Dentistry

Andrea Leadsom Excerpts

Thursday 23rd May 2024 Written Statements

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

On 7 February 2024 the Government published our report, “Faster, simpler and fairer: our plan to recover and reform NHS dentistry”, to accelerate the recovery of NHS dentistry from the covid-19 pandemic. The plan will fund up to 2.5 million additional appointments, or more than 1.5 million additional courses of dental treatment and is already delivering, with over 500 more dental practices showing themselves as open to new patients as of 9 May. Our commitment is to improve access to NHS dental care so that those who need to see a dentist are able to, especially in under-served parts of the country.

A key priority for this Government is to grow capacity within dentistry so that there are more NHS dentists delivering care to patients. The NHS long-term workforce plan sets an ambition to increase dentistry places by 40%. This is the biggest numerical expansion of NHS training places in the history of the NHS and will mean that by 2031 we are training 1,100 dentists each year.

However, training more dentists is not the sole solution to current workforce challenges in NHS dentistry. We need dentists to do more NHS work alongside, or instead of, their private work.

More than 35,000 dentists are registered with the General Dental Council in England. However, only 24,151 dentists delivered at least some NHS activity in England in 2022 to 2023. This means that nearly one third of registered dentists are not contributing to NHS dentistry and may be exclusively working in private practice. Furthermore, data published today by the NHS Business Services Authority shows that of those that are delivering NHS dental activity, some dentists are making only a token commitment to NHS dentistry.

The Government estimate that training an individual dentist from the beginning of dental school through to graduation can cost up to approximately £292,000, of which costs in the region of £200,000 are not repayable by the student. We believe it is right and fair to seek better value for the significant investment that the taxpayer makes in the education and training of the dental workforce, and for graduate dentists to invest their skills and expertise in the NHS for the benefit of patients. This NHS experience will be of great benefit to them throughout their practice, as well as enabling better access for patients.

That is why we are today publishing a consultation on introducing a “tie-in” for graduate dentists. The introduction of a minimum NHS service requirement, or “tie-in”, would aim to ensure that newly qualified dentists spend at least some of their time delivering NHS dental care in the years following the completion of training. This may include working in a “high street” primary care dental practice, secondary care, community dentistry or dental public health.

The consultation will seek views on two main principles:

Newly qualified dentists should commit to delivering at least a minimum amount of NHS dental care, for a minimum number of years after graduating.

Newly qualified dentists should repay some of the public funding invested in their education and training if they do not deliver a minimum amount of NHS dental care.

The morale and wellbeing of our highly skilled and hard-working dental workforce is of utmost priority. I want to thank the many hard-working dentists for all their efforts as we have seen real improvements over the past year. We want to make NHS work more attractive to ensure NHS dentists are incentivised to deliver NHS care. As part of this, we have already announced a package of reforms to improve patient access and provide fairer remuneration for dentists. We are also supporting our excellent dental staff to work at the top of their training, and encouraging more hard-working dentists to those areas of England that are currently under-served. This is accompanied by detailed policy work on further reforms to the 2006 dental contract, in discussion with the profession, to properly reflect the care needed by different patients and more fairly remunerate practices. We want the outcome of this work to be better for patients and better for the workforce.

The publication of this consultation marks an important step in the delivery of both our plan to recover and reform NHS dentistry and the NHS long term workforce plan. We aim to make dental services faster, simpler and fairer for patients and the dedicated dentistry workforce. I would encourage all those with an interest in the policy proposal, whether professionals, organisations or members of the public, to share their views and to shape our approach.

[HCWS499]

Draft Human Medicines (Amendments relating to Registered Dental Hygienists, Registered Dental Therapists and Registered Pharmacy Technicians) Regulations 2024

Andrea Leadsom Excerpts

Tuesday 21st May 2024 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

I beg to move,

That the Committee has considered the draft Human Medicines (Amendments relating to Registered Dental Hygienists, Registered Dental Therapists and Registered Pharmacy Technicians) Regulations 2024.

It is a pleasure to serve under your chairmanship, Mr Hollobone. The Government are proposing changes that would improve patient access to medicines in both dental practices and pharmacies.

First, hon. Members will know the vital role that pharmacies play in communities across our country, and I am sure that they will join me in expressing enormous gratitude and appreciation for the incredible work of brilliant pharmacists up and down the country. Of course, pharmacists dispense prescription medicines to the public, but for many people they are also the first port of call for healthcare advice. Pharmacies can provide a number of different services, including vaccinations, blood pressure checks and contraception, and that takes pressure off hospitals and GPs while playing an essential role in safeguarding the nation’s health. Pharmacists are fully trained and qualified, and pharmacies in hospitals are a key source of advice for doctors, nurses and other clinical staff. As well as supplying basic healthcare products, they support the management of complex medication regimes.

Pharmacies are a priority for this Government, and of course for the Prime Minister personally. Indeed, I do believe that the Prime Minister’s own mother was a pharmacist—colleagues may have heard that. [Interruption.] Have they? I think they have. I thank her for her lifetime of service, and pay tribute to every pharmacist who is helping us to deliver for the British people by taking NHS appointments, day in and day out. In recognition of the clinical expertise and knowledge that pharmacists have to offer, this Government have invested in pharmacy as part of our primary care recovery plan. We have made significant funding available for more blood pressure checks and more contraception consultations, as well as for Pharmacy First, which launched in January 2024, enabling community pharmacies to supply prescription-only medicines for seven common conditions without a prescription from a GP. Together with the investment in more blood pressure checks and oral contraception consultations, Pharmacy First will save around 10 million GP appointments once fully rolled out. The sector has embraced Pharmacy First, with over 125,000 consultations delivered in February, which was the first month of the service. Data on Pharmacy First delivery will start to be published from the end of this month.

Secondly, hon. Members will be only too aware of how important dental practices are in local communities. Dentistry is a top priority for this Government, and that is why we published our dental recovery plan in February. I am delighted that the plan is already delivering results on the ground, with nearly 500 more dental practices now open to new NHS patients. Dentists not only deal with emergencies, of course, but play a critical role in prevention.

Although the draft statutory instrument covers two very distinct professions, it will enable both to use their full range of skills to supply patients with the medicines they need in a timely manner. Legislation already allows some registered healthcare professionals to supply or administer certain medicines as part of their usual clinical practice. These are called exemptions. Our proposed changes will put exemptions in place for dental therapists and dental hygienists to supply or administer a range of medicines that are already a part of their day-to-day jobs. The changes will mean that they can supply or administer those medicines to patients without first having to refer to a dentist, so that they can deliver care without the need to organise additional appointments or interrupt dental colleagues who are already busy with other patients. These sensible, common-sense measures will free up precious time for clinicians and patients alike. The medicines are listed in the draft regulations. Seven of them are topical or local anaesthetics, three are fluoride products, and there is one antibiotic gel and one antifungal medicine.

Healthcare professionals have a responsibility to carry out care only where it is safe to do so and they are competent to do so. Many already have extensive experience of using these medicines, but of course we will not be compromising on safety one inch. Dental practices will continue to be responsible for making sure that clinicians undertaking the procedures have the knowledge, qualifications and skills to carry them out safely, and training will be made available for all those who want to make use of the exemptions. That will help dental practices to safely deliver more care for their patients as part of our dental recovery plan.

Our proposals will allow pharmacy technicians to supply or administer medicines to patients using mechanisms called patient group directions, or PGDs, which are written instructions that allow some healthcare professionals to supply or administer specified medicines to patients with certain conditions, without the need for a prescription. They are developed by experts from a range of fields, who thoroughly kick the tyres of every PGD before they are passed. Pharmacy technicians will be responsible for assessing whether patients fit the criteria. Once implemented, PGDs are carefully monitored to check they are being used appropriately on the ground. It is up to local healthcare organisations to decide, following national guidelines, whether a PGD route is appropriate for a clinical service. Local clinical managers are responsible for permitting healthcare professionals to work under PGDs, while making sure they are trained to use them safely.

Hon. Members might have come across pharmacy technicians in their local hospitals without necessarily realising who they are or what they do. However, pharmacy technicians are well placed to take on these roles. In fact, they already carry out a wide range of tasks in many healthcare settings, including hospital and community pharmacies, GP practices, care homes, prisons, our armed forces and the pharmaceutical industry. In recent years, their roles have given them opportunities to work face to face with patients, making them highly adept at answering questions about medicines.

We are making changes to training for pharmacists that will soon mean they can graduate as fully qualified prescribers.

[Richard Fuller (North East Bedfordshire) (Con)]

I fully support what the Minister proposes, but I have a maths question for her. I know that she did not prepare the impact assessment herself, but she probably reviewed it. It states:

“We have discounted benefits to patient health and the NHS at 1.5% per annum and all other benefits at 3.5% per annum.”

Of course, that lower discount rate has the effect of making the later benefits look better—they are not discounted to a lower level now, so we can spend more money for the same amount of benefits later on. Is the Minister comfortable with those discount rates? Given where interest rates are now, will she put some questions to the people who made the impact assessment about why those particular discount rates were used?

[Dame Andrea Leadsom]

As always, my hon. Friend makes a very good point about the finances. I cannot answer his question immediately—I would have to refer back to the impact assessment—but perhaps I can write to him on that point. It is vital that we look at the longer-term impact of any change that we make. Without addressing his specific point, I can say more generally that in introducing these further flexibilities for pharmacy technicians, we are increasing capacity in the very important sectors of dentistry and pharmacy, and doing so will benefit patients and the national health service alike.

Let me conclude by pointing out that, together with the proposals we are debating, all these measures will expand capacity in pharmacies for the prescribing, supply and administration of medicines, providing patients with access to a wider range of clinical services delivered by healthcare professionals with the right skills, at the right time. That supports the Government’s ambition to improve outcomes for patients while reducing demand on other parts of the service. I commend the regulations to the Committee.

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[Dame Andrea Leadsom]

I thank the hon. Gentleman for his support for the measures. He is absolutely right to highlight that we all want to see greater capacity and more depth in these sectors, as well as more access for patients. It is a good thing to do and I can absolutely assure him that there has been full consultation, with views taken into account. I can also assure him that it is for professionals to decide which particular medicine can be used by which particular technicians and therapists in each case, so I do not think he needs to be concerned. Should there be views that a particular medicine is not effective or that it should not be used because of considerations of antimicrobial resistance, its inclusion does not necessarily mean that it must be used. I hope that I can reassure him that all views have very much been taken into account and the regulations are permissive, not compulsory, if I may put it like that.

Question put and agreed to.

Drug and Alcohol Treatment

Andrea Leadsom Excerpts

Tuesday 14th May 2024 Written Statements

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

The Government’s landmark 10-year drug strategy “From harm to hope” committed to developing a comprehensive workforce strategy to rebuild the drug and alcohol treatment and recovery workforce. Improving and expanding treatment and recovery services is central to the drug strategy mission, and this cannot be achieved without a resilient, well-trained, and properly supported workforce. The strategy also highlighted the importance of naloxone, an opioid overdose reversal drug, in preventing deaths, and our commitment to reviewing legislation to make it more easily accessible for those at risk.

The drug strategy was backed by an additional initial three-year investment of £532 million between 2022 and 2025 to improve the capacity and quality of drug and alcohol treatment. This funding is supporting the expansion of the workforce by the end of 2024-25 with:

800 more medical, mental health and other regulated professionals

950 additional drug and alcohol and criminal justice workers

Additional commissioning and co-ordinator capacity in every local authority

We know that recruitment and retention of a high-quality drug treatment workforce is crucial to ensuring we can deliver a world class drug treatment system. In the first year of this additional funding, the sector recruited over 170 medical, mental health and other regulated professionals and 1,250 drug and alcohol workers. The 2022-23 drug strategy recruitment targets for nurses, social workers and pharmacists were achieved.

We are today publishing the strategic plan for the drug and alcohol treatment and recovery workforce. The strategic plan has been developed by the Office for Health Improvement and Disparities and NHS England through extensive sector engagement. It sets out the path to developing a sustainable, multidisciplinary drug and alcohol treatment and recovery workforce, equipped with the skills to reduce the harm of problematic drug and alcohol use and help more people initiate and sustain recovery, by 2034.

The key elements of the plan are to:

provide clarity on the roles required to deliver effective drug and alcohol treatment and recovery services through the development and implementation of the capability framework;

develop training programmes in line with the capability framework and standardise and accredit training for drug and alcohol workers;

increase the professional mix in the sector, attracting and retaining more medics, nurses, psychologists, social workers and pharmacists;

significantly improve the quality and coverage of clinical supervision and enhance clinical governance systems;

develop the pipeline of regulated professionals entering the system.

In addition, we are also today publishing the Government response to the consultation proposals to expand access to take-home naloxone supplies. This consultation ran for six weeks and sought views on proposed changes to who can supply naloxone without a prescription. We received over 300 responses spanning all four nations of the UK and included responses from a variety of organisations and individuals such as charities, NHS trusts, housing services and drug and alcohol treatment workers. Of these responses, approximately 95% agreed with the proposals we set out.

The volume of responses and breadth of support for the changes we outlined from across the UK demonstrates the importance of expanding access to this lifesaving medication. On this basis, we are proceeding with plans which will do this through two routes:

First, by expanding the list of services and professionals named in legislation who are able to supply take-home naloxone without a prescription.

Secondly, by establishing a registration service enabling professionals and services not named in the legislation to, subject to appropriate training and safeguarding, supply take- home naloxone.

These changes, alongside the publication of the strategic plan, mark an important step forward. Widening access to naloxone will prevent the number of deaths from opioid overdose, and the workforce plan provides a foundation for better and more consistent training, career progression and longer-term workforce planning for the drug and alcohol treatment and recovery workforce. This is a clear demonstration of this Government’s ongoing commitment to making the ambitions of the drug strategy a reality and delivering world-class treatment and recovery systems of care across England.

[HCWS463]

Tobacco and Vapes Bill (Eighth sitting)

Andrea Leadsom Excerpts

Committee stage
Tuesday 14th May 2024 Public Bill Committees

Question proposed, That the clause stand part of the Bill.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

The clause provides quite simply that, if any measures in this Bill did not apply to the parliamentary estate, they would do so by virtue of the explicit mention in this clause. It simply removes loopholes, and I commend it to the Committee.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

I would never want us to be accused of the damning political adage that it is one rule for them and one rule for everyone else, so of course I support the parliamentary estate being subject to the same regulations.

Question put and agreed to.

Clause 75 accordingly ordered to stand part of the Bill.

Clause 76

Regulations: general

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 77 stand part.

[Dame Andrea Leadsom]

Clause 76 provides that any regulations made under the Bill may make

“consequential, supplementary, incidental, transitional or saving provision”.

That is a very good set of words. This enables any regulations to introduce provisions for different purposes, as well as to make different provisions for different parts of the UK.

Clause 77 provides the procedures for making regulations under the Bill. Regulations made by the Secretary of State or Welsh Minister are to be made by statutory instrument. Regulations made by Scottish Ministers are to be made by Scottish statutory instruments.

[Preet Kaur Gill]

As the Minister says, clause 76 provides that, where regulations are made under the Bill, the regulations may make

“consequential, supplementary, incidental, transitional or saving provision”,

and it allows regulations to introduce different provision for different purposes, as well as different provision for different parts of the United Kingdom. The explanatory notes to the Bill cite the helpful example that

“under powers in Part 5 (Notification requirements etc for vaping and nicotine products), different provision may need to be made for Great Britain and Northern Ireland”,

since Northern Ireland uses its own portal for publications. I expect our colleagues in the other place will have their own comments to make about the various consequential and incidental provisions in the Bill, but, as far as I am concerned, I am happy to see the inclusion of the clause.

Similarly, on clause 77, I have no substantial comments to make apart from noting how important it has been to ensure that the important new regulations that we are introducing through this Bill are implemented equally and at the same time across all four nations of the United Kingdom. I echo the Minister’s thanks to Ministers in the devolved nations for the constructive way in which they seem to have engaged with and supported the Bill.

Question put and agreed to.

Clause 76 accordingly ordered to stand part of the Bill.

Clause 77 ordered to stand part of the Bill.

Clause 78

Extent

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause simply outlines the extent of the Bill: part 1 applies to England and Wales, part 2 to Scotland, part 3 to Northern Ireland and parts 4, 5 and 6 to the whole of the UK. It is a standard clause that helps the measures in the Bill to function effectively, and I commend the clause to the Committee.

[Preet Kaur Gill]

As the Minister has set out, clause 78 outlines the territorial extent of the Bill. We have discussed many of these discrepancies with earlier clauses, particularly on the sale and supply of tobacco, vapes and nicotine products. I have no further comments to add.

Question put and agreed to.

Clause 78 accordingly ordered to stand part of the Bill.

Clause 79

Commencement

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[Preet Kaur Gill]

I thank the hon. Gentleman for setting out the case for his amendment. We have already debated clause 79 to some extent, and I raised my concerns that we were not introducing regulations to close the loophole on the free distribution of vapes to under-18s sooner.

On new clause 6 and amendment 24 I recognise the point that the hon. Gentleman is making, which is that a mandatory age verification policy has been in force in Scotland for anyone looking under 25 since 2017. My understanding is that that is working well and, indeed, we also have Challenge 25 here in England and in Wales, although not on a legislative footing. The policy of providing a buffer can only help to ensure that those who are under-age, but who look over-age, are caught and are asked for ID—provided everyone knows where they stand and the Challenge 25 policy is well advertised.

As we have already discussed, the view taken in the design of these regulations is to put the responsibility for age of sale restrictions with the retailer, rather than the customer. The question the hon. Gentleman is raising is whether to make carrying ID effectively mandatory for customers buying cigarettes or vapes. I have a few concerns about that that I would like to raise. First, quite rightly, in order to be consistent with the rest of the regulations, his amendments put the responsibility for such a policy on the retailers. However, the effect of the policy would be to require customers to carry ID in order to buy these products if they were under a certain age. There does seem to be a bit of a disjunct, as that risks legislating twice for the responsibility to make sure that retailers do not sell to people who are under-age. Does this not suggest that the penalties for breaching the age of sale legislation need to be stronger in order to incentivise retailers to put robust policies in place?

I am slightly concerned that the policy will also remove flexibility when it comes to, for example, shop workers in local corner shops, who know their customers. Would they not end up having to ask people for ID every time, even when they already know they are over-age? Secondly, I just want to ask how the hon. Member envisages this working in the longer term, given that the age of sale for tobacco will rise every year? How will the Challenge 25 buffer be set accordingly? As it stands in his proposals, it would run out in 2033.

My other question is for the Minister. Presumably there has been a conscious decision to not align with the Scottish law on this subject. Can she explain why that decision was taken, on balance, when consistency in the law across Great Britain would surely be beneficial? Moreover, can I ask whether she has discussed this with Ministers in Wales? Once again, I thank the hon. Member for Harrow East for tabling the amendment and I will be interested in the responses to the questions that I have raised.

[Dame Andrea Leadsom]

I have a lot of sympathy with the point made by my hon. Friend the Member for Harrow East, and with his amendment and new clause 6. The hon. Member for Birmingham, Edgbaston mentioned some of the reasons why they are potentially slightly confusing and also, perhaps, unnecessary. I understand the point about the neatness of aligning to Scotland. The hon. Lady asked whether we have discussed this with Ministers in devolved Administrations and, of course, the answer is yes.

The decision we took is that the proposal that we have is adequate. New clause 6 would introduce a requirement for businesses selling tobacco products, herbal smoking products and vaping products in England and Wales to operate an age verification policy. The policy would establish a customer’s age if they look under the age specified by the new clause. The new clause seeks to replicate the existing requirements in Scotland, and the related amendment 24 would mean the requirement to operate an age verification policy would come into force six months after Royal Assent.

For purchases of tobacco and herbal smoking products from 1 January 2034, when anyone born on or after the 1 January 2009 turns 25, the age verification policy would need to be updated to reflect the new age of sale for tobacco or herbal smoking-related products. That means that a person selling such products from 2034 onwards would be required to take steps to establish a customer’s age if they looked like they were born on or after 1 January 2009. The age verification requirement for vaping products would remain the same—that is, to take steps to establish a customer’s age if they look under 25.

Although I welcome my hon. Friend’s intention to ensure that retailers do not sell to anyone under-age, there is a fine balance to strike. We do not want to place undue burden on those retailers who understand their business and customers by introducing new mandatory age verification policies. It is already an offence to sell tobacco and vaping products to anyone under-age, and that is enforced by trading standards, who will continue to take an intelligence-led, proportionate approach to enforcing the law through age of sale test purchases. Retailers should continue to take reasonable steps and exercise due diligence to ensure they do not break the law. Most retailers already follow recommended practice and regularly ask for identification from customers, but, as the hon. Member for Birmingham, Edgbaston said, they do not have to do so every single time if they know who the person is and they always buy products at that shop.

Under the new clause, failure to operate an age verification policy could result in a fine of up to £500 for a business on conviction. The Government feel that that is disproportionate and not what we are trying to achieve through the Bill with the introduction of fixed-penalty notices. The on-the-spot fines will complement existing sanctions, allowing trading standards to take swifter action to fine retailers that sell tobacco or vape products to someone under-age.

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[Bob Blackman]

One of the clear concerns expressed by retailers—not necessarily the owners of shops but the staff who work in them and sell the products—is that if they can turn round to customers and say, “Look, it’s the law. I’ve got to ask you for your age verification. It is not something I can choose not to do; I have to do it,” that would strengthen their position. It would prevent arguments when they say, “I think you look under 25,” or “I think you look under 21.” That would strengthen their arm and make sure they abide by the law.

[Dame Andrea Leadsom]

As I say, I have a lot of sympathy for my hon. Friend’s point of view, but he will appreciate that Challenge 25 has been in place for a good long time, and it works reasonably well. It is well understood right across the country, and therefore the Government’s position is that it is not necessary to move to mandatory age verification.

I can also reassure my hon. Friend that we are investing £15 million a year in national anti-smoking campaigns, which will help explain the legal changes that the smoke-free generation policy implements. They will also prepare the public and retailers for those changes. For those reasons, I ask my hon. Friend to withdraw the amendment and the new clause.

[Bob Blackman]

Given the Minister’s answer, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 79 ordered to stand part of the Bill.

Clause 80

Transitional provision

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

The clause provides a power to make transitional or saving provisions. Transitional provisions address how existing legislation will be phased out or replaced by new legislation, and saving provisions preserve certain rights, obligations or legal consequences from existing statute. Welsh Ministers can make transitional or saving provision relating to the coming into force of clause 27 and schedule 1, which relate to the handing over of tobacco to under-age people in Wales. Scottish Ministers can make transitional or saving provision in relation to part 2. The Department of Health in Northern Ireland can make transitional or saving provision in relation to part 3, and the Secretary of State can make transitional or saving provision in relation to any measures or part that has not been mentioned. This is a standard provision, and I commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for that explanation. I have no further comments to add.

Question put and agreed to.

Clause 80 accordingly ordered to stand part of the Bill.

Clause 81

Citation

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause provides that the Bill may, in due course, be cited as the Tobacco and Vapes Act 2024. This is a standard clause, and I thoroughly commend it to the Committee.

[Preet Kaur Gill]

I have nothing further to add.

Question put and agreed to.

Clause 81 accordingly ordered to stand part of the Bill.

New Clause 2

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 manufacturer or importer of tobacco products for the supply of any tobacco products;

(b) limiting the profits which may accrue to any manufacturer or importer in connection with the manufacture or supply of tobacco products;

(c) providing for any manufacturer 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.”—(Bob Blackman.)

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.

Brought up, and read the First time.

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[Mary Kelly Foy (City of Durham) (Lab)]

We heard during our evidence session about the immense damage that is done to our health, wellbeing and the economy, costing the public finances nearly double the amount raised by tobacco taxation. We also heard about the inordinate profits of the tobacco industry and about the idea of a polluter pays levy, which could raise up to £700 million a year. I hope Members would agree that that would help to deliver the smoke-free future that we all want to see.

I am vice-chair of the APPG and we have called for this proposal for many years, and it was great to see it in Dr Khan’s recommendations. The levy is popular and feasible and, as the report from ASH shows, is supported by voters of all political persuasions and the majority of tobacco retailers.

