengthened by a requirement for licensing authorities to consider annually the programme of enforcement.
Contrary to what the hon. Member for Windsor (Jack Rankin) seemed to suggest, one of the strongest arguments for licensing is its ability to combat the sale of illegal cigarettes and vapes on our high streets. Local authorities and enforcement bodies have warned repeatedly that rogue sellers are flooding the market with untested, high-nicotine, incorrectly labelled or counterfeit products, and my constituency is no exception. Just a few weeks ago, Cumberland council trading standards seized 6,000 illegal cigarettes in raids, and that was in addition to the £20,000-worth of illegal tobacco and vapes seized last summer. The introduction of on-the-spot fines of up to £2,500 and the ability to revoke retailers’ licences entirely are therefore welcome.
Mandatory licensing will also make it much easier to shut down dodgy shops that knowingly stock or distribute illegal vapes and cigarettes. Under the new framework, any premises found storing, displaying or supplying unregulated products will lose their licences, because licensing applies not just to the act of selling, but to the possession of regulated products for retail purposes. This means that enforcement officers will no longer have to rely on repeated seizures or warnings; they will have a fast, lawful route to closing down problem retailers for good.
In short, mandatory licensing is not just another layer of regulation; it is a powerful tool to crack down on illegal vapes, remove bad actors from our high streets, and support safer and more responsible retailing. More important, it will give local authorities the powers they need to shut down dodgy shops quickly, decisively and permanently. I therefore welcome both the Lords amendments and the Bill as a step forward to cleaning up our high streets and ensuring that we have a healthier, happier country.
Mrs Hodgson
With the leave of the House, Madam Deputy Speaker, I would like to place on the record my sincere thanks to all Members who have contributed to this thoughtful and constructive debate, and throughout the Bill’s passage in this House. It has been a real privilege to take it through this stage, following in the elegant and tiny footsteps but great ability of my hon. Friend the Member for West Lancashire (Ashley Dalton), who, along with our colleague Lady Merron in the other place, has done sterling work.
I am so grateful for the engagement of colleagues across the House, and for the shared commitment to improving public health and protecting future generations. As Members are aware, smoking remains the leading preventable cause of death, disability and ill health in this country. Despite significant progress, 5.3 million adults were still smoking cigarettes in 2024, and while tobacco remains the greatest threat, owing to its unique harms, we are also seeing a rapid rise in the use of vapes and other nicotine products, particularly among young people, creating a new generation at risk of harm and addiction. That is why this Bill matters, and why the action that we are taking today is so important.
Let me now turn to the points raised by hon. Members, who were small in number but mighty in their contributions. The shadow Minister, the hon. Member for Hinckley and Bosworth (Dr Evans), made an excellent speech, and I enjoyed hearing his thoughts—but he is not listening while I am talking about him.
The Parliamentary Secretary to the Treasury (Torsten Bell)
She is trying to be nice to you!
Mrs Hodgson
I am trying to be nice, and the shadow Minister is ignoring me, but I really enjoyed listening to what he said about being a practising doctor, and about his concerns which made it so apparent that we had to do something about this. I am sure that, having got here, he is proud to have played a part in getting this legislation on to the statute book, for those very reasons. He asked me about the illicit market. The creation of a smokefree generation will prevent people from ever becoming addicted to smoking in the first place. When the age of sale was increased from 16 to 18, 1.3 million more people could no longer to be sold cigarettes, and would, in theory, be in the market for illegal cigarettes. In practice, the number of illicit cigarettes consumed fell by 25% between 2005-06 and 2007-08.
The Bill takes bold action to strengthen enforcement and crack down on rogue retailers. We are investing up to £10 million of new funding in trading standards annually until 2028-29 to tackle the illicit and under-age sale of tobacco and vapes, and to help enforce the law. That funding is being used to boost the trading standards workforce by hiring 120 apprentices across England. The illicit tobacco strategy establishes a cross-Government taskforce, enhancing the ability of His Majesty’s Revenue and Customs to disrupt organised crime. Between April 2015 and March 2023, over 10 billion cigarettes on which UK duty had not been paid were seized by His Majesty’s Revenue and Customs and Border Force. The hon. Member for Windsor (Jack Rankin) asked about the illicit market, so I hope that addresses some of his concerns.
The shadow Minister asked about an appropriate balance. The Bill rightly takes strong action against youth vaping while recognising the important role that vapes play in helping adult smokers to quit smoking. The Government have been cautious to strike the right balance between reducing the appeal to children and ensuring that vapes remain an accessible tool for smoking cessation. That is why the Bill provides powers to tackle the appeal of vapes to children through elements such as packaging, display, flavours and device features. However, in order to avoid unintended consequences for adult smoking rates, the scope of restrictions will be carefully considered and consulted on.
Dr Evans
I am glad the Minister has addressed many of the questions that I posed. One was about the designation of vape-free places, and I think there is consideration of what that will look like. How will the Government approach that? I would welcome it if she could at least set out the framework of what she might think about in her new role.
Mrs Hodgson
That is being looked at, and I can write to the shadow Minister with the details as we progress. I will commit to doing that.
Mary Glindon
I welcome the Minister to her place and congratulate her on her new role. She has a hard act to follow, but I am sure she will be brilliant in her job. Could she say what metrics the Government will use to measure whether the Bill successfully reduces youth vaping?
Mrs Hodgson
I will definitely write to my hon. Friend, rather than just guess, but I suppose that we will see fewer young people vaping—the numbers should go down. To quote chief medical officer Chris Whitty, as someone did in an excellent speech earlier:
“If you smoke, vaping is much safer; if you don’t smoke, don’t vape.”