The tobacco manufacturers have the money; they should be made to pay to end the epidemic that their products are causing for our communities. However, I understand that there is still a nervousness from the Treasury and a reluctance on both sides to accept the new clause at this time. I hope that it will continue to be explored, so that the onus is put on to big tobacco, not the taxpayer, for paying for the damage caused by these products.

[Dame Andrea Leadsom]

I also pay tribute to the all-party group, and to the work of my hon. Friend the Member for Harrow East over so many years; the effort that he has made to get us to this point really is incredible, and I commend all hon. Members who have been a big part in trying to stamp out this horrible trade and its effect on young lives in particular. I have a lot of sympathy for my hon. Friend’s request, and I hope that I can reassure him that the Government are determined to abide by the polluter pays principle, while not at this point wanting to accept an amendment that introduces a new tobacco levy, essentially because it would take years to bring into action.

The Treasury consulted on a tobacco levy in 2015 and, as set out in the consultation response, the Government’s preferred approach remains to continue with the proven and effective model of dealing with tobacco products through increases in tobacco excise and duties. As all hon. Members know, that generates up to £10 billion a year, which can support a full range of public services, including public health and the NHS. The Department of Health and Social Care will continue to work with the Treasury to assess the most effective regulatory means of making the industry pay for the undoubted and enormous harms that its products cause to our society.

Alongside the Bill, we are taking strong action to reduce the affordability of tobacco, which is an effective measure to trigger smoking cessation. The UK already has some of the highest tobacco taxes in the world. The World Health Organisation recommends that total taxes on tobacco are at least 75% of the retail price on typical cigarettes. The UK comfortably meets that target, with taxes at around 80% of the selling price. The Government have also committed to a tobacco duty escalator, which increases duty by retail price index inflation plus 2%, at each Budget until the end of the current Parliament.

Data from the Office for National Statistics shows that the average price of a pack of 20 king-sized cigarettes has almost tripled in the past 15 years, from £5.37 in March 2009 to £15.66 in March 2024, and I can say that, when I took up smoking at age 14, they were about £1.50 a pack—I know I’m old, but that is an impressive escalation in the price. Cigarettes are also subject to a minimum excise tax, which sets a minimum amount of duty collected on a pack of cigarettes, discouraging manufacturers from selling cheap cigarettes by reducing the profitability of cigarettes sold at or below the minimum excise tax trigger price. The new minimum excise tax is £8.46 for a pack of 20, and applies to a pack of 20 cigarettes sold at or below £12.86.

We are going still further on tobacco tax. As announced in spring Budget 2024, there will also be an additional one-off increase for all tobacco duties, which will come into force on 1 October 2026, when the vaping duty comes into effect. From a financial perspective, that will incentivise people to continue to choose vaping over smoking once the new excise duty on vaping products comes into force. We currently do not believe that a tobacco levy would be an effective way to further protect public health or raise revenue. It would add complexity to the system and impose additional costs, and it would be unlikely to raise the amount of revenue envisaged due to the volatile nature of the tobacco market.

[Bob Blackman]

If I may, my right hon. Friend must have smoked for only a brief period because she certainly does not look old. Most of what she said was about the end customer and the cost to the end customer. Every time the Government raise tobacco duty, that makes the price for the end customer more expensive. What we are talking about is a levy on the profits of the big tobacco companies, which they would not be allowed to pass on to the end customer by increasing the price. That reduces their profit and potential to inflict more damage on the health of the country—that is what we are looking at. It is estimated that £700 million could be raised through such a levy. Of course, that would be only a dent in their profits, frankly, but it could be directed towards public health measures. Surely that is something that my right hon. Friend will want to look at—if not today, because obviously we do not want to add to the complexity of the Bill, then in the future.

[Dame Andrea Leadsom]

I assure my hon. Friend that I am very taken with that proposal—I very much like it—but I make the point to all hon. Members that this is just not the appropriate place for it. As a matter of fact, as he will know, the Treasury can consult on and impose a tobacco levy at any point; it is not necessary to include powers in the Bill. As I have been saying, it would be complicated and would require consultation, and it could take several years to materialise. Our preference for the time being is to continue with high tobacco taxation and excise as the best means and most efficient process to generate finances that can be put back into public services. The Department of Health and Social Care obviously liaises closely with the Treasury on its plans. I have a lot of sympathy for my hon. Friend’s proposal, but I ask him to not press it to a vote on this occasion.

[Bob Blackman]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 3

Notification fees

“The Secretary of State may by regulations vary notification fees for novel tobacco, vaping and other nicotine products in order to include costs of enforcement and testing.”—(Bob Blackman.)

This new clause would enable the Secretary of State to vary the level of notification fees collected by the competent authorities in order that fees may be used to cover the costs of enforcement including product testing.

Brought up, and read the First time.

[Preet Kaur Gill]

The new clause relates to the testing of nicotine products and seeks to allow notification fees to be used for more than just the administration of that scheme but a wider, more comprehensive regulatory process, which we have supported. We have discussed clauses 71 to 74 on modifying the notification scheme to include non-nicotine vapes and extend to other nicotine products. Will those clauses allow for the notification fees regulations, which set fees at £150, to be amended accordingly?

I commend the hon. Member for Harrow East, as ever, for his work. I must remark that I rather regret that we have scheduled a debate on funding a notification scheme to test products before agreeing on the merits of such a reformed scheme itself. I look forward to coming to that in detail with two of my new clauses shortly, but I note that I do not necessarily agree with the Member that it should be a Medicines and Healthcare products Regulatory Agency competence to conduct enforcement. My issue with this process has been how products are getting on to the market in the first place. I would not want to disrupt or diffuse responsibilities for cracking down on the very real issue of the widespread market in illicit vapes. I think that that should still primarily be a matter for trading standards on the ground. None the less, I commend the Member for tabling the new clause, and I hope that he will support our proposals on testing.

[Dame Andrea Leadsom]

I am grateful to my hon. Friend the Member for Harrow East for bringing this discussion before the Committee. He has given the Bill a great deal of thought, and I am so grateful to him for that. His new clause seeks to change the level of fees for novel tobacco, vaping and other nicotine products, so that they can be used to pay for enforcement and testing costs as well. I support the ambition of the new clause but, as he will know, we already have the ability to test products and to take decisive enforcement action where and when illegality occurs. The notification system, as he will know, is not an enforcement tool and cannot currently be used as such. It is the responsibility of trading standards to ensure compliance of vaping products and to remove non-compliant—that is, illicit—vapes from the market.

To help to tackle illicit vapes, we announced new funding last year to set up an illicit vaping enforcement unit to gather intelligence and conduct market surveillance. This programme of work, led by National Trading Standards, is helping to stamp out criminal activity and disrupt illicit supply, and we have been testing products as part of it. As colleagues are aware, we also recently announced £30 million of new funding per year for enforcement agencies. This will crack down on illicit tobacco and under-age tobacco and vape sales to support the regulations put forward in the Bill. For those reasons, I hope that my hon. Friend will not push the new clause to a vote.

[Bob Blackman]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 7

Retail licence for sale of tobacco, vaping and nicotine products

“(1) The Health Act 2006 is amended as follows.

(2) After section 13 (Power to amend age for sale of tobacco etc.) insert—

“13A Retail licence for sale of tobacco, vaping and nicotine products

The Secretary of State may by regulations introduce a scheme in England to require a person to obtain a licence before selling tobacco, e-cigarettes, novel nicotine products and related goods.””—(Bob Blackman.)

This new clause would enable the Secretary of State to introduce by regulation schemes to require the licensing of sale of tobacco, vaping or nicotine products.

Brought up, and read the First time.

--- Later in debate ---

[Preet Kaur Gill]

I do not have much to add, but note that when the Bill was introduced some in the tobacco industry lobbied MPs to include a licensing scheme for vapes only. It would be an egregious situation if we were to take a stronger stance on vapes than on tobacco, which is the real killer. I suspect they hoped for the inclusion of something like that primarily because it would slow the Bill down. I thank the hon. Member for Harrow East for tabling a more balanced new clause, which would introduce licensing schemes for tobacco products as well as for nicotine products and vapes.

I have some questions for the Minister. Will she set out why the Government have not opted to set up a licensing scheme for tobacco and vapes? We have a licensing scheme for alcohol in England and Wales, but the Government have never sought to extend it to tobacco, although it would help us to identify shops that sell the products and streamline our enforcement efforts. I appreciate that many of sanctions related to licensing that are often cited, such as the power to take a licence away, are perhaps a less strong argument in relation to this Bill, because we have restricted premises and restricted sales orders, but I am interested in the Minister’s views.

On illicit products, the Government have introduced a track and trace system for tobacco, which is a useful component in monitoring the flow and patterns in the trade in tobacco products around the country. Given the improved provisions for product IDs, which will come into effect for products entering the country when the new vaping excise duty is introduced, we remarked in Committee that this could be an opportunity to look at setting up something similar for nicotine and vaping products.

I fully appreciate the concern of the hon. Member for Harrow East that enforcement will be crucial to the Bill’s success, but my view is that our priority must be to make a success of the enforcement regime that the Bill introduces before considering the case for further regulation. There probably will be a case for further regulation in future.

[Dame Andrea Leadsom]

I am grateful to my hon. Friend the Member for Harrow East, and to the hon. Member for York Central, who proposed a similar licensing scheme; other amendments that have not been debated also proposed the creation of a licensing scheme.

I was frank this morning, and I will be again: the proposal sounds like a licence for those with licences to squeeze out those who cannot get licences and therefore to build more market share for themselves, enabling them to funnel their energy into getting more children addicted to nicotine. That is my personal view. We can debate whether that is the likely result, but it seems extraordinary that the vaping industry should be so in favour of licensing when, on the face of it, it is so clearly against its interests. I find its backing of it quite cynical.

From a practical point of view, His Majesty’s Revenue and Customs already operates a track and trace system for tobacco products, which tracks their movement from supply through to sale. Every business involved in the supply of cigarettes and hand-rolling tobacco must be registered on the tobacco track and trace system, and HMRC can penalise businesses for non-compliance, including by removing their ability to legally buy or sell tobacco products, in the most serious of cases.

As Members will recall, in oral evidence the Chartered Trading Standards Institute told the Committee that HMRC’s track and trace scheme gives many of the same benefits as it would want from a licensing scheme. The Government also plan to introduce a new excise duty on vaping products. HMRC is currently consulting on the new vaping duty, and that consultation has a question about whether to introduce a track and trace system for vaping products to regulate the supply chain. That consultation will close on 29 May, and I feel it would be inappropriate to bring forward a licensing scheme for vapes when the ability to track these products from supply to sale is currently under consideration.

--- Later in debate ---

[Nickie Aiken (Cities of London and Westminster) (Con)]

I fully support what the hon. Member for East Renfrewshire says about sports marketing and vape companies. I pay tribute to my hon. Friend the Member for Sleaford and North Hykeham for the work that she has been doing in this policy area, and I fully support what my hon. Friend the Member for Harrow East just suggested.

With this Bill, we have perhaps a once-in-a-lifetime opportunity to send a clear message to the tobacco companies. More importantly, we can say to young people, our children and parents generally, “Do not take up vaping.” Vaping has always been meant to be about stopping smoking, but sadly it has become a stand-alone product. I was shocked when I walked through my neighbourhood of Pimlico last week and saw that we now have a huge stand-alone vape shop that sells only vapes.

The new clause seeks to do the right thing, but it does not go far enough, so I ask the Minister whether we can step back, before Report, to understand what the Government can do to send a clear message about all advertising, marketing and sponsorship across the whole nation, whether it is TV or radio advertising or any form of sports sponsorship. We have to treat vapes as we treat tobacco.

[Dame Andrea Leadsom]

I thank all hon. Members for this discussion. I have to say that I agree with them. It is extraordinary that vapes are advertised and promoted in places that are seen by children. I pay tribute to the hon. Member for East Renfrewshire for her determination on this matter. She and I were discussing earlier the fact that we both know teenagers who tell us that in many cases it is not one in five vaping but more like four in five. I think that will resonate with a number of hon. Members, so we have to do everything we can.

I also pay tribute to my hon. Friend the Member for Sleaford and North Hykeham, who I believe is the only paediatrician in the House. She has done so much to seek to improve all health issues for children, but she is particularly passionate about this area. She is away on a trip with the Health and Social Care Committee, quite rightly, but I regret that she cannot be here to debate this issue. I know that she would have strong views; I have heard her speak powerfully about the need to clamp down on advertising and sponsorship.

--- Later in debate ---

[Kirsten Oswald]

I am grateful to the Minister for what she said. I am not unsympathetic to how she has set out her logic, but I would be more comfortable if there was something more than a commitment to explore formal steps to impose further restrictions. What does that mean? I do not know whether the Minister is able to tell me or whether it is in order for me to ask. I want it banned. [Hon. Members: “We all do.”] I want it banned in the field of sports, and I am open to it being banned in all the other fields that have been mentioned. Committing to explore formal steps to further restrict it seems slightly less than certain to me. Is the Minister able to give me a little more certainty? I would be happy to withdraw the new clause if I were certain that it was going to be contained in a Government amendment, for instance. I just want to make sure that the issue is dealt with once and for all.

[Dame Andrea Leadsom]

I would like to give the hon. Lady the reassurance that I will be coming forward with proposals from the Government to address the issues that have been raised.

[Kirsten Oswald]

On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 11

Testing of samples of nicotine-containing e-cigarette products

“(1) Regulation 36 of the Tobacco and Related Products Regulations 2016 is amended as follows.

(2) At end insert—

‘(12) The Secretary of State may—

(a) approve and monitor one or more laboratories (“approved laboratories”) which must not be owned or controlled directly or indirectly by the tobacco or e-cigarette industry; and

(b) arrange for an approved laboratory to verify the product requirements referred to in this regulation.

(13) For the purposes of enabling the Secretary of State to perform functions under paragraph (11)(b), a person who produces e-cigarettes or nicotine-containing liquids, or manufactures e-cigarettes or nicotine-containing liquids for export must provide to the Secretary of State (or to such person as the Secretary of State may specify) such samples, at such times and intervals and from such sources, as the Secretary of State may reasonably require.’

(3) The Secretary of State may by regulations make provision that is consequential on this section.”—(Preet Kaur Gill.)

This new clause enables the Secretary of State to approve laboratories for the purpose of testing product requirements of nicotine-containing vaping products set by the Tobacco and Related Products Regulations 2016 and to require manufacturers to provide samples for testing.

Brought up, and read the First time.

--- Later in debate ---

[Preet Kaur Gill]

I rise to speak to new clauses 11 and 13 on the testing of nicotine-containing vape products. Earlier we debated clause 73, which will allow Ministers to create new exceptions to publication as part of the notification scheme. We of course welcome those new powers, which represent a concession on the Minister’s part. However, the current notification process, which is what products must go through to get on to the UK market, is not as robust as it should be for nicotine-containing vapes.

As we have said, youth vaping is a serious growing issue. In 2021, Labour voted for an amendment to the Health and Care Bill to crack down on the marketing of vapes to children. Since then, according to the most recent survey by ASH, the number of children aged 11 to 17 who are vaping regularly has more than trebled to more than 140,000 British children. Meanwhile, one in five children have now tried vaping.

This issue is not only a concern in itself, but there is the issue of whether all these products are safe and whether they are what they say they are. I have raised serious concerns, for example, about the fact that children are puffing on 0% vapes that actually do contain nicotine, which gets them accidentally addicted. This is something that we discussed at the evidence session and that goes to a fundamental question about the MHRA’s role in the regulation of vapes. Is the MHRA really only the administrator of the notification scheme, or should it have a clearer responsibility to regulate and to take responsibility for the safety of vaping products?

Clause 73 indicates that the Minister agrees that it should. This is something one would expect the MHRA to take an interest in. Vapes are a product with clear consequences for the health of the population. There are risks, and some of the long-term health consequences of sustained vape use are not properly understood, but the Government’s policy is effectively to recommend this product as a stop-smoking aid. The Government, therefore, have a responsibility to be able to say with confidence that the products they legally allow on to the market are what they say they are and are safer than smoking.

We heard evidence from Dr Squire, the chief healthcare quality and access officer at the MHRA. It was an interesting discussion but, when it came to the notification process, what I took away was the fact that she could not say, “This is an absolutely robust system that keeps everybody safe,” and, “That is why the Bill is important.” I supported clause 73 to provide exceptions to publication, which would allow policies to be set where the MHRA would refuse to publish the notification for products that would make them available for legal sale. My concern, however, is about what is missing from the legislation to give the MHRA the information it needs to say confidently whether a product is actually safe.

I want to be clear in case the Minister raises it: new clause 11 is not about undermining the enforcement role of trading standards teams. After a product gets to the market, trading standards proactively ensure that potentially dangerous products are not stocked on shelves, and we have the yellow card scheme for customers to report an adverse reaction to a vaping product. Who is monitoring the long-term risks of these products? I doubt they would be caught by either trading standards or the yellow card scheme, but that is another question.

In relation to new clause 11, however, what I am talking about is the screening of products before they get to the UK market to enable the MHRA to have the information it needs to refuse a notification publication, even if the company has, on paper, met the requirements. I appreciate that the exceptions in clause 73 are not yet defined, but the MRHA does not have the powers to gather the information it needs in the first place in order to make those exceptions. As Dr Squire admitted herself, there are cases right now of products getting on to the market that do not match the product registered through the notification scheme. Those products could have tank sizes that are too large; they could include dangerous chemicals or include dangerously high nicotine strengths.

Our fundamental concern is that these products are now extremely popular with children. That is why I contend that the MHRA should have additional powers to test a proportion of products to ensure that they comply with their notifications. I think any outside observer would contend that that is common sense. The Secretary of State has testing powers for tobacco products, so why not for vapes? Will the Minister therefore support my new clauses, which seek to address that through this Bill? This is not just about the market as we know it today; this is about safeguarding the future of vapes to ensure that consumers can have confidence in those products and that we, as legislators, can have confidence in the products that we are recommending as stop-smoking aids. That is why I commend new clause 11 to the Committee.

Finally, new clause 13 would require the Secretary of State to report on some of the new powers on testing that I have just described, as well as on another power that the MHRA does not have at present, which is to remove notifications from publication. Currently, this power rests with the Secretary of State in the Tobacco and Related Products Regulations 2016 to recall a product if it is deemed to pose a serious risk to human health. This is a high bar. It is my concern that in practice the emergence of such risk can be a slow process.

I have told the Minister before how the limitations of this power were made clear the other year when Elf Bar, which is perhaps the market leader in this space, was found to be selling vapes with tank sizes that were larger than allowed. The responsibility to remove those products from the market actually lies with the producer—quite rightly—but this issue is about the recourse that the Government have when a threat is urgent and a company does not comply.

New clause 13 would also examine the case for a duty to be applied to trading standards that would be similar to the duty on councils in Northern Ireland to share intelligence on non-compliant and illicit products, so that we can better join up the enforcement response at the national level. Once again, I urge Members to support these new clauses and I commend them to the Committee.

[Dame Andrea Leadsom]

I am grateful to the hon. Lady for bringing these issues before the Committee. These new clauses seek to give more powers to the MHRA to introduce a testing regime for vaping and nicotine products, and to ensure that the laboratories conducting the testing are independent of the tobacco industry. They also aim to give the MHRA powers to remove notifications and thus prohibit the sale of products if they are found to be non-compliant.

New clause 13 would require the Secretary of State to produce and lay before Parliament a report to consider whether the MHRA should be given new powers to request and test samples, and to remove vaping and nicotine products from the list of notified products. The report would also have to examine the case for a requirement for local trading standards authorities to notify the MHRA of any instances where vaping or nicotine products are being sold that have not been notified or are non-compliant.

I am very sympathetic to the aims of these new clauses, but the current notification system is not an enforcement tool and should not be viewed as such. It is the responsibility of trading standards to ensure compliance of vaping products and to remove non-compliant—that is, illicit —vapes from the market and stop their sale. It is also the responsibility of trading standards to test a product if they believe that it contains illegal substances or too much nicotine. The MHRA supports this work by providing intelligence from the notification system.

New clause 11 would facilitate the previous new clause by giving powers to the Secretary of State to approve, as part of the testing regime, certain laboratories that are not in any way funded or controlled either by the vaping industry or the tobacco industry.

The Secretary of State can already commission independent laboratories to undertake the testing of vapes, in order to check and confirm that they meet our regulatory standards as set out in the Tobacco and Related Products Regulations 2016. We can also produce relevant guidance to support this work, so the new clause really is not needed. Trading standards, supported by the MHRA, work with local scientific services that are independent of the tobacco and vaping industry in order to test vapes and to take action where non-compliance is found. These testing facilities support our enforcement programmes.

In fact, last year the Prime Minister visited an independent lab in Kent that checks for specific ingredients and harmful substances. The Prime Minister, who was accompanied by the chief medical officer, Sir Chris Whitty, described the laboratory as “a centre of excellence” and said that it was at the frontline of testing, providing vital information in the campaign to tackle illegal vaping.

In summary, although I completely understand and support the aims of each of these new clauses to ensure that products are rigorously tested, adhere to our regulations and do not pose additional risk or harm, we can already test products, and indeed do, using quality-assured laboratories for this work. In addition, there are tough penalties in place for those who break our rules, including unlimited fines and prison sentences. As hon. Members know, we have also provided new funding and support to help local trading standards to enhance their enforcement capacity and to test products. For those reasons, I ask the hon. Lady not to press her new clauses to a vote.

--- Later in debate ---

[Preet Kaur Gill]

Most public places are already smoke free on a voluntary basis. We do not believe it is necessary or proportionate to make such a legal requirement, which would risk increasing the widespread misperception that vaping is as harmful as smoking. In the United Kingdom, vaping is already prohibited on a voluntary basis in most, if not all, places visited by children; public transport—trains, airports, planes, buses, coaches and ferries—most, if not all, sports stadiums; music venues; many hospitals or hospital grounds; restaurants and cafes, at least definitely those used widely by children; and a lot of pubs and bars. As was discussed in last week’s evidence sessions, the health harms underpinning the smoking ban are not proven for vaping, and such an approach would be hard to justify on health grounds. This would be a complicated piece of legislation to introduce, and now is not the time at which, and the Bill is not the place in which, to do so.

[Dame Andrea Leadsom]

I am grateful to my hon. Friend the Member for Copeland for moving the new clause tabled by our hon. Friend the Member for Sleaford and North Hykeham. I think all hon. Members are keen to see much more evidence on this issue, and I absolutely share that concern. I have urgently commissioned research into the impact of vaping on both the vaper and those second-hand breathers-in. As we all heard during the public evidence sessions, and as my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow set out, we do not have the evidence. We therefore need to provide evidence-based regulation as a matter of urgency, and I absolutely assure hon. Members that that will be forthcoming.

It is certainly the case that the ban on smoking in indoor spaces has been a great public health success story since its introduction in England in 2007 and across the UK from 2006. There is no doubt that the ban has protected many adults and so many children from the harms of passive smoking; it will have saved lives.

We know that vaping is less harmful than smoking, and indeed is a very effective quit aid for adult smokers. Although I have grave concerns about whether we err too far on the side of saying “Vaping is much better than smoking,” and are therefore inadvertently saying to young people that it is fine to vape, which of course it is not, that is why we also always say, “If you don’t smoke, don’t vape, and children should never vape.”

Although smoking in a public place may be seen as a nuisance by some, and there is some evidence that it can trigger asthma attacks, in the same way that pollution or car exhaust fumes can, there is very limited evidence of the potential harms of vaping in enclosed spaces, and simply none to suggest that it is at all similar to tobacco smoking. Vapes emit vapour, not harmful tobacco smoke. Vaping does not burn tobacco or produce tar and carbon monoxide—two of the most harmful elements in tobacco smoke. Evidence of the harm from exposure to second-hand tobacco smoke is well established, and because of its carcinogenic content, there is no safe level of exposure. It is totally incomparable to vaping, where there is very little evidence to suggest that second-hand vapour is anything more than an irritant. I repeat: that is not to say that vaping is good for anyone or a good thing to try. It absolutely is not. We know it is extremely harmful to children, whose lungs and brains are still developing.

In addition, many businesses, venues and spaces have already introduced their own bans on the use of vapes where smoking is prohibited, such as on public transport, on work premises and in many restaurants and bars. In 2016, Public Health England produced guidance regarding the use of vapes in public places and workplaces, which has helped businesses to make informed decisions on their vape-free policies, but given the lack of evidence of any harm from second-hand vapour and the way that the majority of businesses, restaurants and bars self-regulate and have vape-free policies in place, as well as the fact that vaping in enclosed spaces was not raised in our call for evidence as a major issue to address youth vaping, we just do not feel that the new clause is necessary at this time.

We will of course keep this under review and continue to monitor the evidence base. As I said, I have urgently commissioned proper research into the effects in the short, medium and long terms, and I hope to make further announcements on exactly what I am doing during the Bill’s passage.

[Angela Richardson (Guildford) (Con)]

Sometimes I think that when people listening to this debate hear the words “no evidence” or “lack of evidence”, they assume that that means there is nothing at all wrong with vaping. Will my right hon. Friend make it clear to anyone listening that there is a difference between not having done sufficient studies to gain the evidence and having no evidence of any harm?

[Dame Andrea Leadsom]

Yes, I am very happy to do that. My hon. Friend is exactly right: saying that we do not have the evidence right now is not the same as saying that vaping is not harmful. As I said, the chief medical officer has said that although we can be fine consuming strawberry sherbet ice cream in our tummies, it may not be so good to inhale it. We simply do not know what the truth is. We do believe that carcinogens may be innate in some flavours, and we know that vape products can contain heavy metals in the coils. We know that there can be significant harms from vaping, especially to children. I am happy to state once again, “If you don’t smoke, don’t vape, and children should never vape.”

With those remarks, I hope that my hon. Friend the Member for Copeland will not press the new clause to a vote.

[Trudy Harrison]

There could be no better Minister to convince me of her concern for babies, children and young people. On that basis, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

[The Chair]

I am flying a bit free here, but new clauses 16, 19, 20 and 22, all tabled by the hon. Member for Sleaford and North Hykeham, may have been caught by the Minister’s commitment to look deeply into the advertising issue and might therefore not be moved. However, I want to give Members the opportunity to do so if they wish.

It appears that the Minister’s reassurance has convinced the Committee.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Dame Andrea Leadsom]

I rise to thank all Members, on both sides, for their time, their focus, and their really well thought through and considered contributions in this Committee. The scrutiny has been carried out in the best traditions of this place, aiming to achieve something that this Parliament can be proud of.

I also thank you, Sir Gary, for your excellent chairmanship—[Hon. Members: “Hear, hear!”]—and all the other Chairs who have taken us through this life-changing Bill, as well as the officials and civil servants who have supported us, and the Bill team, who did extremely well in putting this together. Finally, I thank the Clerks, who always brilliantly support everything that goes on in this place.

[Preet Kaur Gill]

I echo the Minister’s thanks. This Bill implements a flagship public health policy, and all of us are privileged to have taken part in the passage of this world-leading legislation. It is really important that we have heard so many powerful testimonies about the health impacts of smoking, but parents are also worried about the increase in youth vaping, so the fact that we are to ban the marketing and sale of vapes to children will be welcomed by many people across the country.

I put on record my thanks to you, Sir Gary, for brilliantly chairing our sittings, and to the Minister, who has been very gracious in her responses. I thank colleagues on both sides of the Committee; it has been brilliant to work with them all and to reach a degree of consensus, although I have no doubt there will be many more things to discuss on Report. I also thank the Clerks and everyone on the Bill team. It has been a privilege.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Tobacco and Vapes Bill (Seventh sitting)

Andrea Leadsom Excerpts

Committee stage
Tuesday 14th May 2024 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Schedules 2 to 4.

Clauses 29 to 32 stand part.

Clause 79 stand part.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

It is a pleasure to serve under your chairmanship today, Sir Gary.

Clause 28 refers to the consequential amendments to do with part 1. The clause states which schedule contains which consequential amendments applicable to England and Wales. Consequential amendments revise existing legislation to ensure the law works effectively following the introduction of the Bill. This is a standard, supplementary clause that ensures the measures in part 1 of the Bill for England and Wales function as intended.

Consequential amendments that come into force two months after the Bill is passed are included in schedule 2, which amends several pieces of legislation including the Children and Young Persons Act 1933, the Children and Young Persons (Protection from Tobacco) Act 1991, the Health Act 2006, the Criminal Justice and Immigration Act 2008, the Regulatory Enforcement and Sanctions Act 2008, the Children and Families Act 2014 and the Public Health (Wales) Act 2017.

Consequential amendments that come into force six months after the Bill is passed are included in schedule 3, which amends the Regulatory Enforcement and Sanctions Act 2008 and the Children and Families Act 2014.

Consequential amendments that come into force on 1 January 2027 are included in schedule 4, which amends several pieces of legislation including the Children and Young Persons Act 1933, the Protection of Children (Tobacco) Act 1986, Children and Young Persons (Protection from Tobacco) Act 1991, the Police Reform Act 2002, the Courts Act 2003, the Regulatory Enforcement and Sanctions Act 2008, the Health Act 2009, the Tobacco and Primary Medical Services (Scotland) Act 2010, the Police Reform and Social Responsibility Act 2011 and the Children and Families Act 2014.

Schedules 2, 3 and 4 help the Bill to function effectively within the existing legislative framework and ensure that measures in the existing legislation work as intended following the Bill’s introduction.

Clause 29 provides the Secretary of State with a power to make regulations that are consequential on part 1 of the Bill. Those regulations may amend, repeal or revoke any legislation passed before the Bill or later in the same Session of Parliament as the Bill or an Act or Measure of Senedd Cymru passed before this Bill. Regulations may amend primary legislation as well as secondary legislation.

During the development of the Bill, every effort has been made to identify and make provision for any required amendments to primary legislation. However, as the Bill brings together legislation made over the last century there is a small likelihood that further consequential amendments may be required to enable the Bill to function effectively. It is therefore prudent that the Government should have the power to make such changes via secondary legislation. Any regulations amending primary legislation will be subject to the affirmative procedure in line with guidance from the Delegated Powers and Regulatory Reform Committee.

I now move on to transitional and transitory provisions to do with part 1, which are relevant to England and Wales. Clause 30 provides that the programme of enforcement under clauses 20 and 21 should apply to existing tobacco and vape restrictions in the period before the new tobacco and vape measures come into force. That ensures that the programme of enforcement in the Bill continues to apply to offences despite different provisions coming into effect at different dates. In practice, that means that in the six months following Royal Assent, the programme of enforcement applies to the current restrictions on the sale of nicotine products to under-18s.

In the period following Royal Assent, before 1 January 2027, the programme of enforcement applies to the current age of sale restrictions for tobacco, breaches of the sale of unpackaged cigarettes and breaches of the requirements for age of sale notices. Trading standards is currently obliged to consider its programme of enforcement each year, and this clause replaces that obligation. The clause is important to the functioning of the Bill, as it will ensure that effective enforcement regimes are in place for the time between Royal Assent and the commencement of provisions in the Bill.

Clause 31 provides that the fixed penalty notice regime in the Bill should apply to breaches of existing tobacco and vape age of sale restrictions in the period before the new tobacco and vape age of sale restrictions come into force. That will ensure that trading standards has additional tools available to take swift and proportionate enforcement action on under-age sales without delay. Some enforcement provisions in the Bill come into force before the offences that they relate to, and clause 32 therefore provides general transitional provisions so that enforcement is aligned with the coming into force dates of different measures.

Finally, I come to the commencement of the Bill. Clause 79 provides the commencement dates for different clauses and parts of the Bill across the United Kingdom. The clause helps the measures in the Bill to function effectively. I commend clause 28, schedules 2, 3 and 4 and clauses 29, 30, 31, 32 and 79 to the Committee.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

Clauses 28 to 32 deal with transitional arrangements after the Bill is passed and before some of its new regulations come into effect to make consequential amendments to previous Acts of Parliament that will be replaced by the new measures in this Bill. I have looked through the schedules and consequential amendments, and I am satisfied that they tie in with the measures in the Bill that we have discussed.

However, I will raise a few concerns, as the schedules relate to the commencement of various clauses of the Bill. For example, the loophole in existing legislation on the free distribution of vapes to under-18s that we discussed should be closed urgently, yet the Government have specified that that should commence only within six months of the Bill’s being passed. Can the Minister explain why she is not taking swifter action? It has already been two and a half years since we proposed changes to the law on this and that the Government take that up. Who is the Minister worried about inconveniencing by introducing the regulations quickly, apart from those who would seek to addict children to vapes? I fail to see what legitimate business could risk being disrupted by going faster here, given that clause 9 specifies that it applies

“in the course of business”,

so it would not necessarily impact the use of vapes as nicotine replacement therapies.

There is also a general point to make about timing. If we soon have a general election, the short campaign will rob us of six weeks of the normal course of business and many of the provisions in the Bill, including the consequential amendments on previous Acts of Parliament, will take effect within two months of the Bill’s passing. No doubt the civil service will ably do its job for the most part in preparing relevant authorities and retailers for the commencement of some of the new powers, but what can the Minister do to reassure me that a plan is already in place for the programme of work that needs to happen so that the transition is as smooth as possible?

Clauses 30 and 31 make it clear that local trading standards may conduct programmes of enforcement and issue fixed penalty notices for the breach of existing tobacco age of sale legislation until the new progressive rise in the age of sale comes into effect in 2027. I see nothing to argue with here, and likewise I have no issue with the transitional provisions detailed in clause 32.

[Dame Andrea Leadsom]

Let me respond to the point about the delay in coming into force. We seek to provide the right balance between giving retailers sufficient time to implement the measures and bringing the Bill into force as quickly as possible.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Schedules 2 to 4 agreed to.

Clauses 29 to 32 ordered to stand part of the Bill.

Clause 33

Crown application

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause provides that part 1 of the Bill and any regulations made under powers in part 1 bind the Crown. The effect of this is that the new age of sale restrictions for tobacco and vaping products for England and Wales apply to all bodies and persons acting as servants of the Crown. That includes Government Departments, prisons run by His Majesty’s prison service and members of the armed forces. The Crown itself may not be prosecuted for an offence under this part, but that is not the case for persons in the service of the Crown, such as civil servants or prison employees. This is a standard and supplementary clause. I commend it to the Committee.

[Preet Kaur Gill]

I have no detailed comments to make on this clause and we are happy to give it our support.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Interpretation of Part 1

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to debate clauses 35 and 36 stand part.

[Dame Andrea Leadsom]

Clauses 34 and 35 set out the definitions of tobacco, vaping and nicotine products for interpretation within the Bill. Clause 36 substitutes the definition of “tobacco product” in the Tobacco Advertising and Promotion Act 2002.

Clause 34 sets out definitions for the purpose of interpreting part 1 of the Bill. A tobacco product is defined as

“a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way.”

All tobacco products are harmful for health, so this revised definition will ensure that all future novel tobacco products are captured by the legislation.

Another significant definition is “vaping product”, which means either a vape—a device—or a vaping substance, which means

“a substance, other than tobacco, that is intended to be vaporised by a vape”.

A vaping product is one that contains nicotine as well as one that does not.

Clause 35 provides a definition of “nicotine product”, used throughout part 1 of the Bill. The definition used is to capture other consumer nicotine delivery devices and products, such as nicotine pouches, that are not currently regulated but whose use has increased among young people. This definition is important to ensure that we capture the right types of products that might be targeted at or used by children in the future through any secondary legislation that the Government introduce to protect children from future harm and addiction.

Clause 36 substitutes the definition of “tobacco product” in the Tobacco Advertising and Promotion Act 2002. This ensures that all future novel tobacco products are captured by the advertising and display bans under the Tobacco and Advertising Promotion Act. I commend clauses 34, 35 and 36 to the Committee.

[Preet Kaur Gill]

This is, of course, an extremely important part of the Bill, as it defines many of the terms used in it. We know how adept the industry has become at worming its way around the spirit of regulations that Parliament has debated and agreed in the past. The ban on menthol cigarettes is one example. The clause sets out a series of definitions of what is covered by various terms that we have been using, such as “herbal smoking products”, “retail packaging” and “cigarette papers”. It is very important.

We know, and I think we should expect, that the industry will innovate in response to this legislation, and not necessarily in helpful ways. We must ensure that the wording of the definitions we use is specific enough not to have unintended consequences, but broad enough that we do not allow industry to get around them.

I appreciate that this is all tricky, but I have a few quick comments. I mentioned when we debated clause 11 that there is no definition of “retailer” in the Bill, and my concern related to vending machines. Can the Minister please provide clarity on which powers granted under this Bill enable Government to regulate vending machines for vapes and other nicotine products, if that was deemed necessary? If she cannot answer now, can she please write to me on that?

I also want to raise the issue of accessories. I mentioned the ban on menthol cigarettes introduced in 2020, which was no doubt a cautionary tale for us in ensuring that we give careful thought to designing regulations on flavoured vapes. A study published in the journal Tobacco Control, and part-funded by Cancer Research UK, surveyed 66,000 adults in England, Wales and Scotland from October 2020—five months after the menthol ban was introduced—to March 2023. It found that the number of adult smokers who reported using menthol-flavoured cigarettes at the start of the study period stayed stable at 14%, compared with 16% two and half years earlier. That may simply indicate the size of the illicit market, but the survey also found that only 15% of those who smoked menthol-flavoured cigarettes reported buying from illicit sources, such as under the counter: a proportion similar to those who smoked non-flavoured cigarettes. That instead suggests that the tobacco industry has quite adept legal loopholes to circumvent the ban.

Researchers think that that indicated that people are using legal accessories, including menthol-flavoured drops, filter balls or cards, or that they are purchasing cigarettes perceived to contain menthol flavouring without it being labelled as such. We will come back to the issue of defining flavours and those specific loopholes in other clauses, but I want to ask here about accessories such as drops, flavour cards and so on. I have looked up those products online and they are blatantly marketed for use with cigarettes—we can buy 25 packs of “rizla menthol extreme infusion flavour cards” for £9 on Amazon.

What lessons have the Government learned from that? They were meant to publish a review of the legislation in 2021, but as far as I am aware, they did not. Have the Government looked at an expanded definition of tobacco products that would include accessories? If it is appropriate to look at something more narrow and targeted in its scope, would the Minister consider specifically looking at clause 59 on the flavour of tobacco products? Expanding the regulation-making powers to include tobacco-related products and accessories would enable regulations to be designed to capture menthol flavourings and all its derivatives and analogues, including add-on accessories to cigarettes to mask the taste of tobacco. I appreciate that the Minister has until now said that we should not let perfect be the enemy of good, but that is quite a crucial issue.

First, as I mentioned, the Government already promised to review that a few years ago, so I hope that they have a considered response to those questions either way. Secondly, the same principles apply to the flavours of vapes. With the disposable bans, consumers are effectively being encouraged to assemble their devices themselves to reduce waste. If we do not think carefully about the issue of accessories, I am concerned that we will see similar workarounds in that market too, which will undermine the efficacy of the legislation. If the Minister does not have the information to hand, could she please write to me on that?

Clause 35 provides a definition of “nicotine product” that, as we have heard, captures things that are not vapes or tobacco products, and could include things such as nicotine pouches. In the national conversation about vapes, we could easily see how more unscrupulous companies that have been marketing to children would look to pivot to other products if we do not capture them with this Bill and the regulations that it allows for.

I reiterate my earlier question to ensure that the Minister takes it away. Given the inclusion of that definition of “nicotine product” in the Bill, where does she see it necessary for the Government to introduce further regulation of those products—for example, whether they should be included in a notification process or something similar? We of course support those powers and I think the Committee agree on that, but I am keen to understand how advanced her and the Government’s thinking is on this.

Finally, clause 36 amends the Tobacco Advertising and Promotion Act 2002, which was brought in under the Labour Government. That seems eminently sensible and I support it. While we are on the subject, the Minister mentioned in the first line-by-line debate that she has recently written to the Advertising Standards Authority about its work and the trends it is seeing. I would be very interested in seeing its response and I would be grateful if the Minister could share that with me too.

--- Later in debate ---

[Dame Andrea Leadsom]

As all hon. Members know, the whole point of the Bill—its definitions and secondary legislation—is to enable us to stay ahead of the horrendous trade of trying to get children addicted so that they can then be captivated, and the novel ways in which big tobacco and the vaping industry are trying to capture people while they are still too young to understand the long-term harms. That is what lies behind the Bill, so hon. Members do not need to be concerned that we are missing the opportunity to stay ahead of that game.

I wrote to all Committee members last night, and there are copies of the letter in the room, with some of the answers to the questions of the hon. Member for Birmingham, Edgbaston about vape vending machines. I will look at whether there is more that I can say about how we will stay ahead of novel ideas such as vaping solutions and products, but I think all those questions have been answered in the Bill.

Question put and agreed to.  

Clause 34 accordingly ordered to stand part of the Bill.

Clauses 35 to 38 ordered to stand part of the Bill.

Clause 39

Repeal of offence of purchasing tobacco products by under 18s

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 40 stand part.

[Dame Andrea Leadsom]

Clause 39 repeals the offence for someone under the age of 18 in Scotland to buy or attempt to buy a tobacco product or cigarette paper. Clause 40 repeals the power for constables in Scotland to confiscate a tobacco product or cigarette paper from someone in a public place who they suspect is under 18. These provisions were originally made in the Tobacco and Primary Medical Services (Scotland) Act 2010.

The clauses ensure that legislation in Scotland is in line with that in England and Wales and mean that it will no longer be an offence for someone under the age of 18 to buy or attempt to buy these products, and that police officers will no longer have the power to confiscate these products. With the change to age of sale, it was no longer considered necessary to retain these provisions.

This change will ensure that no one is criminalised for their addiction to nicotine. The Bill also repeals the equivalent powers on confiscation for England and Wales in the Children and Young Persons Act 1933, so we are doing the same for Scotland. I therefore commend these clauses to the Committee.

--- Later in debate ---

[Kirsten Oswald]

As we have heard, part 2 of the Bill relates specifically to Scotland and clauses 39 and 40 repeal particular offences. Clause 39 repeals an offence unique to Scotland—the purchasing of tobacco products by under-18s. That was introduced in 2010 and has been criticised for some time because of the unnecessary criminalisation of young people with a nicotine addiction. The change has been requested by the Scottish Government. Clause 40 repeals the power of the police to confiscate tobacco products from people who they suspect are under 18. Again, the power is unique to Scotland and it is seen as difficult to use. I therefore welcome these clauses as they stand.

It is correct to say that Scotland has been a world leader on a range of tobacco control measures, and there has been a steady reduction in the proportion of people smoking, but we know that far too many lives are still damaged and far too many people are still killed by tobacco. Obviously, we are aware of the huge burden on the NHS and social care services, and we know about the significant health inequalities that underlie much of that. Clauses 39 and 40 are sensible because they allow operations on the ground in Scotland to move forward in a more unified and logical manner. We welcome the new age regime and the greater power for Scottish Ministers to tackle youth smoking and vaping.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clauses 40 to 45 ordered to stand part of the Bill.

Clause 46

Alignment of definitions

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause amends definitions in the Tobacco and Primary Medical Services (Scotland) Act 2010 for tobacco products and nicotine vapour products to align them with the definitions in the Bill. The clause amends the definition of “tobacco product” in Scottish legislation to align it with the definition in the Bill. All tobacco products are harmful to health, so this definition will ensure that any future, novel tobacco products are captured by the legislation. The clause also amends Scotland’s definition of a nicotine vapour product to state that “‘vapour’ includes aerosol”, so that the definition more closely aligns with that of “vape” in the Bill. I therefore commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for that explanation. We support the clause, which broadens the definition of “tobacco product” in Scottish legislation and seeks to align that definition with legislation in the rest of the United Kingdom, and clarifies that the definition of nicotine vapour products specifically includes aerosols.

Above all, we support the principle that there should be clear and consistent definitions of the products that we seek to capture in regulations under the Bill across all four nations of the United Kingdom. I will take this opportunity to mention my query about the definitions that we use to capture tobacco-related products and accessories, particularly products used to augment the flavour of tobacco products, but we are happy to support the clause.

[Kirsten Oswald]

I reiterate the comments about the importance of setting out the definitions here so that there is clarity on the products where that is needed, including on new products that arrive in the market. I support the clause.

Question put and agreed to.

Clause 46 accordingly ordered to stand part of the Bill.

Clause 47

Power to make consequential provision

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

The clause confers a power on Scottish Ministers to make provision that is consequential on part 2 of the Bill. Regulations may amend, repeal or revoke any legislation passed before the Bill or later in the same Session of Parliament as the Bill, as well as any Act of the Scottish Parliament passed before the Bill. Regulations may amend primary legislation as well as secondary legislation.

Although every effort has been made to identify and make provision for any required amendments to primary legislation, the Bill brings together legislation that has been made over the last century, so there is a small likelihood that further consequential amendments may be required to enable the Bill to function effectively. It is therefore appropriate that Scottish Ministers have the power to make such changes to devolved legislation via secondary legislation. Any regulations amending primary legislation will be subject to the affirmative procedure. I therefore commend the clause to the Committee.

[Preet Kaur Gill]

We are happy to support this clause, which gives Scottish Ministers powers to make consequential amendments to this part of the Bill. Scotland has a proud history of leading the way on tobacco control and putting public health before corporate profit. It brought in the indoor smoking ban before the UK-wide one was introduced nearly 20 years ago. This week, we marked 25 years of the Scottish Parliament—a proud legacy of the previous Labour Government—and the principle of pushing power closer to communities so that Scottish solutions can be found to Scottish problems remains as strong as ever.

[Kirsten Oswald]

The clause very much reflects the constructive work underlying many clauses in the Bill. It includes several measures that the Scottish Government pushed for, and gives proper differentiated treatment to the separate Governments across the United Kingdom.

Clause 47 gives Scottish Ministers the broad power by regulations to make provision consequential on part 2 of the Bill—the bit that directly relates to Scotland. That is important, because this issue causes difficulties across the whole UK. If the Bill is passed, the Scottish Government will consider how best to use these powers, with the consent of the Scottish Parliament, to benefit public health, and will look to avoid any unnecessary regulatory divergence. That will be helpful for those who seek to prevent harms. The Scottish Government were the first Government to commit to taking action on single-use vapes, and have now launched a legislative consent memorandum in the Scottish Parliament recommending that the Parliament give its consent to the Bill.

[Dame Andrea Leadsom]

I put on the record my thanks to Scottish Ministers for their collaborative approach to bringing together the Bill. I am extremely grateful to them for ensuring that it is a UK-wide piece of legislation.

Question put and agreed to.

Clause 47 accordingly ordered to stand part of the Bill.

Clauses 48 to 51 ordered to stand part of the Bill.

Clause 52

Power to restrict nicotine products offence to sale by retail

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause will allow the Department of Health in Northern Ireland to make regulations to define “sale” in section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 to mean sale by retail. If the power is used, only sales from a retailer to a customer will be caught by the vape age of sale offence, and business-to-business sales—for example, sales between a wholesaler and a retailer—will not be included. I commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for setting out the Government’s explanation of the clause, which we are happy to support. As she said, it aligns the definition of the sale of nicotine products with the definitions we discussed when we debated clause 34. The caveated phrase “sale by retail” means that business-to-business sales need not be impacted by restrictions on age of sale.

The Minister may have touched on this, but I would be grateful if she can explain why Northern Ireland is only being given powers to close loopholes on the free distribution of nicotine products and the sale of non-nicotine vapes, while the Bill will immediately close those loopholes for England and Wales. I note that a study from last year found that half of under-18s in Belfast who attempt to purchase vapes in shops are successful. As I have explained, such loopholes and regulations undermine an understanding of the law and weaken enforcement by trading standards bodies, which cannot use the Medicines and Healthcare products Regulatory Agency’s notification publication as a definitive guide to which products are legal. Has the Minister received a commitment from Stormont on introducing such regulations? If so, what is the timeline for doing so?