That is what we want the message to be, but I will commit to writing to my hon. Friend about how we will follow the metrics.
I come to the contribution from my hon. Friend the Member for City of Durham (Mary Kelly Foy), who asked about the levy. The measures in this Bill to reduce the use of tobacco are world leading. Given that the Bill will create a smokefree generation, and that we have a proven and effective model for increasing tobacco duties, we do not think that introducing a new, bespoke levy is the best way forward.
My hon. Friend also asked about advertising. We must stop the advertising and promotion of products that risk addicting a new generation to nicotine. The Bill delivers on this Government’s manifesto commitment to stopping the blatant advertising of vapes to children while continuing to support adult smokers in quitting. She said that it would be appropriate for nicotine pouches to be in scope of the ban on advertising, and I can commit to that.
My hon. Friend the Member for Chatham and Aylesford (Tristan Osborne) made a very thoughtful contribution, which sadly was followed by a not-so-thoughtful contribution from the hon. Member for Windsor. He and the hon. and learned Member for North Antrim (Jim Allister) called this a “socialist Bill”, but I remind the House that it started its life under a Conservative Government, and was lost in the wash-up prior to the general election.
Mrs Hodgson
I will finish responding to the hon. Member’s ideological arguments. This is not about liberty or choice for smokers. Up to two thirds of deaths among smokers can be attributed to smoking; three quarters of smokers wish they had never started; and the majority want to quit. That is not freedom of choice. The tobacco industry took away their choice by addicting them at a very young age.
Jack Rankin
I thank the Minister for her implied compliment to the Leader of the Opposition, who voted against this Bill on Second Reading when the previous Prime Minister brought it forward. She voted against it because the Bill does not respect the proper relationship between the state and the individual, and does not deliver equality under the law, so we will take that as a compliment in the new Conservative party, which is being refreshed in an authentically conservative direction.
Mrs Hodgson
The freedom to be addicted—I think that is what the hon. Member has just defended. I am sure that those on his Front Bench will take note of that. He also asked me about smokefree places. No smoker wants to harm people, but they do so through second-hand smoke, as we all know. On 13 February, the Government published our consultation on “free from” places. As we have previously set out, this Government are consulting on making outdoor public places smokefree and free from heated tobacco, including children’s playgrounds and spaces outside a number of health, social care and educational settings. Children and medically vulnerable people who visit such places should not be exposed to harm through no choice of their own. Additionally, we are consulting on making areas outside playgrounds and schools vape-free. With regard to indoor spaces that are currently smokefree, we are consulting on making the majority free from heated tobacco and vape-free. The consultation does not consider extending the proposals to outdoor hospitality.
Moving on to the excellent speech from my hon. Friend the Member for Falkirk (Euan Stainbank), I can confirm that, for smoking cessation purposes, flavoured vapes can still be promoted by businesses if they have an agreement with public health authorities. We recognise that vape flavours are an important consideration for adult smokers who are seeking to quit smoking, which is why the Government recently committed to consulting on regulating flavour descriptors as a first step before considering broader restrictions on flavoured ingredients.
The hon. Member for South Antrim (Robin Swann), in his really good speech, mentioned concerns about Northern Ireland. The Bill is UK-wide and has been developed in close partnership with the Scottish Government, the Welsh Government and the Northern Ireland Executive. We are content that the measures in the Bill, which are intended to apply to Northern Ireland, are compatible with the obligations under the Windsor framework, as I said earlier. The UK Government notified the EU’s technical regulation information system—TRIS—that certain provisions in the Bill relate to Northern Ireland; this is a standard process, not an approval process. Certain EU member states issued opinions setting out concerns about the compatibility of the smokefree generation policy with EU law, and it is not unusual for member states to submit opinions on TRIS notifications. For instance, several member states recently wrote to France when it proposed a ban on nicotine pouches, despite several other member states having already introduced such a ban.
The Government have provided a comprehensive response to the opinions that we have received, which sets out the strong public health justification for the policy, and explains why the smokefree generation policy complies with EU law as it applies under the Windsor framework, and the European Commission has now responded, noting our response. This concludes the TRIS process. I hope that answers some of the hon. Gentleman’s concerns.
We had really good contributions from my hon. Friends the Members for Dartford (Jim Dickson) and for Carlisle (Ms Minns). If I have not answered any of their questions because I was not quick enough to write stuff down, I commit to writing to both.
I very much hope that this House will support all the amendments under consideration, and that the Governments amendments will return to the other place for due consideration. I hope that this landmark Bill can complete its passage shortly, and that we can move forward with delivering a smokefree UK.
Lords amendment 1 agreed to.
Lords amendments 2 to 28 agreed to, with Commons financial privileges waived in respect of Lords amendments 21 and 22.
Government amendments (a) to (c) consequential on Lords amendment 28 made.
Lords amendment 29 agreed to, with Commons financial privileges waived.
Government amendments (a) to (c) consequential on Lords amendment 29 made.
Lords amendments 30 to 123 agreed to, with Commons financial privileges waived in respect of Lords amendments 32 to 34, 37, 38, 43 to 48, 51 to 59, 62, 77 and 78.
National Insurance Contributions (Employer Pensions Contributions) Bill: Programme (No. 2)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the National Insurance Contributions (Employer Pensions Contributions) Bill for the purpose of supplementing the Order of 17 December 2025 (National Insurance Contributions (Employer Pensions Contributions) Bill: Programme):
Consideration of Lords Amendments
(1) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.
Subsequent stages
(2) Any further Message from the Lords may be considered forthwith without any Question being put.
(3) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Imogen Walker.)
Question agreed to.