[Dame Andrea Leadsom]

I can explore that further, but the hon. Lady will appreciate that the Stormont Assembly was re-established very late on—in fact, after First Reading if I recall rightly, or at least the decision for the Bill to be UK-wide came after First Reading. At speed, the Bill was amended to incorporate Northern Ireland, and there may well be further amendments relating to Northern Ireland. The hon. Lady makes a good point, and with your leave, Sir Gary, I will write to her.

Question put and agreed to.

Clause 52 accordingly ordered to stand part of the Bill.

Clause 53

Free distribution of vapes and nicotine products

Amendment made: 25, in clause 53, page 26, line 32, leave out from “liable” to end of line 37 and insert

“on summary conviction to a fine not exceeding level 5 on the standard scale.”—(Dame Andrea Leadsom.)

This amendment changes the mode of trial and maximum penalty for an offence of free distribution of nicotine products or non-nicotine vaping products in Northern Ireland. It provides for the mode of trial to be summary only and for the maximum penalty to be a level 5 fine.

Clause 53, as amended, ordered to stand part of the Bill.

Clause 54 ordered to stand part of the Bill.

Clause 55

Consequential amendments to do with sections 51 to 54

--- Later in debate ---

[The Chair]

With this it will be convenient to discuss schedule 5.

[Dame Andrea Leadsom]

Clause 55 refers to schedule 5, which provides consequential amendments to clauses 51 to 54 relating to Northern Ireland. Schedule 5 amends two pieces of Northern Irish legislation—the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 and the Tobacco Retailers Act (Northern Ireland) 2014. Making amendments to existing legislation is required to enable the measures in clauses 51 to 54 to function as intended, and to ensure that the existing legislative regime works effectively. I commend clause 55 and schedule 5 to the Committee.

[Preet Kaur Gill]

I thank the Minister for setting that out. As we have discussed the effect of these amendments, I do not want to dwell on them. For the most part, they align legislation in Northern Ireland to capture tobacco products, nicotine products and vapes in the same way as the rest of the United Kingdom, including age of sale restrictions and the penalties for retailers who break those laws. It also specifically allows non-nicotine vapes to be captured by the same regulatory regime as nicotine vapes in the Tobacco Retailers Act (Northern Ireland) 2014, which we support.

As the Minister did not accept the amendment that I tabled in a recent sitting, I would like to draw her attention to some of the sections that schedule 5 amends. Particularly, section 12 on fixed penalty notices in the 2014 Act has allowed Ministers to introduce fixed penalty notices of £250 for breach of age of sale. In Scotland, that amount is set at £200. As we have discussed, the proposed amount in the Bill is £100 for England and Wales. Has the Minister given any more thought to that issue?

Likewise, the 2014 Act introduced a duty on councils to share information about fixed penalty notices, convictions and restricted premises and sales orders that had been given by officers in their local authority area. No similar duty has been introduced in the Bill, which touches on points I have made previously about the need for joined-up government to stop repeat offenders slipping through the net. In discussions with the devolved nations about the Bill, what efforts has the Minister made to learn from existing tobacco control legislation? Was it a conscious decision to set the fixed penalty notice regime at such a significantly lower level than in Northern Ireland and Scotland? Once again, I am keen to get a clearer sense of her thinking, although we of course welcome the inclusion of clause 5 and schedule 5 in the Bill.

[Dame Andrea Leadsom]

All I will say is that we discussed this matter comprehensively last week and I am sure we will discuss it again.

Question put and agreed to.

Clause 55 accordingly ordered to stand part of the Bill.

Schedule 5 agreed to.

Clause 56 ordered to stand part of the Bill.

Clause 57

Power to make consequential provision

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

Clause 57 confers a power on the Department of Health in Northern Ireland to make provisions that are consequential on part 3 of the Bill. Such regulations may amend, repeal or revoke any legislation passed before or later in the same session of Parliament as this Bill. Regulations may amend primary legislation as well as secondary legislation.

Although every effort has been made to identify and make provision for any required amendments to primary legislation, the Bill brings together legislation that has been made over the last century, so there is a small likelihood that further consequential amendments may be required to enable the legislation to function effectively. It is therefore appropriate that the Government have the power to make such changes via secondary legislation. Any regulations that amend primary legislation will be subject to the affirmative procedure, in line with guidance from the Delegated Powers and Regulatory Reform Committee. I therefore commend the clause to the Committee.

[Preet Kaur Gill]

We are happy to support the clause to give Ministers in Northern Ireland the power to make amendments consequential on this part of the legislation, just as we supported clause 47 for Scotland.

Question put and agreed to.

Clause 57 accordingly ordered to stand part of the Bill.

Clause 58

Tobacco retail packaging

--- Later in debate ---

The Government have clearly been busy and the fruits of their labours are welcome in the Bill, but pack inserts have been in place in Canada since 2000. The evidence from Canada is that over time smokers are more likely to read inserts and that reading them is associated with a greater likelihood of attempting to quit and of successfully quitting. Pack inserts are an easy and direct way to communicate directly and specifically with smokers, and they have enormous potential to target messages about the effectiveness of vaping in helping smokers to quit. I support the amendments and look forward to responses from the Minister and Committee colleagues.

[Dame Andrea Leadsom]

I thank hon. Members for this debate and am grateful for the proposed amendments. I am sympathetic to the aims of the amendments, particularly those on pack inserts. They would provide an opportunity to introduce positive messages and provide more advice and support directly to smokers to help them to quit. The international evidence base shows that pack inserts can be effective in helping people to quit. For example, an evaluation in Canada showed that 26% to 31% of smokers had read the inserts at least once in the past month, which increased the likelihood of their making a quit attempt.

Pack inserts would complement our existing packaging measures, which include health warnings on packs and pointers to NHS advice on the benefits of quitting. We know that quitting smoking is associated with reduced depression, anxiety and stress, and that it improves mood and quality of life compared with continuing to smoke. Although it is a common belief that smoking can help one to relax, the evidence shows that it actually increases anxiety and tension, as it interferes with chemicals in the brain. Studies show that there are numerous mental health benefits from quitting smoking; quitting can in fact be as effective as antidepressants.

However, I point out to hon. Members that we already possess the regulation-making powers to go further on tobacco packaging. The Government’s eight-week consultation on pack inserts ran from August to October ’23. It explored whether we could help more smokers to quit by providing positive quit-themed information in tobacco packaging, alongside the existing information on harms. Proposed themes included the physical and mental health benefits of quitting, the financial benefits and advice on stop-smoking aids. The work to respond to the consultation is under way, and we are committed to responding in this parliamentary Session. That response will include details on the specific themes that may be included, such as anxiety and stress.

Amendments 22 and 23 and new clause 5 centre on the introduction of health warnings on cigarettes and cigarette papers, and would require the Secretary of State to undertake a consultation on that. As with new clause 4 and amendments 18 and 19, I am sympathetic towards the aims of the amendments, which would encourage smokers to quit and provide them with information on the dangers of tobacco. However, we already have some of the most stringent regulations in the world on tobacco packaging and product design, which emphasise the health harms of tobacco. They include the requirement for plain packaging and graphic picture warnings on the outside of cigarette packs. A recent post-implementation review stated that those measures remain effective in helping smokers to quit, and in deterring children from taking up the habit. We will continue to monitor the evidence as to whether further health-harm messages are required, and take further action if necessary. For that reason, I ask the hon. Member for Birmingham, Edgbaston to withdraw her amendments.

Clauses 58 and 60 are both in part 4 of the Bill, which relates to the product requirements for tobacco, vapes and nicotine products, including in respect of packaging and flavours. The powers in part 4 are UK-wide. Clauses 58 and 60 replace existing powers set out in the Children and Families Act 2014: clause 58 replaces powers to make provision about the retail packaging of tobacco products and clause 60 replaces powers to make regulations about other tobacco product requirements, such as the markings on them and the use of branding and logos.

The Standardised Packaging of Tobacco Products Regulations 2015 introduced requirements using the relevant powers, and the Bill will not change the effect of those regulations, which will remain in force. Examples include the regulations covering the minimum pack requirement of 20 cigarettes, the requirements about the colour and shape of cigarette packaging, and the permitted colours forming part of a cigarette. The packaging requirements were originally introduced because there is evidence that standardised packaging reduces the appeal of tobacco products and decreases or delays the uptake of smoking by young people. I commend the clauses to the Committee.

[Preet Kaur Gill]

I will press amendment 19 to a vote, but not amendment 18. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 19, in clause 58, page 30, line 29, at end insert—

“(3A) The regulations must include—

(a) a requirement for information to be provided on packaging or otherwise supplied with a product stating that smoking does not reduce stress and anxiety;

(b) the specific wording of the statement to be displayed on the packaging or otherwise supplied with a product; and

(c) requirements related to the size or appearance of the statement to be displayed on the packaging or otherwise supplied with a product.”—(Preet Kaur Gill.)

Question put, That the amendment be made.

--- Later in debate ---

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

As per the previous clause, clause 59 replaces an existing power in the 2014 Act to make regulations about the flavour of tobacco products. Flavours, particularly menthol, have been shown to make it easier for young people to start smoking and therefore more likely to become addicted. That is because menthol flavouring makes the smoke less harsh and therefore easier to inhale. The flavour masks the harms of tobacco. All tobacco is harmful to health, and it is right that the Government have the powers to protect the population from those harms, and especially from tobacco products that may be more attractive to children. I commend the clause to the Committee.

[Preet Kaur Gill]

As we discussed in the previous debate, tobacco is an insidious industry that causes untold harm to its customers, privatising the profits while socialising the costs. I know that there are many sceptics out there who suggest that the Bill’s central purpose—introducing a progressive rise in the age of sale—is not necessary because the number of people who smoke is steadily declining, especially among young people, but that makes the fundamental error of assuming that those gains are a natural force, not the hard-won result of concerted Government action over many years to reduce the appeal of tobacco.

Among the other measures, restrictions on the flavours of tobacco products that can be legally sold are certainly one, and we do not take it for granted that the powers are restated on the face of the Bill. However, as I have mentioned in previous debates, the issue of flavours has proven difficult to get right. Part of the issue is accessories such as drops, flavour cards and filter balls marketed to be added to tobacco products to give them flavours that they would otherwise not be allowed to have. I ask the Minister again whether she accepts the case that I have made for an amendment to the clause to include reference to accessories to tobacco products to capture such products.

There is also the issue of capturing flavours in legislation. As I mentioned earlier, a survey of smokers in Britain conducted in October 2020, five months after the menthol ban was introduced, and again in March 2023, found that the ban had had a negligible impact. The proportion of adult smokers reporting that they used menthol-flavoured cigarettes in 2023 compared with 2020 dropped by only 2%. Some in the sector went as far as labelling the ban worthless, as tobacco companies continue to sell hundreds of millions of cigarettes laced with menthol. Japan Tobacco International put a range of replacement products advertised as “menthol reimagined” on the market the day the ban came into effect.  That was backed up by a handbook for retailers on how to promoted the range, called “Making a Mint”. Smokers were quoted as saying that the products “tasted fully menthol”. A year later, Nielsen data showed that JTI had sold more than 100 million packs of it menthol reimagined brands, amounting to total sales topping £1 billion.

In 2020, Imperial Tobacco made formal complaints about the behaviour of JTI, claiming it was breaching the legislation, before following suit by launching its own green filter range. Does the Minister think that it is time to get it right, and that we should scrap the focus on so-called characterising flavours, which are subjective and difficult to regulate, and extend a ban to all tobacco flavours?

I note that the Government were meant to review the menthol ban legislation nearly three years ago, yet we have not heard anything since then. The whole point of the ban was to target flavours that make it easier for young people to start smoking and increase the likelihood that they will become addicted. I would be most grateful if the Minister shared her thinking on the issue.

[Dame Andrea Leadsom]

I will share my thinking, because this is important. We are all on the same side where the Bill is concerned, and I say very genuinely to hon. Members that there is an important debate about flavours. The hon. Member for Birmingham, Edgbaston says that we should scrap menthol, but the problem is that if we scrap menthol it will be reimagined as “raspberry mint crush”—it will still be menthol, but simply reimagined. That is the perfect example of how people can get round the legislation by calling it something else—something even more appealing to children.

The idea of tackling the issue in secondary legislation is to ensure that we stay ahead of the industry at all times. I understand the desire to put things in the Bill, but I hope all hon. Members recognise that there are also weaknesses associated with something which, if we are to change it, requires primary legislation to do so.

Clause 59 accordingly ordered to stand part of the Bill.

Clause 60 ordered to stand part of the Bill.

Clause 61

Retail packaging of vaping products and nicotine products

[Kirsten Oswald]

I beg to move amendment 26, in clause 61, page 33, line 19, at end insert—

“(l) the use of fonts in any alphanumeric markings on the packaging.”

This amendment would allow the Secretary of State to make regulations about the font used on the retail packaging of vaping products and nicotine products.

--- Later in debate ---

[Preet Kaur Gill]

New clause 10 would provide powers to the Secretary of State to amend regulations 36 and 38 of the Tobacco and Related Products Regulations 2016. As has been remarked several times in our debates, one of the biggest risks to the success of this legislation in achieving a smoke-free future and tackling youth vaping is that, if the Bill is not tightly worded, vexatious tobacco companies could find loopholes and workarounds. We have been discussing those with the failure of the flavours ban; the same goes for vapes.

To reiterate, Labour is ready to come down like a ton of bricks on any company that would attempt to profit at the expense of our children’s health. We know that the business model of tobacco and, let us face it, of vape companies is addiction. That is not to say that vapes are anywhere near as destructive and harmful as tobacco, but they are not good for us, and if we do not smoke, we should not vape.

The clauses on product requirements provide powers to the Secretary of State to create regulations for the retail packaging of vaping and nicotine products, as well as other product requirements, and they are, at face value, welcome. For a long time, we have been saying that we need to come down hard on those companies blatantly marketing nicotine addiction to children. I have seen egregious examples of that. It is not just the bright colours and pick-and-mix flavours. We heard in evidence from the NASUWT about vapes designed to look like USB sticks or highlighter pens so that they can easily fool teachers in schools. E-liquids available on the market called Candy King look like sherbet dip. I was sent one example from trading standards that really turned my stomach: a vape it seized that was shaped like a sippy cup. That is why we have long been calling for the standardisation of vape product requirements, to remove the risk that products can be designed to appeal to children. At a minimum, the regulations should allow for bright colouring and child-appealing imagery and product names to be removed.

The one thing that companies have shown time and again, however, is that they are agile. They are able to innovate faster than Government have been able to keep up, often to harmful ends. My concern with clauses 61 and 63, which new clause 10 seeks to address, is that the powers provided are limited. In clause 61(3), the wording specifies that the regulations that the Secretary of State may create may include provisions about

“features of the packaging of vaping products or nicotine products which could be used to distinguish between different brands of the product”.

The same phrase is used about other product requirements in clause 63(1)(f). My concern is that such a caveat could exclude revision to generic standards, such as capacity of refills, cartridges or pods, and nicotine delivery.

As I mentioned, we have heard how part of the issue with the use of vapes is their tactility. They are discreet and can easily be hidden, and all evidence I have received about the concurrent disposable proposals that are being worked on by the Department for Environment, Food and Rural Affairs is that there will be little change. The leading producers will be able to meet those new requirements with a few minor adjustments to their products, such as attaching a USB port. I appreciate from his amendment that the hon. Member for Harrow East has similar concerns. I therefore think we should include provisions for other requirements to be introduced for these products that would have an impact on their use by children, while maintaining their viability as an attractive stop-smoking aid.

I include in new clause 10 powers to amend regulation 38 of the Tobacco and Related Products Regulations 2016, as well as regulation 36 on general product requirements, as they cover a range of miscellaneous presentational issues such as misleading or harmful claims that the product has certain health or lifestyle benefits, or attempts to mimic other items. I note, for example, that the current regulations specify that vapes cannot look like a food or cosmetic product, but that does not include looking like stationery, which was an issue identified in evidence by the NASUWT. Conversely, those regulations specify that a product cannot make any environmental claims where it may, in fact, be beneficial to do so to encourage greater use of reusable features once the regulations on single-use vapes come into effect.

Simply put, the purpose of the new clause is to give greater flexibility to Ministers to design regulations that can respond to problems as they arise and so that those powers are not limited to the aesthetic features of packaging or the products themselves, but can prohibit product claims and other characteristics that may appeal to children. My concern is that the legislation as drafted would not achieve that, particularly as we are dealing with regulations that were designed for vapes but which, through the Bill, could be extended to a host of as yet less understood nicotine products. We therefore need that flexibility.

[Dame Andrea Leadsom]

I am genuinely grateful to hon. Members for bringing this discussion before the Committee. We all agree that with vaping, product packaging is an integral part of what we are seeking to avoid for children. As I have said before, I am on the warpath where promoting vaping to children is concerned. I want to assure all hon. Members that the reason I resist the amendments is that we already have the powers in the Bill and I want to explain how that is so.

I am sympathetic to the concerns raised. Making sure we have the right powers to tackle the appeal of vapes to children is crucial and integral. It is totally clear that the design of many vapes is targeted at children, with brightly coloured features and eye-catching designs. There is no way we will stand by while industry knowingly, deliberately and maliciously encourages children to take up addiction and use products that have been designed for adults to quit smoking. The chief medical officer has written:

“Companies trying to addict children for profit are behaving in a shameful way. Yet it is undoubtedly happening.”

That is why we are bringing forward powers to regulate product requirements as part of the Bill.

I am sympathetic to the broadening of the scope of our regulations so they cover all product and packaging features and requirements, as in amendment 21. However, the Bill already contains regulation-making powers to make provision, in relation to vaping and nicotine products, for things such as appearance, size and packaging, as well as the substances that may be included and the amount of any substance within the e-liquid, including nicotine.

[Trudy Harrison (Copeland) (Con)]

May I seek clarity that the font would be included in the category of appearance, because I have certainly seen some vaping products advertising lemon flavour and the font appears in a very stylised way that I would suggest is aimed at young children?

[Dame Andrea Leadsom]

Absolutely. The Bill does allow us great flexibility in these areas and, to clarify, this does include amending fonts and alphanumeric markings, which is the intent of amendment 26. The Bill already provides for that, just to be absolutely clear. That is why we do not need to take additional powers to amend aspects of the Tobacco and Related Products Regulations 2016, as suggested in new clause 10. The Bill already captures all the features that we may need to regulate, and allows that regulation to extend to non-nicotine vapes and other nicotine products.

Amendments 39 to 43 effectively place a duty on the Secretary of State to consult on secondary regulations. As stated in the House on Second Reading, I want to make clear my commitment to undertaking, on the vape regulations, comprehensive consultation regarding, but not limited to, packaging, product requirements, flavours and changes to the MHRA vape notification scheme. I want to make it clear to the Committee that, of course, prior to those regulations we will engage in comprehensive stakeholder discussions. For that reason, it is not necessary for a legal duty of consultation to be placed on the Secretary of State in relation to the regulation-making powers. That would result in a loss of flexibility and speed. There may be occasions when we will need to make minor changes, or quickly adapt to emerging products. Of course, in the vast majority of cases, consultation is the right and proper thing to do, but we do not need this to be stipulated in the Bill. For those reasons, I ask hon. Members to withdraw or not press their amendments.

Clauses 61 and 63 provide the Secretary of State for Health and Social Care with a power to make regulations about the retail packaging of vaping products and nicotine products and to introduce other product requirements for vaping and other nicotine products. Vaping is never recommended for children. It risks addiction and unknown long-term health impacts while their lungs and brains are still developing. We must not replace one generation addicted to nicotine with another. We know that giving up nicotine is difficult because the body has to get used to functioning without it. Withdrawal symptoms include cravings, irritability, anxiety, trouble concentrating, headaches and other mental symptoms, so I say to those children currently thinking, “A vape is going to calm me for my GCSEs” that it is going to do the exact opposite. We need to get that message across to children.

Despite the clear health advice, there has been a significant and alarming rise in the number of children vaping. Data shows that the number of young people vaping has tripled in just the last three years and now one in five children has used a vape. That is incredibly alarming and it is unacceptable. We heard, in our vaping call for evidence, that children are attracted to vapes by the brightly coloured packaging and the use of child-friendly images such as cartoons. The hon. Member for Birmingham, Edgbaston gave very good examples. Research on vape packaging has shown that reduced brand imagery can decrease the appeal to young people who have not previously smoked or vaped, and can do so without reducing the appeal of vapes to adult smokers trying to quit. To protect children from potential health harms of vaping, we must reduce the ways in which vaping appeals to them, and do so without impacting on adult smokers.

[Mary Glindon]

I am not sure whether this is the appropriate moment for this question, but the Minister is making such a good case for making vaping unattractive and stopping vapes being available to children that I want to ask whether she has considered the idea of the licensing scheme that the vaping industry has put together—I believe that it has been presented to the Government before, although perhaps not to the Minister, in her position—which it believes will control who sells and supplies vapes and provide a vast sum to support greater enforcement. I just ask that, incidentally, as a question that the Minister may be able to answer.

[Dame Andrea Leadsom]

I am grateful to the hon. Lady for giving me the chance to give my personal opinion on licensing. It is a licence for the vaping industry to get rid of the competition, make loads more money and focus even more on addicting children to vapes. It is the most cynical of all the cynical proposals I have seen. I am literally in no way in support of a licensing regime. I see lots of nods around the room; I hope that my personal view is clear and am glad that it seems to be shared by a number of hon. Members.

Clause 61 provides the Government with regulation-making powers, which could be used to limit the appeal of vapes and other nicotine products to children. This could include, for example, regulating the types of imagery that can be used on packaging, as well as the size, shape and appearance of the packaging—subject, of course, to further consultation.

Clause 63 allows us to introduce requirements that could, for example, limit the types of imagery used on the product itself, as well as its size and shape. I therefore commend the clauses to the Committee.

Question put, That the amendment be made.

--- Later in debate ---

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause provides the Department of Health and Social Care Secretary of State with a power to regulate the contents and flavour of vaping products and nicotine products.

Vaping is never recommended for children and, as we have just discussed, risks addiction and long-term health impacts. We know that children are attracted to the fruit and sweet flavours of vapes, both in their taste and smell, as well as how they are described. For example, the most frequently used vape flavouring for children is fruit flavour, with 60% of children who currently vape using them; and 17% of children who vape choose sweet flavours such as chocolate or candy.

We also recognise the importance of vape flavours to adult smokers who are looking to quit smoking. It is, therefore, important that we carefully consider the scope and impact of restrictions so that we reduce the appeal of vaping to children, while avoiding any unintended consequences on adult smoking rates. We have committed to consult on any regulatory measures regarding flavours. I can tell the Committee that I had an interesting roundtable with members of the public health sector, who were themselves entirely divided on whether reducing vapes significantly would encourage adult smokers to carry on smoking, rather than turning to vaping. It is a very live issue, at which we need to look carefully.

To achieve these aims, the clause will enable the Government to make regulations in future to regulate the substances and the amount of any given substance that may be used in vaping or other nicotine products, as well as the flavours of those products. That also means that regulations are future-proofed in the event of new nicotine products coming to market; we will be able to regulate any new nicotine product, and protect our children from future addiction and health harms. I commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for her explanation of the clause. As I have already outlined, we are very concerned about the explosion in under-age vaping in recent years, with youth use trebling in the past two years alone. I think I speak for everyone in the Labour party when I say that we have been very concerned about some of the products appearing on our local shop shelves, which are obviously marketed to children.

I do not want to lump the whole of the industry in together, but some of these companies are clearly linked to big tobacco and have used big tobacco-style tactics to target youngsters. They see the way things are going with smoking and have sought to addict a new generation through vapes and other products. We therefore support the clause, which will allow us to stop products with flavours mimicking popular sweets or with bizarre names like “unicorn shake” from sucking young people and other vulnerable non-smokers in. I am afraid to say that the Government have been asleep at the wheel on this issue, and there has been a bit of a free-for-all as a result. I was flabbergasted to learn from the MHRA that something like 600,000 different vaping products have gone through the notification process and can legally be sold in the UK now.

All that said, I do appreciate the genuine and legitimate concern from people who have used vapes to help them quit smoking that, in seeking to course correct, the Government could go too far in the other direction and take away the flavours that they enjoy and feel have helped them stay off cigarettes. I appreciate that my hon. Friend the Member for North Tyneside has raised concerns to that effect, and I want to reassure her that we are committed to consulting on this issue before introducing regulations, so that we can get the balance right.

I have mentioned on previous clauses that when it comes to tobacco regulation, some of the restrictions on flavours have been among the least successful of any regulations brought in by successive Governments in recent decades. In the disappointment of the menthol ban is the cautionary tale that implementing these regulations will take thought and care. Similarly, the quagmire that the Food and Drug Administration in the US has sunk into is something we should obviously seek to avoid. I wonder if the Minister could therefore comment on what lessons she has drawn from the US, where the blanket ban on flavours has seen only a few dozen products approved for legal sale in three years, while illegal products remain widely available in stores.

The key issue we need to crack is what the best way is of dealing with flavours—is it descriptors, ingredients or the characterising flavour itself? On the latter point, I have already mentioned the menthol ban. Can the Minister please set out her view on how to proceed, given that the Bill leaves the specifics of how to implement restrictions on flavours quite open, including how the flavour of a product is to be determined. Has she conducted a systematic review of how Governments in other jurisdictions have sought to tackle this? Given our desire to protect the use of vapes as a smoking cessation aid, can she set out how restrictive she thinks regulations on flavours should be? Would she go as far as Canada in banning all fruit flavours, for instance? Given that the powers in the clause may be some of the trickiest to implement, I would be grateful if she could devote time in her response to answering these questions.

--- Later in debate ---

[Mary Kelly Foy (City of Durham) (Lab)]

I want to speak briefly in support of the clause. I am frustrated that we would need yet more consultation when there is an awful lot of evidence to support prohibiting the tactics, branding and sweet flavourings. Indeed, that was recommended by the Khan review. I am frustrated that I tabled an amendment to this effect in 2021. If it had been passed instead of being voted down by the Government, fewer children would be addicted to nicotine now.

[Dame Andrea Leadsom]

I share the views expressed here today that we have got to stop the marketing aimed at children in the brutal and cynical way that is happening right now. Hon. Members will appreciate that the limiting of flavours is a tricky thing to achieve. Is it the name of the flavour? Is it the ingredients in the flavour? Is it a combination of the ingredients and the flavours?

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

The Minister is making a considered point. The Committee has received research data from ASH that highlights how complex the issue is. Although 50% of child vapers preferred fruit flavours, 47% of adult vapers also preferred fruit flavours. We therefore have to consult on and take these issues forward in a very considered way, because we do not want to undermine the harm reduction from helping adults who are trying to stop smoking.

[Dame Andrea Leadsom]

My hon. Friend is exactly right. There is another factor, of course, which is that a lot of these vape flavours are non-toxic for consumption only, as the chief medical officer has pointed out. As he said to me, “If you drink a glass of water, it’s fine, isn’t it? But if you breathe it in, it’s not quite so fine.” That is a slightly silly example, but the point is that a flavour that might be fine if it was in an ice cream could have a very different impact if it was breathed in—we just do not know. It is therefore important that we consult further. As my hon. Friend and others have said, we must ensure we do not remove the ability of adult smokers to use vapes as a quit aid, but we must stop them being marketed to children.

Question put and agreed to.

Clause 62 accordingly ordered to stand part of the Bill.

Clause 63 ordered to stand part of the Bill.

Clause 64

Power to include provision about enforcement

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

Clause 64 enables any regulations made under the Bill relating to the packaging, flavours and other requirements of tobacco, vape and nicotine products to include provision about their enforcement. That will enable future regulations to include enforcement provisions similar to the enforcement provisions for current tobacco and vape legislation, which are known to be effective. Those include provisions conferring functions to the relevant enforcement authority—local weights and measures authorities in England, Wales and Scotland, and district councils in Northern Ireland—and provisions for the relevant national authority to take over the enforcement function. The effect of the clause is that future regulations relating to the requirements of tobacco, vape and nicotine products can include provisions about their enforcement and so be successfully implemented and enforced. I commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for that explanation. Of course, where we create new regulations, we must give powers to the appropriate authorities to enforce them, so we support the clause. I do not want to labour the point, as I have made it previously, but I did not receive all the answers to the questions that I asked, so I will ask them again. How will the £30 million investment in enforcement agencies such as trading standards, His Majesty’s Revenue and Customs, and Border Force be split? Is it a one-off investment? If it is, what is the timeframe over which the investment will be delivered? Or will it be an annual uplift to support their work? Can the Minister provide a breakdown of what the investment will be used to fund?

[Dame Andrea Leadsom]

The funding for enforcement agencies will be increased by £30 million a year, to be used by HMRC, Border Force and trading standards, and the breakdown of the funding will be determined on an ongoing basis.

Question put and agreed to.

Clause 64 accordingly ordered to stand part of the Bill.

Clause 65

Power to make provision binding the Crown

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

This clause states that when regulations are made under part 4 of the Bill—on tobacco, vaping and nicotine product requirements—the requirements could be applied to the Crown in the same way as the measures in part 1 of the Bill explicitly apply to the Crown. It is a standard clause that enables any regulations made under part 4 of the Bill to apply to the Crown in the same way as the measures in part 1. I commend the clause to the Committee.

[Preet Kaur Gill]

As with part 1, we have no objections to raise about this clause.

Question put and agreed to.

Clause 65 accordingly ordered to stand part of the Bill.

Clause 66

Power to amend other legislation

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

I commend the clause to the Committee.

[Preet Kaur Gill]

I touched on this in relation to my new clause 10, which was grouped under clause 61. Clearly, a gamut of regulations on the statute book stands to be affected by further regulations that will be introduced under the Bill. It is therefore apposite to provide powers to amend or remove them as they are changed or replaced. We therefore agree to the inclusion of this clause.

Question put and agreed to.

Clause 66 accordingly ordered to stand part of the Bill.

Clause 67

Consent to regulations under Part 4

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

Clause 67 requires that, before the introduction of any regulations setting product requirements for tobacco, vaping and nicotine products, the Secretary of State must obtain consent from the devolved Administrations if the regulations include provisions that would be within their devolved competence. This is a standard clause that enables the Bill to function effectively. I commend the clause to the Committee.

[Preet Kaur Gill]

I thank the Minister for that. We of course agree with this clause to ensure that, wherever appropriate, consensus is sought on any regulations made under this part of the Bill.

Question put and agreed to.  

Clause 67 accordingly ordered to stand part of the Bill.

Clause 68

Consequential repeal

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

I commend the clause to the Committee.

--- Later in debate ---

[The Chair]

We are about to discover whether the Minister is an expert on packaging.

[Dame Andrea Leadsom]

I would like to take this moment, as the hon. Member for Birmingham, Edgbaston has, to say that this has been an incredible piece of work, at pace, by the Bill team. I would like to add my thanks and my gratitude to them for all of their hard work, and for all of the collaboration with all of the devolved Administrations, which has been superb. This Bill has really come forward at pace.

On the hon. Lady’s point about packaging, I can absolutely assure her that packaging will be included in the broadest sense of the word. If she wants me to define “retail packaging” versus “packaging”, I can do so in writing.

Question put and agreed to.  

Clause 68 accordingly ordered to stand part of the Bill. 

Clause 69

Interpretation of Part 4

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 70 stand part.

[Dame Andrea Leadsom]

Clause 69 sets out definitions to be used within the Bill, such as those to identify certain tobacco products—such as herbal smoking products—retail definitions such as retail packaging, and vape-related phrasing such as “vape” or “vaporises”. These definitions were previously covered in clause 34 under part 1 of the Bill.

Clause 70 simply provides the definition of nicotine product used throughout part 4 of the Bill. The definition that we use here is intended to capture nicotine delivery devices and products other than vapes and tobacco products. That will enable us to regulate emerging products, such as nicotine pouches, which we know are being used increasingly by young people. We simply cannot replace one generation addicted to nicotine with another; we know how damaging it is once someone is addicted. I commend these clauses to the Committee.

[Preet Kaur Gill]

I will not go over the same points I raised for the previous clause on the distinction between packaging and retail packaging. As the Minister says, the clauses relate to the definitions in this part of the Bill, so we have no strong quibbles. For clarity, I want to ask why the definition of nicotine product has been drafted in the way that it has. Why does the definition differ from that in clause 35 in part 1? Why have the Government not opted to define nicotine and tobacco products in similar ways, which would encompass both the ingredients and the devices used to consume them?

I note the carve-out of medicinal products and medical devices from the definition of vapes. Could the Minister tell us what, if any, discussions she has had with vape producers about designing a product that could be licensed as a medicinal product and potentially made available on prescription? If she has had no discussions, what does she see as the barriers? Lastly, has she considered whether there is any potential for other nicotine products to serve the same purpose as stop-smoking aides that are appropriate for clinical use?

[Dame Andrea Leadsom]

The definitions are to provide the broadest and most flexible range of powers to clamp down on all the various illicit and under-age products designed to get children addicted to nicotine as early as possible. The hon. Lady makes an interesting point about getting a licensed vape, and we have had discussions about it. Interestingly, so far no vape company has come forward to propose a prescription-only type of vape, as she suggests. That may happen in the future, and it is something we can perhaps discuss offline.

Question put and agreed to.

Clause 69 accordingly ordered to stand part of the Bill.

Clause 70 ordered to stand part of the Bill.

Clause 71

Extension of notification requirements etc

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 72 to 74 stand part.

[Dame Andrea Leadsom]

Before being able to sell nicotine vapes on the UK consumer market, producers should ensure that their products meet the standards required under the Tobacco and Related Products Regulations 2016 and notify the Medicines and Healthcare products Regulatory Agency as to the contents and ingredients of their products and submit their contact details. Non-nicotine vapes and other nicotine products are currently only covered by the General Product Safety Regulations 2005, which means there are no requirements to notify for these products in the same way as nicotine vapes.

Clause 71 provides regulation-making powers to introduce notification requirements for non-nicotine vapes and other consumer nicotine products, and a power to introduce fees to cover the cost of administering the new requirement. Notification plays a vital role in the oversight and compliance of vapes to help ensure that products meet regulatory requirements and are safe for consumers. Given that the Bill gives powers to introduce new restrictions on vapes via future regulations, it is necessary to be able to amend the information required by the vape notification system.

New vape regulations will likely make several changes that would impact on the design and make-up of a vape, and it is essential that the notification system can be updated with new information requirements so that it remains effective in the future. That is why clause 72 provides a power to amend the information that must be submitted when a vape or other nicotine product is notified for sale on the UK market. Without that power, the notification system would likely not align with all future restrictions placed on vapes and would therefore become ineffective.

While the notification system is not an enforcement tool, enforcement agencies use the published information to distinguish between products that have been notified for sale on the UK market and those that have not. There is currently no means by which the MHRA can withdraw a notification from the published list—for example, if a required fee is not paid. As such, clause 73 provides a regulation-making power to create exceptions to the requirement to publish notifications—that is, to allow for a notification to be removed, for example, in the event where a required fee has not been paid. The regulations that may be made under powers in part 5 may relate to consumer protection, which is a transferred—that is, devolved—matter in Northern Ireland but remains a reserved matter for Great Britain.

I turn to clause 74, which provides that if regulations relating to the notification system contain provision that would be within the legislative competence of the Northern Ireland Assembly, the Secretary of State for Health and Social Care must obtain the consent of the Executive Office in Northern Ireland. The consent provision maintains and upholds the devolution position in Northern Ireland concerning consumer protection matters with respect to regulations made under part 5. The effect of the clause is to enable the powers in part 5 to be exercised effectively, respecting the devolution settlement with Northern Ireland. I commend these clauses to the Committee.

--- Later in debate ---

[Dame Andrea Leadsom]

I beg to move that the clause stand part of the Bill.

[The Chair]

Do you want to write to the hon. Lady with answers to those questions?

[Dame Andrea Leadsom]

I am very happy to write to the hon. Lady with further thoughts, but I think we have covered all the points that she raised.

Question put and agreed to.

Clause 71 accordingly ordered to stand part of the Bill.

Clauses 72 to 74 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.—(Aaron Bell.)

Tobacco and Vapes Bill (Sixth sitting)

Andrea Leadsom Excerpts

Committee stage
Thursday 9th May 2024 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 43 stand part.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

Welcome back, everyone.

Clause 10 provides regulation-making powers for the Secretary of State for Health and Social Care in England, and Welsh Ministers, to extend the offences relating to the sale, purchase and free distribution of vapes to other consumer nicotine products, such as nicotine pouches. Clause 43 gives Scottish Ministers the equivalent regulation-making powers. Part 3 of the Bill provides for similar measures for Northern Ireland, which will be discussed separately. The measures will ensure that we have a consistent approach across our nations to protecting children from accessing other nicotine products and being exposed to the health harms and addictive nature of nicotine. They also address a point that was raised earlier by hon. Members.

Nicotine is a highly addictive drug, and we must not replace one generation addicted to nicotine with another. Giving up nicotine is very difficult, because the body has to get used to functioning without it. Withdrawal symptoms can include cravings, irritability, anxiety, trouble concentrating, headaches and other mental symptoms. Evidence also suggests that the brain in adolescence is more sensitive to the effects of nicotine, so there could be additional risks for young people.

Under current legislation, there are no mandatory age restrictions on other consumer nicotine products. Although data suggests that the use of other nicotine products is low overall, there is a growing trend of use, particularly among adolescent boys, and there are indications that industry is beginning to encourage the uptake of other nicotine products. As we work to tackle youth vaping, it is important that there are not loopholes that can be exploited to put children at risk of nicotine addiction through the use of other nicotine products. That is why we are including powers to extend age of sale, proxy purchasing and age verification requirements to other nicotine products.

Clauses 10 and 43 are an important part of our work in ensuring that the collective package of measures in the Bill succeeds in protecting children from potential health harms. I therefore commend them to the Committee.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

We support clause 10 as a tidying provision that ensures that the additional restrictions on the sale and free distribution of vaping products to under-18s can be extended to other nicotine products in England that have the potential to cause similar harms. It provides that the measures in clauses 7 to 9 can be extended to emerging products such as nicotine pouches, and clause 43 makes similar provisions for Scotland.

It is clearly not right that addictive nicotine products can be sold and freely distributed to children. Awareness of the products is growing, and legislation needs to keep up. According to research by Action on Smoking and Health, awareness and usage of nicotine pouches is higher among younger adults, and just over 5% of 18 to 24-year-olds have tried one. As with vapes, the marketing of nicotine pouches is likely to be attractive to children and young people, with similar branding to sweets and soft drinks. At present, a loophole means that it is not illegal to sell them to children, so I support the measures to close it.

Will the Minister set out her intentions with regard to the use of the new powers, and what conversations she has had with devolved nations on the issue? Will she also explain the Government’s view on the potential harms from the use of nicotine pouches? Does she believe that these products could have value as a stop-smoking aid, like vaping? What merit does she see in including the products in regulations similar to the tobacco-related products regulations for vapes? If she intends to introduce regulations on nicotine pouches, can she set out her intended timescale for that?

--- Later in debate ---

[Dame Andrea Leadsom]

I wholeheartedly endorse almost everything I have heard. I share hon. Members’ concerns and applaud them for their commitment to solving the issue of nicotine pouches. As my hon. Friend the Member for Harrow East rightly pointed out, should the industry find a way around something in the Bill, we would have to legislate again with primary legislation. The right thing to do, therefore, is to take powers to make secondary legislation that gets on top of the issue and future-proofs us, so that right across the United Kingdom we can tackle this appalling scourge: the tobacco industry’s determination to get our children addicted.

Extraordinarily, the tobacco industry dominates the UK nicotine pouches market, and it claims to self-regulate—that is, it claims not to sell to under-18s. That is absolutely extraordinary. A recent study suggests that although nicotine pouch use is low among adults, with roughly one in 400 adults in Great Britain using them, nicotine pouches are increasingly popular with younger, largely male audiences. The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment has identified gaps in research and flagged that the long-term health harms are not known, but use by non-smokers is likely to be associated with some adverse health effects due to the nicotine.

We all know that other nicotine products need to be clamped down on. We will not need to consult on age of sale restrictions on nicotine products; we will be able to use regulations, hopefully in this Parliament, with implementation from 2025. It is certainly our plan to consult on all of this regulation to get ahead of nicotine pouches and other nicotine products with a view to implementing the regulations in 2025.

[Rachael Maskell]

I do not know whether the Minister is aware that the strength of the nicotine in these products is excessively high—much higher than in other products—and so they rapidly bring about addiction. When the Government brought forward measures to try to educate the country about alcohol use, they did a comparison. Perhaps it would be helpful to do a comparison about the amount of nicotine that individuals are taking through a nicotine pouch, because the public would be alarmed to know that we are talking about their taking multiple factors of nicotine into their bodies.

[Dame Andrea Leadsom]

The hon. Lady is absolutely right; they vary from 2 mg to 150 mg per pouch. I imagine that that variation would make it hard to provide a complete comparison, but she is quite right that education will be a big part of the implementation.

[Dr Johnson]

I think that most parents in my constituency would be horrified to think that nicotine pouches are available for sale to children. I appreciate that the Bill takes the power to ban nicotine products other than vaping products at a later date, but I would grateful if the Minister could explain why we should not ban the sale of nicotine to under-18s full stop. I do not understand why and in what circumstances anyone would ever wish under-18s to have nicotine sold to them.

--- Later in debate ---

[Dame Andrea Leadsom]

My hon. Friend makes a good point. The Bill takes powers to bring forward the age of sale restriction, and that in itself will not require further consultation. It is my expectation that, if possible, that will be brought forward in this Parliament. However, as has been explained, if we put something in the Bill, the industry will get around it by saying, for example, “This doesn’t contain nicotine”—except it does, as we have already seen.

The other thing I want to raise with hon. Members is that clauses 61 to 63, which will grant the ability to restrict flavours, packaging and location in store, will also apply to nicotine products. Those measures are clearly designed to reduce their attractiveness to children.

[Rachael Maskell]

In response to my questions and accepting the clause as it is written, can the Minister give the Committee an assurance about when the regulations will be brought forward to ensure that products such as nicotine pouches will come within scope of the Bill?

[Dame Andrea Leadsom]

All I can say to the hon. Lady is that she has heard me, and I am determined to bring that forward as soon as possible. There are good reasons for not putting the provision on the face of the Bill, which are to do with future-proofing. I can only give her my absolute assurance that, as soon as humanly possible, I will bring the regulations forward for consultation where necessary and for implementation where not.

[Dr Johnson]

I am grateful for the Minister’s answer, but I am still a bit confused. I can see the point she makes about the industry and the need to remain flexible; that is really important and why we support clause 10 —particularly in relation to sections 8 and 9, which are about the purchase of products on behalf of children. I welcome the fact that later in the Bill we will see restrictions on the appeal of the packaging of vaping and tobacco products, which will help to make them less attractive to children.

However, I still do not understand why any product containing nicotine would need to be available to children and why that would not be on the face of the Bill. If we were to specify nicotine pouches in the Bill, I see that that could be got around by calling them “nicotine gum” or something else, but if it said, “Nicotine—full stop—cannot be sold to under-18s,” that would be difficult to work around, because no nicotine product could be sold to under-18s. I expect that if I did a survey of parents in my constituency, most would presume that that was already the law.

[Dame Andrea Leadsom]

My hon. Friend makes a good point, which I will take away and reflect on. We have obviously already aired the discussion about the benefit of taking powers as opposed to putting something in primary legislation, but she makes a good point and I will come back to her.

[Bob Blackman]

One of the challenges we are talking about is not only nicotine itself—we had medical evidence last week to suggest the damage it does to the body, let alone its delivery mechanisms—but the mixture of different routes by which it gets into the body. At the moment, evidence is emerging about the damage from the use of different accelerants to get nicotine into the body. Will the Minister consider what may need to be done about those particular types of chemicals and other methods that may need regulation to outlaw them, because of the damage that they do particularly to children and to all other vapers?

[Dame Andrea Leadsom]

My hon. Friend makes a really good point. We have heard about some of the heavy metals and other carcinogens in vapes. The Bill is so comprehensive in banning things such as cigarette papers, herbal cigarettes and so on precisely because of other things that people put into their lungs. As the chief medical officer for England said, it is fine to drink a glass of water but have you ever tried inhaling one? It is not such a pleasant experience. He made the point that although it might be perfectly safe to eat a non-toxic flavour, it could be very different to inhale it.

As we heard last week, the fact of the matter is that there simply is not yet the evidence to say what some of these products do to human beings when inhaled. It is absolutely right that we protect children from those effects, hence this Bill. I hope that one of the outcomes of this legislation will be that we get far more evidence via independent research into the potential harms of first-hand vaping and other consumption of nicotine as well as second-hand consumption, which I know a number of hon. Members are interested in. I am sure we will come back to that in due course.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11

Displays of vaping and nicotine products

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clause 45 stand part.

Clause 54 stand part.

[Dame Andrea Leadsom]

Clause 11 provides a regulation-making power to allow the Secretary of State for Health and Social Care in England and the Welsh Ministers in Wales to introduce future restrictions or requirements on the display of vaping and nicotine products, and their packaging and pricing where they are offered for sale. Clause 45 provides the same regulation-making power to Scottish Ministers, and clause 54 provides the power to Northern Ireland.

At this point, I would like to reiterate our plans for future vaping regulations, including on vape displays. I have made a commitment to consult on future regulations. Any regulations made will be accompanied by clear impact assessments. We will introduce new regulations as soon as possible following the passage of the Bill.

We simply cannot replace one generation addicted to nicotine with another, and we know that giving up nicotine is so difficult because the body must get used to functioning without it. Withdrawal symptoms can include cravings, irritability, anxiety, trouble concentrating, headaches and other mental symptoms. Despite this very clear health advice, there has been a significant and alarming rise in the number of children vaping in this country. Data shows that the number of young people vaping has tripled in just the last three years, and now one in five children has used a vape. That is alarming and unacceptable.

Evidence shows us that vapes are currently far too easily accessible to children within shops. Vapes are sometimes displayed alongside sweets and confectionery in retail environments, and often promoted in shopfront windows. These products are too easily seen and too readily available to children, and we have a duty to protect our children from harm. These clauses therefore provide regulation-making powers for new restrictions on where and how vapes and nicotine products can be displayed within a retail setting, and ensure that we are aligned right across the United Kingdom. The display restrictions will include both packaging and pricing. Future regulations on point-of-sale displays will help to reduce the ease of access to vapes to children, and the degree to which vapes can be targeted at children. These are important clauses to help us tackle youth vaping and to protect children from addiction and future health harms.

[Preet Kaur Gill]

We welcome the inclusion of these powers to regulate the display of nicotine and vaping products in retail settings. All of us have seen what has been happening in some shops: as the Minister said, colourful products that look like confectionery kept next to the pick ’n’ mix at pocket money prices. I appreciate that some in the sector have concerns that regulations on point-of-sale displays need to be balanced in respect of their impact on retailers, given existing restrictions on products like tobacco and some of the associated costs. In my view, however, there is no argument against the inclusion of the powers themselves.

I heard from a retail worker at a major supermarket chain that they are paid by the vaping companies to put displays of vapes in prominent locations in their stores. These are often far away from the tills, where there is little to no oversight by staff. I was told that where children once shoplifted sweets, they are now going straight for these products. One worries that the vape companies are almost happy to lose them, if they can get a new customer addicted who they know will come back for more.

None the less, I want to highlight that there appears to be broad support for some restrictions on the display of vapes among retailers. I note that in the Action on Smoking and Health survey of retailers in England and Wales, 80% of tobacco retailers supported prohibiting advertising and promotion of vapes or vaping products in store, and requiring them to be put behind the counter; only 12% were opposed. I would be grateful if the Minister outlined whether it is her firm view—she has alluded to it—that vapes should be kept behind the counter, or whether display should be prohibited entirely, which seems to be what the Government have looked at in their impact assessment. Alternatively, does she feel that further consultation is necessary?

I would also like to raise other questions about the potential for such regulations to be undermined. Clause 34 of the Bill provides an interpretation of terms used in part 1 of the Bill, but it does not define “retailer”. I therefore wonder whether other forms of display for sale would be caught under the powers as drafted here. I am thinking of vape vending machines, which are not in widespread use now but could be in the future.

Have her officials looked at that issue? Given the introduction of some vending machines with automated age verification features, has the Minister considered prohibiting vape vending machines, as has happened in Scotland? We can easily see how this situation could undermine the consistency of regulations on displays.

--- Later in debate ---

[Dr Johnson]

I rise in support of clause 11 on restricting the display of vaping and nicotine products. I have been horrified to see that after the Government, with good intentions, made it difficult for children to see sweets at the counter, to reduce pester power and help protect them from obesity, the sweets were in many cases replaced by vapes. The Government are doing exactly the right thing in taking the powers to look at displays. As has been mentioned, the ability and flexibility of doing so through regulations means that we can move swiftly when the industry seeks to get round the latest rules. I think that is great.

I have two examples for the Minister. Would they be covered by paragraph (1)(c)? The first is a mini-mart in Grantham. The entire shop window is covered in pictures of things such as Kinder chocolate, Haribos, fruit and very large-size vape devices in bright colours. I was in WH Smith in Nottingham last weekend; this is a shop that sells children’s books, children’s toys, sweets and children’s stationery, yet at the till there is a very large video display of vape adverts immediately behind the shopkeeper’s head. Will these two types of advertising and display be covered by the regulations?

[Dame Andrea Leadsom]

Again, I appreciate the sentiments expressed and associate myself with all of them. The hon. Member for York Central requested that we put in primary legislation that vapes must be behind the counter. It is clear from the impact assessment and the consultation that that is the intention. However, as my hon. Friend the Member for Sleaford and North Hykeham points out, the reason for taking the powers is that doing so allows us to stay ahead of the next place they might be sold, for instance outside the shop, on a bus or outside a school—we can imagine all sorts of other ideas. It is important to have the regulations to get ahead of other ideas, rather than saying, “They shall be behind the counter.” That is why we are taking regulatory powers right across the Bill, so that answer holds for all the areas in which we are taking powers: we are taking them to stay ahead of an industry that has shown itself to be very imaginative and brutal in its determination to addict children. We need to stay one step ahead, and that is the plan.

[Mary Glindon (North Tyneside) (Lab)]

Something has occurred to me rather later than sooner, as things often do. Vape shops are prolific in our town centres. Can anything be done to limit young people’s access to those shops, for instance a minimum age of entry, so that no one under 18 should be on the premises? I do not think that we have thought about that hitherto in our discussions.

[Dame Andrea Leadsom]

I appreciate the hon. Lady’s suggestion, and I will take it away and look at it. The immediate thing that springs to mind is that if someone is out with their children, it is difficult for them to say, “You stand out there; I am going in.” That could give parents concern. I take the point that, in a vape shop, someone cannot say, “Go and look at the toys while I choose my vapes,” but I can imagine all sorts of objections from a practical point of view. However, I will take the suggestion away and reflect on it.

[Mary Glindon]

Is it not the case that children are not allowed in bookies and betting shops? That is perhaps a similar situation.

[Dame Andrea Leadsom]

As I say, I accept the hon. Lady’s point and will reflect on it.

The broader point is that there is obviously a balance here. We want to exclude vapes from children, but we do not want to exclude vapes from adults who want to quit smoking, because that is the real prize that we are seeking to hang on to. The more difficult we make it for adults to access vapes as a quit aid, the more we are discouraging adults who, we have all agreed—violently—we want to stop smoking. That is the killer.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

The Minister is making an extremely important point: we have to do everything in a proportionate manner. Although we need to protect children, and do not want children—I have children of my own—to take up vaping in childhood or have access to vapes, vaping can be a harm-reduction approach for adults. Putting vapes behind the counter, like tobacco, might go against some of the evidence we heard about the harm of vaping being much less than that of smoking itself. It could perhaps give the wrong impression to the public: that vaping is not a harm-reduction tool, that it is not going to be useful to them, and that it is in the same category as smoking itself.

[Dame Andrea Leadsom]

My hon. Friend highlights exactly the challenge, which is the balance between helping adults to stop smoking, where turning to vapes can be the most successful tool in the toolkit, and preventing children from ever taking up and becoming addicted to nicotine.

[Dr Johnson]

I have a question, but I appreciate that the Minister may not know the answer. Adults who wish to stop smoking have many smoking services that they can go to for advice, such as their GP or pharmacist. Other mechanisms of giving up smoking, such as Nicorette gum and nicotine patches, are available, but they are nowhere near as widely advertised as vapes. Does the Minister think that smokers are unaware of them?

[Dame Andrea Leadsom]

That is a very tricky question to answer. I certainly think that stop-smoking services are fully aware of all the different alternatives that an individual can take up. There is of course the question raised in previous discussions, which nobody has raised today, about whether there should be a prescription-only vape. Many people would say, “No, I want the convenience of buying a vape. I don’t want to have to go and get a prescription, argue why I need it, and so on. I’d rather just buy one.” There is a genuine issue of convenience and accessibility, but my hon. Friend is absolutely right that it is vital that stop-smoking services set out the whole array of different choices to help adult smokers to quit, and that will include vapes. The evidence is that vapes are particularly successful in helping adults to quit smoking.

[Dr Johnson]

My point was about that balance between protecting children and making adult smokers aware that they can use vapes to quit or to change their habit to one that may be safer for them. There seems to be a reluctance to apply stringent methods that would protect children in order to protect adults. My point on advertising was really about whether adults are any less aware of gums and patches because they are not as floridly advertised as vapes. Do we really need to be as sensitive in protecting adults, or should we prioritise the protection of our children?

[Dame Andrea Leadsom]

Intellectually and morally, I completely agree that we need to protect children, and that is the priority. I think the Bill will do exactly that. We are taking the powers to restrict the flavours, the location and the accessibility, and we are massively ramping up enforcement. All of the measures that we are taking are exactly designed to strike the right balance between helping adults to quit smoking and protecting children.

I want to address one other point raised by the hon. Member for Birmingham, Edgbaston on vending machines, and I think the hon. Member for East Renfrewshire also raised it. There will be powers taken in the Bill to limit the use of vending machines for vapes. At the moment, the evidence is that it is not a real problem; vapes do not tend to be sold in vending machines. We need to take the powers, as I have already said, so that we can stay ahead of whatever approach is taken next by the tobacco industry.

[Dr Johnson]

May I push on that point? Does that mean that the Government will accept new clause 16—the vending machine clause?

[Dame Andrea Leadsom]

We are not at that point yet. We will come to those amendments and new clauses as and when.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12

Restricted premises orders

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider the following:

Clauses 13 to 15 stand part.

Clause 56 stand part.

[Dame Andrea Leadsom]

This group of clauses relates to restricted premises orders, or RPOs. These are existing measures that local authority trading standards in England and Wales, and district councils in Northern Ireland, can deploy when a retailer is found to persistently breach tobacco and vape age of sale restrictions.

Clauses 12 to 14 are based on and replace existing legislation in England and Wales. Clause 12 provides that a persistent offender can be issued with a restricted premises order, which could prohibit the sale of products— such as tobacco products, herbal smoking products, cigarette papers, vaping products and any nicotine products —on premises for up to 12 months. This is an important enforcement mechanism for tackling persistent offenders. A persistent offender is someone who has sold tobacco or vape products to someone under-age at least twice within the previous two years.

--- Later in debate ---

[Bob Blackman]

I thank my right hon. Friend for explaining the nature of these various different measures. I think retailers will have a concern about, for example, where a manager or an errant individual breaches these rules and is therefore subject to action, what actions the retailer can then take to alleviate the challenge afterwards. For example, if the person is dismissed or is told they are no longer welcome on the premises, will that be sufficient, or will it have to be a case of serving a time before such premises can be brought back into action? Obviously, retailers will want to know what they must do to comply with not only the letter but the spirit of the law.

[Dame Andrea Leadsom]

My hon. Friend makes a really good point. It also justifies why this is particularly complicated to explain, let alone to take in. That is one of the reasons why there is a long lead-in period for that new regulation. There will be training for retail. We have discussed this with various industry bodies, and they support it and consider that there is enough time for them to get up to speed. Essentially, that strays into the issue of the quantum of fines. The idea is that it is effectively an on-the-spot fine; it is really, “Two strikes and you’re out.” If someone offends twice, they will end up with a restricted premises order, and if they offend again, they will get an unlimited fine. It is an appropriate escalation. At the starting point, there are a number of other fines that are of a similar quantum, where someone could potentially argue, “Well, I did not realise. I am new; I did not get the training; I was not here that day,” and then it is not such a painful fine. They would certainly learn their lesson, however, and after two offences it escalates very significantly.

Clause 56 amends the Tobacco Retailers Act (Northern Ireland) 2014 and introduces the power for the Department of Health in Northern Ireland to amend the definition of a tobacco, nicotine or non-nicotine vape offence for which a restricted premises order can be issued. That is the same provision made for England and Wales in clause 15. Clauses 15, in England and Wales, and 56, in Northern Ireland, are important to maintain the longevity of the legislation. They will ensure that enforcement action remains up to date to reflect any relevant new tobacco or vape products that come on to the market in future. I therefore commend the clauses to the Committee.

[Preet Kaur Gill]

We support the introduction of restricted premises orders for breach of age of sale laws on nicotine and vaping products in the same way that they already exist for tobacco. A repeat offender should know that there are serious consequences for breaching age of sale legislation, so I strongly support the principle of providing a strong deterrent to any retailers that would break the law. The threat of enforcement action cannot be seen as the cost of doing business.

I have a few questions about how the orders work in practice. The Bill introduces a requirement for trading standards authorities to consider whether to conduct a programme of enforcement at least once a year. That is not a strong requirement. There is nothing to say that local teams must conduct any enforcement action within a two-year period on the matter, even if they receive complaints, and many trading standards teams are woefully under-resourced. Therefore, the requirement for the powers to be used for “persistent” offences, meaning at least two breaches within a two-year period, suggests to me that the orders will be very seldom used.

That is not to mention the question of how the orders would be enforced once granted by a magistrates court, or indeed the backlogs before that. Can the Minister say how many times restricted premises orders have been used in relation to tobacco in recent years, or even in the last decade? We heard from trading standards at the evidence sessions that boots are needed on the ground to make this work. My understanding is that of the money that the Government have announced for enforcement, only £10 million will go to trading standards. Will the Minister confirm whether that is correct?

At the same time, the Chartered Trading Standards Institute is warning that its profession is in jeopardy because of a lack of investment. Its funding has been cut by 50% over the past decade, and it estimates that around the UK as much as half the workforce is set to retire over the next decade. Has the Minister heard any of those concerns? What conversations has she had with colleagues and other Departments about staff retention and investment?

I am foregrounding one of my amendments to a later clause, but I am of the view that the proposed fixed penalty notice powers will be a more effective mechanism to enforce compliance on age of sale, particularly given the clause on use of proceeds, if we do not have strong reassurances that trading standards will get the necessary resources from central Government.

We strongly welcome any measure that will aid authorities in cracking down on the sale of tobacco, vapes and nicotine products to children. However, I urge the Minister to look again at whether the new regulations will be coupled with the enforcement action needed on the ground. Without it, they will not achieve what we need them to, and more young people will fall prey to addiction.

[Dame Andrea Leadsom]

I am pleased that the hon. Lady supports the clauses. They are absolutely vital to ensure that we have the proper enforcement powers. She asked about the investment in enforcement. I can tell her that we are investing over £30 million of new funding a year into enforcement agencies, including trading standards, HMRC and Border Force. That increased investment will boost enforcement surrounding the sale of illicit tobacco and illicit vapes and help local trading standards with enforcement on underage sales of tobacco and vaping products at a local level. There will also be £100 million of funding over five years to support HMRC and Border Force’s new illicit tobacco strategy, which will seek to tackle the illicit trade and create a new illicit tobacco taskforce. Various measures are under way, including training, but enforcement will be absolutely key.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clauses 13 to 15 ordered to stand part of the Bill.

Clause 16

Restricted sale orders

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 17 stand part.

[Dame Andrea Leadsom]

Clauses 16 and 17 are based on and replace existing legislation for England and Wales. They relate to restricted sale orders, which is one of several measures in the Bill that will ensure that our enforcement approach to tackling under-age sales is both effective and proportionate.

Clause 16 provides that a persistent offender can be issued with a restricted sale order, which is similar to a restricted premises order but puts a ban on an individual from selling tobacco or vape products rather than a business. The clause is important for the overall functioning of the Bill as it provides local authority trading standards with a further tool for enforcement. Restricted sale orders also act as a deterrent to persistent offenders as they apply to a specific person, regardless of their place of employment.

Clause 17 makes it an offence to breach a restricted sale order. The offence is committed when the individual has done something, such as sell a product, that they have been prohibited from doing under the order. As with restricted premises orders, making it an offence to breach restricted sale orders gives local authority trading standards the ability to escalate action to tackle persistent offenders. The penalty for breaching a restricted sale order is an unlimited fine, which will again be a good deterrent. I commend clauses 16 and 17 to the Committee.

[Preet Kaur Gill]

Once again, we support these clauses, which will provide an effective deterrent to those who would sell addictive products to children and ensure that repeat offenders have that freedom taken away. I echo my comments on restricted premises orders: the success of the policy will depend on effective enforcement. May I ask the Minister why the Government have not provided similar powers to add to the list of relevant offences for which a restricted sale order can be issued, as they have with a restricted premises order? What is the rationale there?

Likewise, I am interested in whether the Minister has data on how many of those orders have been issued in relation to tobacco in recent years. I think she has clarified that the orders are designed to stop repeat offenders being able to simply move around, but can she assure us that local trading standards authorities are sufficiently joined up, and that someone moving between different shops in other local authorities in a retail chain could be picked up?

Once again, we support the principle of the clauses, which brings the consequences of breaching age of sale law for vaping and nicotine products into line with the existing laws for tobacco, but I have some concerns about how it will work in practice. I would be grateful if the Minister could address those.

[Dame Andrea Leadsom]

I thank the hon. Lady for her points, which were all very well made. If I may, I will write to her about her question of how many times such orders have been used in the past. I will reflect on what she says about the ability to enforce. I have set out the amount of new funds going to enforcement and the plans for further education and training, but I will certainly reflect on her point.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17 ordered to stand part of the Bill.

Clause 18

Liability of others for certain offences committed by bodies

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

The clause makes a person potentially liable for an offence committed by a body, when that offence has been committed with their consent, connivance or neglect. That means that a person would be liable in addition to the body, such as the company or partnership, that they are working for. It helps the overall purpose of the Bill by supporting local authority trading standards in enforcing tobacco and vape age of sale regulations, as they can punish both individuals and businesses when conducting their enforcement activity. I commend the clause to the Committee.

--- Later in debate ---

[Dame Andrea Leadsom]

Clauses 19, 20 and 21 relate to the enforcement requirements of local weights and measures authorities in England and Wales. Clause 19 places the duty to enforce the tobacco and vaping measures in England and Wales on local weights and measures authorities. For England and Wales,

“local weights and measures authorities”

means local authority trading standards.

The clause provides local authority trading standards with the power to use the investigatory powers under the Consumer Rights Act 2015 to conduct their enforcement activity. The investigatory powers are comprehensive and include the power to purchase products, observe a business, enter premises with or without a warrant, inspect products, test equipment, require the production of documents, seize goods, seize documents as evidence, break open containers and require assistance from persons on the premises. The existing regulatory regime for tobacco enforcement provides for local authority trading standards to use the same investigatory powers, which are considered to be effective, and thus clause 19 provides continuity with the current enforcement approach, ensuring enforcement of this new legislation at the local level.

Clause 20 provides a requirement for local authority trading standards in England to consider yearly a programme of enforcement, and the potential design of such a programme of enforcement, for offences under part 1 of the Bill. A programme of enforcement includes at least one of the following: investigations of complaints regarding alleged offences, prosecutions in respect of such offences, and/or other measures intended to reduce the incidence of such offences. The clause is important to the Bill, as it reconfirms what local authority trading standards should consider as appropriate to enforce the tobacco and vapes regulations.

Clause 21 makes the same provision for programmes of enforcement in Wales as is made for England under clause 20. I commend clauses 19, 20, and 21 to the Committee.

[Preet Kaur Gill]

Trading standards officers are experts in this area. They know what they are looking for in retail settings, they are experts in the legislation they have to enforce, and they do an important job in difficult circumstances. As we heard in evidence, trading standards officers enforce dozens of regulations, but in many local authorities there are barely one or two officers to do the job. As we consider the new regulations that we give to them to enforce, it is important that we make sure they get the support they need to do the job.

As I mentioned, I have some concerns about clause 20, in that it provides a relatively weak basis on which to compel a programme of enforcement to be carried out. However, I am glad it at least sets out something of the Minister’s expectations, and we acknowledge that different local authorities face different local challenges. We do not want to be overly prescriptive in what we set in law. The issue therefore comes down to resources, so can the Minister tell us what has been the result of Operation Joseph and whether it will be continuing? I note that it received £3 million in funding last year, but the timeframe in which that was scheduled to be delivered was unclear. Can the Minister clear that up?

The Chartered Trading Standards Institute estimates that one in three vapes on British shelves may be illicit, which suggests that local authorities are struggling to fully get to grips with existing enforcement priorities, as we add new ones. What assessment have the Government made of authorities’ capacity to absorb these new responsibilities with the resources allocated?

[Rachael Maskell]

I want to pick up on this point as well because it is incredibly important, and we cannot put the responsibilities on to trading standards if they do not have the tools to do the job. Clearly, this is a new field and, as we have discussed throughout the Bill, new products will come out and be marketed if we do not get ahead of the curve. It is therefore important that we ensure that new testing kits are made available and that we look at how they can be brought into play.

We heard strong evidence last week about the benefits of introducing a track and trace system, which would simplify the work of trading standards. If a product has not been through that process, and there is therefore not an authoritative basis on which to say that it can be sold, it would clearly be an illicit product. If a proper track and trace process was put in place, that could aid the work of trading standards, and addressing the real challenges we are trying to deal with through these clauses would not require such extensive resourcing.

Will the Minister therefore comment on her appetite for bringing in a track and trace system for vaping and other nicotine products to get ahead of the curve? That would ensure that the illicit trade is suppressed and does not rear its ugly head and that it is as easy as possible for trading standards to uphold every part of the Bill.

[Dame Andrea Leadsom]

This is obviously an incredibly important area of enforcement, and successful enforcement is integral to the success of this policy.

To the question from the hon. Member for Birmingham, Edgbaston about Operation Joseph, in the year before the operation—2022-23—2.1 million illicit vapes were seized by trading standards across England. In the same year, 1,199 test purchases were carried out by trading standards in England, with 27.3% resulting in an illegal sale. Those are the numbers. As the hon. Lady says, Operation Joseph has had £3 million of investment over two years, led by National Trading Standards. It conducts a range of illicit vape enforcement activities, including data collection and analysis of the scale of illegal products and under-age sales; market surveillance; under-age sales testing; court enforcement action; and upskilling of trading standards staff. A further operation—Operation CeCe —was established in January 2021 as a joint venture between National Trading Standards and His Majesty’s Revenue and Customs to tackle illicit tobacco sales.

So those individual measures are in place. As hon. Members will know, the Medicines and Healthcare products Regulatory Agency looks at the product notifications for legal products, which have to meet the compliance standards of the MHRA. It is then for trading standards to enforce, and they have had a significant increase in resources to tackle enforcement, as I have set out. I am obviously happy to write to Members with more detail should they wish.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clauses 20 and 21 ordered to stand part of the Bill.

Clause 22

Power of ministers to take over enforcement functions

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 23 stand part.

[Dame Andrea Leadsom]

Clauses 22 and 23 relate to powers for Ministers to take over enforcement in England and Wales. Clause 22 provides a power for the Secretary of State for the Department of Health and Social Care or Welsh Ministers to carry out the enforcement of a particular case, or a particular type of case, instead of local authority trading standards.

Trading standards operate in all local authorities, and it is standard practice that they undertake required local enforcement action, as will be the case for offences under part 1 of the Bill. However, a situation could arise where they are unable or unwilling to undertake enforcement in a particular case. For example, a tobacco company could develop a new tobacco product that it argues is outside the scope of enforcement, which could result in trading standards being hesitant about pursuing action—as we have discussed, tobacco companies are nothing if not inventive in their determination.

Clause 22 replaces, and is based on, existing legislation. It allows for the Secretary of State for Health and Social Care or Welsh Ministers to take over enforcement action, should that be deemed necessary, and it ensures consistent, strong and effective enforcement of the tobacco and vape measures in the Bill.

Clause 23 provides a power for the Secretary of State for Health and Social Care or Welsh Ministers to take over from trading standards the conduct of any legal proceedings relating to an offence under part 1 of the Bill. In a similar manner to clause 22, this clause replaces, and is based on, existing legislation. It allows the Secretary of State for Health and Social Care or Welsh Ministers to take over the conduct of any legal proceedings, should that be deemed necessary, and it ensures consistent, strong and effective enforcement of the provisions in part 1 of the Bill. I therefore commend clauses 22 and 23 to the Committee.

[Preet Kaur Gill]

Let me start by saying that I support these two clauses being added to the Bill, providing the Secretary of State with powers to take over enforcement functions from local authorities or to take legal proceedings in court instead of a local enforcement authority.

The rationale for these additions is, first, to ensure that where local authorities are unwilling or unable to take enforcement action, the Government themselves can intervene to speed that work up and get it done. That can only be a useful backstop, although it does underline the important points that I and other colleagues have raised about local authorities having appropriate resources to discharge their responsibilities in the first instance. Secondly, as we heard in evidence, there is the matter of illicit tobacco, and often vapes too, being linked to organised crime. Such criminal networks often span large areas, crossing local authority lines, and in theory it could be useful for national Government to intervene in large cases that extend beyond the jurisdiction of a single local authority.

We hope that the work of trading standards officers is sufficiently joined up with the work of officers in other local authorities and the work of national agencies such as the MHRA and Border Force, but the point remains that national authorities should be able to step in if required. Nevertheless, I would be grateful if the Minister could for the record expand on how she would expect to utilise the powers in clause 22 and in what scenario she would consider that necessary. Could she also confirm whether she plans to devote additional resources to national trading standards as part of her plans to deal with the rapid growth of the illicit market in vapes in recent years, including unsafe products with illegal nicotine strengths and so on?

Given the widespread appearance of some illicit products on the shelves of shops and the co-ordination work that will need to be undertaken with the likes of Border Force to stop such illicit products getting into the country, in what scenario would the Minister consider it appropriate for the national authorities to lead on certain priorities instead of local teams? We know that local trading standards officers are often intelligence-led, whereas national authorities have greater resources at their disposal. How is that work co-ordinated, and can we do it better?

[Dame Andrea Leadsom]

I thank the hon. Member for Birmingham, Edgbaston for her comments and views. She asked a really important question: will we enforce at a national level? The answer is that, at the moment, we want to be able to enable that, should it prove necessary. She will be aware that, as I set out, we are expanding—by £30 million a year—the resourcing available to His Majesty’s Revenue and Customs, trading standards and Border Force to clamp down and enforce. As that work progresses, we may well uncover organised crime, for example, or significant bad practice that, as she rightly pointed out, crosses local borders and where a national-level intervention would be more appropriate. I cannot tell her right now what the plan is, because it will emerge over time, but having those powers is essential.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Clause 23 ordered to stand part of the Bill.

Clause 24

Fixed penalty notices

[Preet Kaur Gill]

I beg to move amendment 20, in clause 24, page 12, line 14, leave out “£100” and insert “£200”.

--- Later in debate ---

[Rachael Maskell]

I rise to support my hon. Friend the Member for Birmingham, Edgbaston. I completely agree that when we set these figures, we often forget that the economy has moved on so much, and that the rise in inflation has meant that so many things cost so much more. Just £100 is a very small amount to many shops, which take their cut from these products. It is therefore essential that we move into the realms of reality, not least because the consultation advised the Government that £200 would be an appropriate starting point and would have public support.

Clause 26 says that the figure can be amended by the Secretary of State, should they choose to do so. So the amendment would not place a limit in primary legislation, but it would make this a more realistic deterrent to ensure that shopkeepers abide by the law. It is also really important to have an incentive for them to ensure that they are fully up to speed with their obligations. This change would focus their minds as regulations are introduced, as the Minister alluded to, and ensure that they keep themselves up to date, because they know that the penalty makes it worth doing that. I therefore urge the Committee to adopt my hon. Friend’s amendment. It is a simple measure that would not cause the Minister any grief as the Bill passes through its later stages.

[Dame Andrea Leadsom]

I am grateful to the hon. Member for Birmingham, Edgbaston for bringing this discussion to the Committee, and I fully appreciate the sentiment behind the amendment. I completely understand why it is attractive to raise the fixed penalty notice and make it more material to the individual, but I urge hon. Members to take into account the fact that local trading standards take a proportionate approach to tobacco and vape enforcement. The Bill proposes fixed penalty notices of £100 to enable trading standards to take swifter action by issuing on-the-spot fines, rather than needing to go through lengthy court processes. Littering, parking or under-age alcohol sales attract on-the-spot fines. The proposal in the Bill is for £100, or £50 if it is paid within two weeks. That avoids people thinking, “I can’t pay this, so you’ll have to pursue me through the courts.” That creates an incentive for these issues never to come to court, and it can clog up court time and so on. I fully appreciate the hon. Lady’s point, but this is about practicality.

I find it slightly odd that the hon. Lady says £100 is affordable but £200 is not. I would be shocked to get a £100 on-the-spot fine, and I am sure she would, too. Most retail workers would find a £100 fine to be quite devastating vis-à-vis their daily cost of living. I fully understand the sentiment behind the amendment, but £100 is in line with the precedent set by penalties for comparable offences. The fixed penalty notice for under-age alcohol sales is £90. If the penalty were raised to £200, as the amendment suggests, trading standards could issue higher on-the-spot fines, but how many of us have that kind of money on us? It would push a person into severe difficulty. As we have discussed, there is a very swift escalation—it is a “two strikes and you are out” policy—and there is the ability to take the business to task, too, so I think the current penalty is actually quite stringent.

[Dr Johnson]

The Minister will not be surprised to hear that I think we must always consider the most stringent possible fine for selling these things to kids. Will she confirm that, in the event that someone is selling age-restricted tobacco and vaping products to children, the shop worker, who is unlikely to be on a particularly high income, could receive an on-the-spot £100 fine, which they would have to pay immediately; and that the shop premises can be taken to court, and if necessary, enforcement can result in the shop not being able to sell these products at all? In addition, under clause 1 an individual can be taken to court for selling these products and can get a level 4 fine. There is a whole range of options, from on-the-spot fines, which may be relatively low and can be used if the trading standards officer wants to quickly remind someone not to make such mistakes in future, to much more severe penalties for those who are more persistent or deliberate.

[Dame Andrea Leadsom]

My hon. Friend is exactly right, and I will run through the levels of fines for the benefit of hon. Members.

[Mary Glindon]

Is not the whole point of having fines that they act as a deterrent? We do not want lots of people just paying £100 because it is manageable. The thought that they may have to find £200 on the spot could be more of a deterrent. The reason we have these fines in the first place is that they act as deterrents, is it not?

[Dame Andrea Leadsom]

I completely agree; the hon. Lady makes a good point. What people would see as a deterrent is an open question. I would see a £100 fine as a deterrent; I do not have £100 in my purse, so I would have to go to the cash point. I would not be keen to do that, and Members of Parliament earn quite a bit more than most retail workers. That is the truth of it. I actually think that setting the fine in line with the £90 fine for the offence of selling alcohol to someone under age is quite a material deterrent.

[Rachael Maskell]

I think the Minister is making slightly the wrong comparison. A retail outlet will have a till, and that till will have money in it. Therefore, it will be the business, not the shop worker, paying the fine. She makes the point that for one person, £100 could be incredibly steep, but for someone working in a venue that sells products out of the scope of the legislation, paying £200 out of a till is not really out of the ordinary, and these businesses make extortionate profits out of these things. I wonder if she could address that point.

[Dame Andrea Leadsom]

The hon. Lady makes a good point. There is an open question as to what the right level is, but it is for trading standards to decide whether the individual member of staff or the business pays the fine. So this is a very relevant point, but it is not just about taking the money out of the till. That is not necessarily the choice that trading standards would make; the fine may well be imposed on the individual.

[Kirsten Oswald]

I wonder whether looking at what an individual person may have in their purse is the right way to think about this. The Minister is right that I do not have £100 in my purse, but I am fortunate enough that I do have £100. It strikes me that in these situations, there would be a more modern way of paying the fine than expecting people to have it on their person at that moment. That puts a whole layer of obligation on them. I am slightly agnostic about what the level should be, but I wonder if we could look at what is reasonable rather than what people might have about their person.

[Dame Andrea Leadsom]

The hon. Lady makes a good point. Of course, most of us do not carry £100 in cash, because we do not need to these days. My point was more that if the fine is £200, an individual might say, “Well, you’ll have to take me to court over it.” That creates a huge administrative burden that will slow down justice.

I will turn to the other clauses, because I think that will help in this debate. Clauses 24 to 26 relate to fixed penalty notices in England and Wales. Clause 24 introduces fixed penalty notices for the under-age sale of tobacco and vaping products and for the free distribution of vaping products to under-18s in England and Wales. The current penalty regime requires trading standards to prosecute an individual or business, and they must be convicted in a magistrates court. The new fixed penalty notices will allow trading standards to take swifter action by issuing on-the-spot fines to retailers, instead of escalating to a court process. Fixed penalty notices are already in place in Scotland and Northern Ireland.

Fixed penalty notices offer an individual the opportunity to avoid prosecution for an offence if they make a payment within a specified period. They are already in place for proxy purchases of tobacco and vape products. A strong approach to enforcement is vital to ensure the smoke-free generation policy, and that our approach to tackling youth vaping has real impact. Fixed penalty notices will complement the existing sanctions and strengthen the toolkit available to trading standards officers, allowing them to take swifter action to fine those selling to anyone under the age of sale.

[Dr Johnson]

Will the Minister give way?

[Dame Andrea Leadsom]

I will make progress, if that is all right—I will give way before I finish. I just want to ensure that hon. Members are aware of the facts.

Clause 25 states that funds received from fixed penalty notices issued in relation to the offences in the Bill will be retained by local authorities and must be used in connection with their functions under the Bill. That means that if trading standards issue a fixed penalty notice, the local authority will retain the funds from the fixed penalty notice, and those funds must be used by the local authority to support the enforcement of tobacco and vape legislation. That allows local authorities to cover the enforcement costs of issuing fixed penalty notices, and to reinvest any remaining funds in enforcement regimes.

Clause 26 provides the Secretary of State for Health and Social Care and Welsh Ministers with the power to change the amount of a fixed penalty notice and the percentage discount for early payment as set out in clause 24. The power provides flexibility for Ministers to adapt the amounts specified and will future-proof fixed penalty notices, ensuring that they remain an appropriate and proportionate enforcement tool to deter offenders.

[Dr Johnson]

I thank the Minister for giving way. The purpose of the penalties is presumably to punish those who have deliberately acted against the rules, and to be a deterrent against those who consider doing so. I am satisfied that the Minister has thought very carefully —I know she has—about the level at which the fines should be set. She has come up with £100, but can she reassure me that the Government will monitor to see whether that is sufficient and, if it is not, that they will increase it accordingly using the regulations provided for under the Bill? Secondly, when an individual is deciding to break the rules and to sell an age-restricted tobacco product to a child, could they know whether they would be dealt with under the fixed penalty notice or under clause 1, which carries a much bigger and more deterring fine?

[Dame Andrea Leadsom]

I can give my hon. Friend the reassurance that she seeks. With regards to the issuing of fines and whether the shopkeeper would know, it will be for trading standards to have the total range of enforcement tools that are available to them, including being able to impose a fine of up to £2,500 upon conviction in a magistrates court, as well as the other, potentially unlimited fines that we have discussed—for breach of a restricted premises order—or, indeed, this on-the-spot fine, which hon. Members will appreciate is a much faster way to provide swift and immediate punishment of offenders. Its escalation has already been set out—two offences in two years leads to the restricted premises or sale order.

[Bob Blackman]

I always seek a spirit of compromise in such circumstances. At the moment, the Bill states:

“The amount specified in a fixed penalty notice must be £100.”

I am concerned about how that could be altered by regulation. Clearly, a consultation or other measures might be needed. A relatively simple amendment could have the clause state that the fixed penalty must be a minimum of £100 and can be varied by regulation. Will the Minister consider that as not necessarily an amendment today, but as something she might consider taking forward so that we can satisfy all sides?

[Dame Andrea Leadsom]

My hon. Friend makes an excellent suggestion, and I will certainly take that away to reflect on it. My initial thought is that we could, unfortunately, end up with a situation where a particular individual or premises felt that they were being unfairly penalised, because they got £100 and I got £200. We can imagine that. Nevertheless, I think it is a really good idea and a very good proposal for compromise, so yes, I will reflect on it.

I think, Dame Siobhain, we have come to the end of the discussion, so I commend clauses 24 to 26 to the Committee.

[The Chair]

I apologise, Minister, but as this is the shadow Minister’s amendment, she in this case gets an opportunity to respond.

[Dame Andrea Leadsom]

Indeed.

[Preet Kaur Gill]

I thank the Minister, although of course I am disappointed at her rejecting the arguments that she has heard today. I welcome the suggestion from the hon. Member for Harrow East. I think that that would be a fairly reasonable way forward. Of course, we do not know whether the Minister will make those amendments.

The Minister talked about a fixed penalty notice of £100, but actually, that is not true, because people have 14 days and it is reduced to £50. I do not see £50 as a deterrent. I think that if it were £200, for example, and people therefore had to pay £100 within 14 days, that would be more likely to be a deterrent. I would therefore like to press the amendment to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[The Chair]

With this it will be convenient to discuss schedule 1.

[Dame Andrea Leadsom]

Clause 27 provides that schedule 1 amends aspects of the Public Health (Wales) Act 2017. It amends the existing provision relating to the handing over of tobacco to under-age people to align to the new age of sale. It also extends the offence to cover the handing over of vaping products to those under 18. The schedule updates definitions in the Public Health (Wales) Act to align to the definitions set out in the rest of the Bill, including the definitions for herbal smoking products and nicotine products. These are needed to ensure that the law in Wales is correct and accurate and aligns with the provisions that the Bill is introducing across the rest of the UK. I therefore commend the clause and schedule to the Committee.

Tobacco and Vapes Bill (Fifth sitting)

Andrea Leadsom Excerpts

Committee stage
Thursday 9th May 2024 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Clause 2 stand part.

Clause 37 stand part.

Clause 41 stand part.

Clauses 48 and 49 stand part.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

Clauses 1, 37 and 48 change the age of sale for tobacco products, herbal smoking products and cigarette papers so that no one born on or after 1 January 2009 will legally be sold those products in England and Wales, Scotland, and Northern Ireland, respectively. That replaces the existing legislation, which sets the age of sale at 18 years old. The clauses are core to the ambition of being the first country in the world to create a smoke-free generation, which is supported by the public, including a majority of retailers: nearly 70% of people support our plan to create a smoke-free generation. But why is it necessary?

First, this new age of sale will save tens of thousands of lives. Tobacco is devastating for the health of smokers. It is the single biggest preventable cause of death, responsible for about 80,000 deaths in the UK each year. Smoking causes one in four cancer deaths, including 70% of lung cancer cases. It is not just those who smoke who experience the harms; second-hand smoke also causes enormous harm to children, through no choice of their own.

There is no safe age to smoke. We know that 75% of smokers would never have started if they had the choice again, and those who start smoking as a young adult lose an average of 10 years of life expectancy. As we heard from the chief medical officer for England in his oral evidence session, individual smokers should never be blamed for the situation they are in. An incredibly wealthy and sophisticated marketing industry deliberately addicted them to something, at the earliest age it could get away with, and they have had their choice removed.

Secondly, this measure will boost our economy. Each year, smoking costs our economy a minimum of £17 billion, which is far more than the £10 billion income per year that the Treasury receives from taxes on tobacco products. That is equivalent to 6.9p in every £1 of income tax received. Therefore, reducing the prevalence of smoking will reduce these costs, helping our economy to become more productive.

On that note, reducing smoking will also cut the burden on the NHS. As Sir Stephen Powis outlined in his oral evidence, smoking impacts the NHS at all levels. Almost every minute of every day, someone is admitted to hospital with a smoking-related disease and over 100 GP appointments every hour are because of smoking. Reducing this burden will allow us to invest more in vital care, focus on major conditions and cut waiting lists.

Thanks to years of decisive Government action and stop-smoking support, smoking rates are coming down, but we want to build a brighter future for our children, grandchildren and great-grandchildren. I know that there are concerns about this policy, which were discussed at length on Second Reading. I want to reassure all colleagues that this policy is not about taking away people’s rights. There is no liberty in addiction and nicotine robs people of their freedom to choose.

I also urge all members of the Committee not to be taken in by the tobacco industry’s claims that the black market for tobacco products will boom. Before the legal smoking age was increased from 16 to 18, the tobacco industry sang from that same hymn sheet, but the facts drowned them out. The number of illicit cigarettes consumed actually fell by 25%, and smoking rates for 16 and 17-year-olds dropped by almost a third. In fact, consumption of illegal tobacco has plummeted from 17 billion cigarettes in 2000-01 to 3 billion cigarettes in 2022-2023.

To crack down on illicit tobacco and under-age tobacco and vape sales, we are putting an extra £30 million of new funding per year over five years into our enforcement agencies and we are working closely with enforcement colleagues to ensure that these measures are successfully implemented. And we have not forgotten current smokers. The measures in the Bill are accompanied by a suite of measures to support current smokers to quit. They include nearly doubling the funding for local stop-smoking services with an additional £70 million each year over the next five years, providing a new financial incentives programme to support pregnant women and their partners to quit, and providing additional funding for stop-smoking campaigns and to ensure that retailers and the public understand the changes in the law.

On Second Reading, there were also discussions about what products were in scope of the new restrictions. Let me clarify matters by saying that the new age of sale restrictions will apply to all tobacco products, including tobacco that is smoked, smokeless or chewed. When it is smoked, tobacco kills up to two thirds of its long-term users, and all smoked tobacco, including in shisha and cigars, is harmful. There is also clear evidence of the toxicity of heated tobacco in laboratory studies; the aerosol generated by heated tobacco contains carcinogens. I know that some of our colleagues have championed heated tobacco products as a smoking quit aid, but there are less harmful tobacco-free products that can support people to quit smoking.

Tobacco products such as paan, betel quid and chewing tobacco are also covered by the Bill. Tobacco that is not smoked is not a safe way to use tobacco. Using smokeless tobacco increases the risk of both mouth cancer and oesophageal cancer.

[Bob Blackman (Harrow East) (Con)]

I thank my right hon. Friend for the speech she is making and of course I absolutely support all the measures in the Bill. One concern, which I think was raised on Second Reading, about paan and chewing tobacco is that they are currently not specified very clearly in the Bill. Is she planning to introduce any further measures, either in Committee or in regulation, to address this concern? One of the problems is that at the moment those products are freely sold in a range of different environments.

[Dame Andrea Leadsom]

First, I pay tribute to my hon. Friend for his very long-standing campaign to stamp out nicotine and tobacco. He is absolutely right that we will need to make it very clear to members of the public, retailers and health organisations our intention to stamp out all tobacco products, because they are all unsuitable for our smoke-free generation. I will make a note of his concern, take it away and make sure that the legislation makes things as clear as it possibly can.

The Bill also applies to cigarette papers, as do current age of sale restrictions. Their bleaches and dyes add to the volume of smoke and the range of toxicants in the smoke, contributing additional risks to smokers. Likewise, herbal cigarettes are included in the legislation, as they are harmful to health. Although their smoke does not contain nicotine or tobacco, it does contain cancer-causing chemicals, tar and carbon monoxide similar to a tobacco cigarette.

I will briefly mention clause 41, which amends the Scottish legislation to include herbal smoking products under provisions for age of sale, age verification policy, sales by under-18s, proxy purchasing and vending machines. With their harms outlined above, it is right that herbal smoking products be included within the current and future tobacco control legislation. By extending this legislation, Scotland will be aligned with the other UK nations. This measure will also support the effective implementation and enforcement of the Bill by providing consistency for enforcement officers, industry, retailers and consumers across the UK.

To complement the smoke-free generation policy, we are also bringing forward clause 2, which makes it an offence for someone over the age of 18 to purchase tobacco products, herbal smoking products or cigarette papers on behalf of someone born on or after 1 January 2009 in England and Wales; this is known as proxy purchasing. Proxy purchasing of these products by an adult for someone under age is already prohibited; the clause makes it an offence for any adult to buy these products for someone in the smoke-free generation—that is, born on or after 1 January 2009. That means someone might be caught by the offence if they are also too young to be sold the products themselves, but we did not want to overcomplicate the application of this offence.

We hope this measure will send a clear message to stop people trying to buy products for people under the age of sale. Proxy purchasing in Scotland and Northern Ireland will also be updated through clauses 37 and 48 to align with the new age of sale. These provisions are essential to ensure there are no loopholes in the age of sale legislation, and build on what we have found to work in the current age of sale legislation.

Finally, I present clause 49 to the Committee. The clause amends a provision in the Health and Personal Social Services (Northern Ireland) Order 1978 to provide the Department of Health in Northern Ireland with the power to amend the definition of “sale” to mean “sale by retail”. If the power is used, only sales from a retailer to a customer will be caught by the tobacco age of sale offence, which will therefore not include business to business sales, such as sales between a wholesaler and a retailer. This measure would bring the type of sales caught by the tobacco age of sale offence in Northern Ireland in line with those in England, Wales and Scotland. Fundamentally, the clauses included in this group are essential to implementing the smoke-free generation policy.

There is both strong cross-party and cross-nation support for these measures. It is clear that we all acknowledge the need to protect future generations from the harms of smoking. No one wants their children to ever start smoking. In England alone, it could prevent almost half a million cases of heart disease, stroke, lung cancer and other deadly diseases by the turn of the century, increasing thousands of people’s quality of life and reducing pressures on our NHS. Thanks to the collaborative work we have undertaken with the devolved Administrations, we have produced a Bill that will save lives right across the United Kingdom. I therefore commend these clauses to the Committee.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Dame Siobhain, and to serve on this Bill Committee. I will start with some general remarks about the context of this legislation.

This is an important Bill. As we heard on Second Reading, there is vanishingly little opposition to the central point that nicotine addiction is a scourge on our society, and that it is right the Government take steps to reduce its harms. Nicotine addiction cuts lives short and worsens healthy life expectancy disproportionately among more deprived communities; the toll it takes on the economy, and in particular on our NHS, far outweighs any benefit the Exchequer receives in taxes.

Labour proposed a progressive increase in the age of sale for tobacco in January 2023, and the Minister can be reassured that we will continue to support this Bill. If Labour win the next election—if we are privileged enough to do so—we will implement it. It will be a pleasure to genuinely lead the world on tobacco control, given that tobacco kills an estimated 8 million people a year.

--- Later in debate ---

[Kirsten Oswald (East Renfrewshire) (SNP)]

I, too, welcome the provisions in the Bill and the contributions that have been made so far from both sides of the House. It is very important that we have a collective voice on this, wherever possible. We know that smoking is a leading cause of preventable death in Scotland and the rest of the UK. In 2022, smoking accounted for an estimated 8,942 deaths of those aged 35 and above in Scotland. We have also heard about the significant impact that smoking has on those who are already suffering from inequality and are in the most disadvantaged situations in our community.

The work on the Bill has been constructive, and it contains a number of measures pushed for by the Scottish Government; of course, part 2 specifically relates to Scotland. Jenni Minto, the Scottish Public Health Minister, has spoken positively about how Scotland has dealt with tobacco control measures, being a world leader. Although we know that there has been a reduction in the proportion of people smoking, it is still damaging far too many lives and killing too many people. We heard about the huge damage to the capacity of our NHS because of the difficulties caused by smoking, and the damage to people’s lives.

Scotland has long led the UK on tobacco control. We in the SNP really welcome this collaborative step towards creating a smoke-free generation. As the first UK nation to introduce an indoor smoking ban, and having led on the overhaul of tobacco sale and display law, we can clearly see the important steps we are taking and the significant, positive impact on public health that is possible. We support the new age regime and the greater powers for Scottish Ministers to tackle youth smoking and vaping. It would be very helpful to hear further about how it is anticipated that the powers will be used. We need to make sure that this works in practice.

I close by reflecting what others have said about the uniquely lethal and addictive nature of smoking, and the far-reaching problems it causes in people’s lives. We need to take whatever steps we can to prevent this addiction—so enthusiastically encouraged by the marketing teams of these industries—from taking hold in the first place. It is really important that we take all the steps available to us while we have this unique opportunity. We need to look at closing some small gaps, which I am sure we will discuss further. I would be very happy to hear from the Government Front Bench team about sponsorship, which is an interest of mine in terms of vapes, but I hope that we can make constructive progress on making this Bill a reality.

[Dame Andrea Leadsom]

I appreciate the clear cross-party support for the measures in the Bill. I understand that hon. Members will have views on ways to amend or strengthen it, but I urge the Committee to appreciate how little time we have. As we heard clearly from last week’s evidence sessions—from the chief medical officers from all parts of the United Kingdom and from so many medical professionals—this is a very good Bill, so let us not make the perfect the enemy of the good. Let us get this through.

I very much appreciate the welcome of all colleagues, and I assure them all that I will take away any suggestions and requests and come back with clear answers. Where something is relatively simple to do, we will seek to do that, but equally, as Members will appreciate, it is not always possible to accept every suggestion, no matter how well-meaning—and I absolutely accept that, in this Bill, it is always well-meaning.

I will answer the points that hon. Members specifically raised. The hon. Member for Birmingham, Edgbaston asked about how we will encourage young people to quit smoking at an early stage. She will be aware that there are lots of measures to try to help people to stop, including the financial incentives that we are providing, particularly for those expecting a baby and their partners. There are also the quit aids to help people to swap to stop—to move to vapes, which I think we all recognise can be a useful quit aid. They are not harmless, but are less harmful than smoking cigarettes.

We are working at pace with online retailers on how to support them to ensure age verification, and I hope that we will be able to say more about that. The issue of duty-free sales is a tricky one, as my hon. Friend the Member for Harrow East will appreciate, because we do not want to put the burden of legality on the purchaser. The idea is that it should be illegal to sell, and, of course, we have jurisdiction only in the United Kingdom, but I take his points on board and will come back to him on that.

The hon. Member for York Central is right that we need to do everything we can to stop advertising. There are already very strict rules around advertising, and smoking and vaping are severely restricted when it comes to advertising to children. But I think—I hope that the hon. Lady will agree—that the vaping measures, including the powers to limit packaging, flavours and in locations in stores, will do a lot to reduce the appeal to children, which I know we are all incredibly concerned about.

[Dr Johnson]

I say, first, that I fully support this Bill and what it intends to do. Having worked in respiratory medicine in my very first job as a doctor, I saw far too many people suffering from and dying of respiratory illness, and suffering through the final years of their life due to respiratory illness caused by smoking. I think this is excellent legislation.

My right hon. Friend talked about advertising being quite restricted, but, with vaping, we see sports teams—rugby teams and football teams—using vaping brands as adverts for children. These are not recreational substances, or should not be recreational substances. They are supposed to be quit aids and do not need advertising where children can see them.

[Dame Andrea Leadsom]

My hon. Friend makes an extremely good point. She will be interested to know that I have recently written to the Advertising Standards Authority to ask about how well it considers enforcement to be working, and what more it can do to enforce the already strict regulations. I am happy to share its response, when it comes, with all members of the Committee.

[Rachael Maskell]

rose—

[Kirsten Oswald]

rose—

[Dame Andrea Leadsom]

I will give way to the hon. Member for York Central and then to the hon. Member for East Renfrewshire.

[Rachael Maskell]

I am really grateful to the Minister for the work that she is doing in this area, but clearly, for vaping, there is not equality with smoking in terms of an advertising ban. For simplicity’s sake, equalising the law would make a significant difference. We often think about packaging in shops, but today, the social media space is an incredibly powerful tool that young people are exposed to on a continuous basis. Therefore, extending the advertising, promotion and sponsorship ban could have such a significant impact, and it could be legislated for simply. As we have got so accustomed to the advertising ban for tobacco products, it can simply be translated for vapes. Will the Minister look into that?

[Dame Andrea Leadsom]

With your permission, Dame Siobhain, I will take the intervention on the same subject from the hon. Member for East Renfrewshire.

[Kirsten Oswald]

Is the Minister able to tell us a bit more about the interaction with the Advertising Standards Authority? What jurisdiction does it have in relation to the advertising of vapes on football strips, for instance? Is it not in fact our job to deal with that, rather than the job of the Advertising Standards Authority?

[Dame Andrea Leadsom]

In response to all those points, I am extremely sympathetic to the need to clamp down on advertising. It seemed to me, when I came to the Bill, that it was important to get a “Where are we now?”-type assessment of what the current regulations say, how well they are being enforced and what more needs to be done. Like many colleagues, I am interested to hear what the Advertising Standards Authority has to say about that, and I am sure we will come back to this subject.

The hon. Member for York Central raised age verification. As she knows, retailers will be required to challenge and seek age verification from those who are born on or after 1 January 2009. As the Bill continues its passage, we will look at the amendments that have been tabled and consider whether there is a need to change that age verification requirement. At the moment, I think the Bill strikes the right balance. As I said at the beginning, it is essential that we make progress with the Bill in the short time remaining in this Parliament.

The hon. Lady’s points about the visitor economy were well made. It is essential that we ensure wide communication about the new measures in stores, at the point of sale; to retailers, who will have just over two years to enforce this legislation and undertake the training; and to members of the public. I commend the clauses to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Clause 3

Tobacco vending machines

Question proposed, That the clause stand part of the Bill.

[Dame Andrea Leadsom]

The clause restates the ban on tobacco vending machines in England and Wales. This prohibition came into force in 2011 in England and 2012 in Wales through regulations made under the Children and Young Persons (Protection from Tobacco) Act 1991, which made it an offence for anyone who manages or controls premises to have a tobacco vending machine available for use. The offence applied to selling both tobacco products and herbal smoking products from a vending machine. Herbal smoking products were included due to their harmful nature when smoked.

The prohibition was originally introduced because tobacco vending machines were largely unsupervised and allowed under-age access to tobacco. In 2010, 8% of 11 to 15-year-olds who regularly smoked said that vending machines were a usual source of cigarettes. This policy has successfully reduced smoking rates among young people and has been effective at enabling the age of sale restrictions to be implemented and enforced properly.

The existing legislation has been restated to provide a coherent narrative in the Bill on tobacco measures and to assist with the tidying of the statute book. I therefore commend the clause to the Committee.

[Preet Kaur Gill]

We of course support the aims of this clause, which as the Minister said, effectively restates regulations that were introduced under the previous Labour Government, making the person who controls or is responsible for the management of premises where a vending machine is located liable to commit an offence if tobacco sales are made.

We are concerned about how easily children could access tobacco from vending machines, and the availability of tobacco from machines undermines efforts by adult smokers to quit. As the Minister said, when Labour introduced these regulations, evidence showed that vending machines were a usual source of cigarettes for 12% of young people aged 11 to 15 who were regular smokers. I venture that is 0% now, so the measure has been effective. Why has she decided to re-enact existing law on that matter through the Bill, given the existing regulations?

On a wider point, the purpose of those regulations was to stop children readily accessing tobacco products, but I note that the Bill contains no similar provisions on the availability of other vaping and nicotine products through vending machines. I would be surprised if her officials had not looked at this issue, but there is no mention of vending machines in the entire 164-page impact assessment, despite reports of new vending machines being introduced in England that include an automated age-verification feature.

I am keen to hear the Minister’s thinking on that point. Could vending machines undermine other regulations in the Bill that are providing powers to regulate vape and nicotine product points of sale and displays, as well as reinforcing and closing the loopholes on the age of sale?

--- Later in debate ---

[Dame Andrea Leadsom]

The purpose of clause 3, as with a lot of the clauses that we will debate in line-by-line consideration of the Bill, is to tidy up the statute book for the whole tobacco regime, both to align all four nations and to make sure there is a clear understanding of the law where it relates to tobacco, tobacco products and vaping. The fundamental purpose is to tidy up the statute book by restating it with clarity at this critical time.

My hon. Friend the Member for Sleaford and North Hykeham made a point about vaping and vending machines. As she will be aware, the Government are taking powers in the Bill to look at issues such as location of sale, packaging and flavours. It was felt that it was important to have further consultation under those powers to look at issues such as whether vaping products should be sold in vending machines. It will be debated at a future time under those regulations. The key point is that we have clarity in the Bill.

[Dr Johnson]

I thank the Minister for that information. She talks about location of sale. I understood location of sale to refer to a geographical location, rather than a method of sale, such as through vending machines. Could she be clearer on that point?

[Dame Andrea Leadsom]

I will get back to my hon. Friend on that point, which is a good one. This clause and many others are intended to tidy up the statute book, rather than to introduce new subjects that would be more appropriately considered somewhere else.

[Kirsten Oswald]

I wonder whether I can reflect some of the Minister’s words back to her. She talks about clause 3 providing clarity, but I am afraid that I do not think it provides clarity—it adds a degree of confusion. This is the Tobacco and Vapes Bill, and it is reasonable that people look for measures relating to both those products. It adds an unwelcome level of confusion for us to deal so differently with vapes.

[Dame Andrea Leadsom]

I am grateful to the hon. Lady for her views. As I said earlier, I will take away all the views expressed in Committee and reflect on them. I am grateful to her for her comments.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Sale of unpackaged cigarettes

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to debate clause 38 stand part.

[Dame Andrea Leadsom]

Clauses 4 and 38 restate that it is an offence if tobacco retailers do not sell cigarettes in the packaging in which they are supplied. Selling unpackaged cigarettes is currently an offence in England, Wales and Scotland under the Children and Young Persons (Protection from Tobacco) Act 1991. The prohibition was originally introduced to reduce smoking among children, because there was evidence that children were purchasing single cigarettes. As with clause 3, we have included these provisions to help to tidy up the legislation related to the age of sale for tobacco products, so that it is clear for tobacco retailers, enforcement agencies and other relevant parties across the UK.

The clauses ensure that the sale of loose cigarettes continues to be prohibited and that cigarettes are sold in the appropriate packaging. Additionally, clause 38 inserts the definition of “retail packaging”, aligning with the definition used in England and Wales. I commend the clauses to the Committee.

[Preet Kaur Gill]

Clause 4 is another that re-enacts existing law that we support. The sale of unpackaged cigarettes is a practice used to short-circuit the enforcement of age of sale law and other regulations such as flavour bans, and only benefits the illicit trade.

Particularly now that the Government have introduced the track and trace system, packaging is useful in monitoring the flow and patterns in the trade in tobacco products around the country. However, it is notable that the clause opts to restate the law’s focus on cigarettes instead of other products. In 1991, the Government faced a lot of opposition from Members on their Back Benches when they proposed to include cigars in the definition, so can the Minister tell us why she has not considered extending the provisions and treating other tobacco products in the same way? Can she reassure me that trading standards has not found instances of, for example, cigars or hand-rolling tobacco being kept and sold unpackaged, and that that does not have the potential to be a loophole that will later need to be closed?

[Rachael Maskell]

I support the points that have already been made, but I will not repeat them, because they have been made eloquently.

Why is the fine in clause 4(2) only at level 3, whereas elsewhere in the legislation the fines are at level 4? We know that cigarettes being sold as single items, and packs being broken up and sold in that way, encourages people to smoke. We also know that they will be targeted at children and young people, as well as people in greater deprivation.

There are 14.5 million people in our country who are living in poverty, and there is a much higher prevalence of smoking in that population. The increase in the price of tobacco products has been a major determinant of how much people smoke and whether people smoke at all. It therefore seems perverse that the fine applied to breaking up cigarette packs is less than that applied elsewhere in the Bill, where there is a level 4 fine. Can the Minister explain the reasoning behind dropping the level of fine? Why is it not in line with the other measures in the Bill?

[Dame Andrea Leadsom]

I do not have all the answers to hon. Members’ questions. The purpose of the clause is to restate and clarify the statute book, so the answer to many of the “Why haven’t you done this or that?” questions is that the intention was to tidy up the statute book rather than address all the other potential issues that could be solved. I will certainly come back to hon. Members with the answers to their questions.

As colleagues will appreciate, there are thousands of potential add-ons to the legislation, but it is important to remember that the core purpose of the Bill is to create the smoke-free generation. On those well-made points and suggestions, I do not know whether they were considered and ruled out or whether they were not considered, but I will come back to hon. Members with answers.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Age of sale notice at point of sale: England

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clause 6 stand part.

Clause 42 stand part.

Clause 50 stand part.

[Dame Andrea Leadsom]

Clauses 5 and 6 introduce a requirement for age of sale notices in England and Wales to align with the new age of sale for tobacco products. Additionally, clause 42 provides Scottish Ministers and clause 50 provides the Department of Health in Northern Ireland with the powers to make provisions about warning statements. Warning statements are notices that reflect the new age of sale requirements. Age of sale notices currently must state in a prominent position:

“It is illegal to sell tobacco products to anyone under the age of 18”.

Clauses 5 and 6 update the wording of the notices so that they now reflect the requirements of the new age of sale. They will therefore state:

“It is illegal to sell tobacco products to anyone born on or after 1 January 2009”,

alongside the Welsh translation of the statement in Wales.

Additionally, under clauses 5 and 6, the Secretary of State and Welsh Ministers have been granted powers to introduce further requirements on the size or appearance of the notice. This allows for colour requirements and other changes to be introduced in the future should they be needed. Clauses 42 and 50 provide Scottish Ministers and the Department of Health in Northern Ireland with the same powers to set requirements.

Similar powers on the appearance of the age of sale notices have previously been included in legislation and regulations have been made, but these powers broaden the scope of the provisions. We do not anticipate requiring further amendments beyond the text of the age of sale notices prior to the change in the age of sale.

The updated wording on age of sale notices will support tobacco retailers in implementing the new age of sale restrictions by helping to clarify and underline it for customers and staff. I therefore commend the clauses to the Committee.

[Preet Kaur Gill]

I support the clause. For consistency and public acceptability, it is important that there is clear and consistent messaging to help the public understand the changes. It is already a requirement for premises to display notices to sell tobacco to under-18s, so I cannot see there being any issue in the implementation of the clause. Indeed, it is in the interests of retailers to have standardised notices across shops as we know that asking for ID is an issue that can cause customers to give shop workers grief at the till. When someone can say, “I am sorry, but it is the law and I could be fined or even have my ability to sell these products taken away,” that will greatly aid them in their job.

When customers can see that there is consistency across all retailers and that there is not the scope to twist anyone’s arm or get the impression that the issue is not taken seriously, we will see more people follow the rules. As we would expect, the responses to questions in the consultation were overwhelmingly supportive, with opposition mainly limited to arguments against the progressive rise in the age of sale.

Will the Minister comment on the consideration she has given to other forms of words, some of which she mentioned? Should the wording of the notice be limited to the focus on the age of sale and not, for example, proxy sales? Although one is the responsibility of the retailer and the other of the customer, would it not reinforce the understanding of the law and make people think twice about committing that offence? Will she set out the Government’s thinking on that? However, I support the clause.

[Dame Andrea Leadsom]

The hon. Lady makes a fair point. The clarity of the single message is, on balance, considered to be more important. If it is absolutely clear that products may not be sold to anyone who meets the 1 January 2009 criterion, that clarity and simplicity makes the message more punchy.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6 ordered to stand part of the Bill.

Clause 7

Sale of vaping products to under 18s

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clauses 8 and 9 stand part.

Clause 44 stand part

Clause 51 stand part.

Government amendment 25.

Clause 53 stand part.

[Dame Andrea Leadsom]

Before I speak to the clauses, I want to set out, for the purposes of clarity, what we mean when we refer to vapes. Different terminology is used in law, depending on whether we are referring to legislation for England and Wales, for Scotland or for Northern Ireland. However, although there may be minor differences in terminology, the products are the same. When referring to vapes, e-cigarettes or nicotine vapour products, I will use the generic term “vapes” throughout.

Vaping is never recommended for children. It risks addiction and unknown long-term health impacts while their lungs and brains are still developing. These clauses are important to ensure that vaping products and nicotine products cannot easily be accessed by children.

Clause 7 will mean that it continues to be an offence to sell a nicotine vape to a person under the age of 18 in England and Wales, and anyone found guilty of the offence will be liable to pay a fine of up to £2,500 if convicted. The clause will also extend that age of sale restriction to non-nicotine vapes, as we know that children are accessing those products. The provision on non-nicotine vapes will come into force in both England and Wales six months after the Bill receives Royal Assent, to allow retailers time to introduce the measure. The clause provides businesses with certainty about whom they may legally sell products to, and reinforces our health advice that children should never vape.

Clause 8 will mean that it continues to be an offence for a person aged 18 or over to buy, or attempt to buy, a nicotine vape on behalf of a person under the age of 18. The clause will also extend those restrictions to non-nicotine vapes. Non-nicotine vapes may be used as a gateway for children to start using nicotine vapes, which is why the clause extends the scope of the current restrictions to include non-nicotine vaping products.

Clause 9 will close an existing loophole and make it an offence to give away a vaping product, or a coupon that can later be redeemed for a vaping product, to someone under the age of 18 in England and Wales. Given the clear and unambiguous health advice that children should not vape, and the fact that under-18s cannot legally be sold a nicotine vape, it is completely unacceptable that the industry is not prohibited from giving free samples of vapes to children. That loophole needs to be closed to ensure that we can protect children from addiction and potential health harms.

Clause 44 will amend Scottish legislation to extend existing regulation-making powers to prohibit or restrict the free distribution and nominal pricing of vapes to cover nicotine products such as nicotine pouches. Regulation-making powers on the sale of nicotine products to under-18s, on proxy purchasing and on free distribution to under-18s are provided for England and Wales in clause 10 and will be discussed separately.

Similarly, clause 51 will give the Department of Health in Northern Ireland regulation-making powers to prohibit the sale of non-nicotine vaping products to persons under 18. That will align with measures in the Bill for England and Wales and with measures already in place in Scotland for this offence. To ensure alignment across the UK, clause 53 will provide the Department of Health in Northern Ireland with regulation-making powers to prohibit the free distribution of nicotine products and non-nicotine vaping products to those under the age of 18. I commend clauses 7 to 9, 44, 51 and 53 to the Committee.

Government amendment 25 to clause 53 was tabled at the request of the Health Minister in the Northern Ireland Executive. It will change the mode of trial and maximum penalty for an offence of free distribution of nicotine products or non-nicotine vaping products in Northern Ireland, removing the potential for anyone convicted of the offence to be imprisoned. Instead, on conviction, the penalty will be a fine not exceeding level 5 on the standard scale in Northern Ireland. That small change will align the penalty that could be imposed with the penalty for the age of sale offence for vapes in Northern Ireland. I am sure that the Committee will agree that that is a more proportionate penalty for the offence. For those reasons, the UK Government accept the amendment.

[Preet Kaur Gill]

First, I want to make some general points about these first vaping-related clauses of the Bill. We agree fundamentally with the Government in their efforts to find a balance by phasing out tobacco use and cracking down on youth vaping while being careful not to undermine the proven success of vaping as a stop-smoking aid. There is no doubt, however, that the rise in youth vaping is a serious concern.

My main question about the Government’s response is “What took them so long?” Labour proposed measures more than two years ago to stop vapes being branded and marketed to appeal to children, but that was blocked by the Government. I am glad that the Government have listened to us. I hope that they will continue to do so as we debate the Bill; I firmly believe that some of its provisions can still be strengthened.

I am pleased by the inclusion of clause 7. Coupled with clause 34, which defines a vaping product in a way that includes non-nicotine vapes, it will tackle a substantial loophole that we have been calling on the Government to close for a long time. Youth vaping is a serious and growing issue. In 2021, Labour voted for an amendment to the Health and Care Bill to crack down on the marketing of vapes to children. Since then, according to the most recent survey by Action on Smoking and Health, the number of children aged 11 to 17 who are vaping regularly has more than trebled. That is more than 140,000 British children. Meanwhile, one in five children have now tried vaping. In clause 7, a couple of issues therefore intertwine.

I think most people would be surprised to learn that it is legal to sell non-nicotine vapes to children, which could so obviously be designed as a gateway to addiction to the real thing, as the Minister mentioned. It is doubly concerning when we think about the illicit vapes that end up on British shelves. Testing by Inter Scientific, from which we heard last week, has found that a considerable percentage of seized vaping products that it tested contained nicotine, even when they were marketed as 0%.

That is highly concerning. It means that for the past several years, we may have seen a spate of accidental addictions among children. According to survey data from ASH, 9.5% of vapers aged 11 to 17 exclusively puff on so-called 0% nicotine vapes. Analysis of that and of data from the Office for National Statistics suggests that at least 40,000 child vapers could have been exposed to nicotine-containing vapes without their consent, becoming accidentally addicted by illegal products masquerading as nicotine-free that, under existing regulations, they are allowed to buy. That is an important testament to why not just regulation, but effective enforcement— especially over the illicit market—is vital to the success of the Bill.

The two-tier system of regulation for nicotine and non-nicotine vapes is not robust. The exclusion of non-nicotine vapes from the Tobacco and Related Products Regulations 2016 is important for a few reasons. Primarily, it is confusing and more difficult to enforce the rules on the ground if it is not clear which products contain nicotine and which do not. As 0% nicotine vapes are out of the scope of the current regulations, they do not need to be notified through the Medicines and Healthcare products Regulatory Agency process, on which trading standards officers often rely to identify illicit products. I raised that point with the Minister in a debate in January and am keen to seek clarity. Does the Minister think that all producers should have to notify vape products, regardless of nicotine content, to the MHRA?

I note that clause 71 provides the power to extend the notification process to non-nicotine vapes, but the Government have not, to my knowledge, explicitly expressed a view on the matter. Will the Minister do so now? In theory, including non-nicotine vapes in the notification process should allow for a complete database of products. Currently, it is difficult to identify which products are legal or illegal, which really undermines enforcement action.

As we heard in evidence, the impact of vaping products on the developing bodies of children has the potential to be very harmful. It is vital that we take every step to make sure that our systems of regulation and enforcement are as robust as possible to stop a new generation of products hooking our children on nicotine and harming their long-term health. We absolutely support the clause, and I am keen to hear the Government’s view on the issues that I have raised.

I have no substantial comments to make about clause 8. It is a common-sense reapplication of the principles of clause 2, which we have debated and which I support.

Clause 9 will finally address a loophole that I regret to say the Opposition raised in an amendment to the Health and Care Bill in 2021; I am glad that it is now receiving the Government’s attention. Our 2021 amendment would have prohibited the free distribution or sale of any consumer nicotine product to anyone under 18, while allowing the sale or distribution of nicotine replacement therapy licensed for use by under-18s. The then Minister rejected the amendment. To quote my hon. Friend the Member for City of Durham:

“There was no evidence of a serious problem, but the Minister sympathised with the argument for preventive action.”—[Official Report, 22 November 2021; Vol. 704, c. 56.]

Two and a half years later, it is clear what a widespread issue this has become. It goes without saying that Opposition support clause 9, which will close the loophole, as well as clause 44, which will introduce powers for the Scottish Government to extend the existing powers to regulate the free distribution of vapes and other nicotine products such as pouches, as mentioned by the Minister. Likewise, clause 51 will mean that age of sale restrictions can be extended to non-nicotine vaping products.

Finally, clause 53 relates to the free distribution of vapes and nicotine products in Northern Ireland, whether or not they contain nicotine. As I have discussed, I am very concerned that that has presented a loophole that has undermined enforcement, so I support a consistent approach across the United Kingdom. May I ask the Minister to set out what the words “in the course of business” will mean in practice when it comes to the free distribution of harmful products, given that we would expect any person caught out by the provision to argue that there is no “business” in giving away something for free? Of course, we know that that is not true in the case of addictive products, but I will be grateful if the Minister can reassure me that the clause will do in practice what it needs to do. Can she also please reassure me that it will not prohibit under-18s from accessing nicotine replacement therapies?

I reiterate that the Opposition support these clauses, but I am very interested in the Minister’s views on how the Bill should affect the notification process for vapes.

--- Later in debate ---

[Rachael Maskell]

I am grateful to the hon. Lady for the point she made. Certainly, I did highlight that transitional benefit of moving from smoking to vaping to, hopefully, stopping altogether. However, we must also highlight that vaping is not without risk, and we need to give that serious consideration. I am just concerned that the Government are slightly light, shall I say, in terms of their concern about vaping, in order to drive down the smoking. I absolutely understand that, because smoking kills, but I just think that we could be on the “too light” side. I know that it is about balance, but I hope that we can reflect on that during the course of the Bill.

I want to draw out one question that I have about clause 9 and giving away vapes. I certainly understand why the measures would be applied to industry, but I want to ask about public health measures that could be deployed. I recognise that the clause is about under-18s, but unfortunately, despite the current legislation, we know that many people under 18 smoke, and we obviously need to ensure that they stop and move into a safer space. The Government have been very much pressing the idea that vaping is a route out of smoking. Does the Public Health Minister see vaping as a means to help people under the age of 18 to stop smoking, or will they have no access to vapes? I would just like some clarity around that. Clearly, there are other smoking-cessation programmes and products available, but it would be useful to know the answer to that question. If vaping is to be used in that way, and clinicians are to be able in future to prescribe or indeed provide vapes for young people to stop smoking—if that was the only tool—we need to understand whether we are to have a blanket ban in the Bill. It would be very useful to understand that.

[Dame Andrea Leadsom]

Once again, I thank all hon. Members for their thoughtful and considered remarks —I really do appreciate them. Essentially, the questions are pretty much around the product notification and the availability of quit aids to under-18s. Hon. Members may not have spotted this, but the notification of vapes to the MHRA is something on which we are taking powers. There will be a further consultation on that point because it did not come under the scope of the original consultation. We will have the powers to require notification of vapes to the MHRA.

The other point that has been raised by a few colleagues is, “How do we help under-18s to stop smoking?” Under the MHRA, there is licensed nicotine replacement therapy, which is licensed for 12 to 18-year-olds. Of course, all under-18s can go to their local stop-smoking services.

To the point from the hon. Member for York Central about whether young people should be able to access vaping as a quit aid, my instinct would be, “No, absolutely not,” and I think that that would be her instinct also. However, I must slightly correct the record: it is certainly not the Government’s position that vaping is in any way safe; it is merely less harmful than smoking. I would reiterate that if you don’t smoke, don’t vape. And children should never vape, so they should not be turning to vaping, even as a quit aid. In my view, that would also be the thin end of the wedge, because people would simply say, “Well, I am only vaping because I am trying to stop smoking.” I cannot imagine that ever being a suitable way to help children to stop.

[Bob Blackman]

One issue that has been raised in the debate is non-nicotine vapes and the potential to get people on to vaping, followed by the escalation, presumably, to nicotine and then, potentially, as has been mentioned, to cigarettes. What action will my right hon. Friend take—although not necessarily in these clauses—to make sure that that escalation path cannot be followed?

[Dame Andrea Leadsom]

My hon. Friend raises an important point. The legislation covers non-nicotine vapes, and unfortunately, as has been pointed out, a number of illicit so-called non-nicotine vapes have up to 30% nicotine content, which has completely undermined the argument for those. Quite clearly, they are designed by the industry to get people hooked on the idea of vaping so that it can get people on to higher nicotine levels in due course. That is why the legislation covers non-nicotine vapes and all tobacco and vaping products.

[Preet Kaur Gill]

What more can the Minister do about the growing illicit market in vapes? The MHRA’s evidence was interesting; it said that a lot of what is in the notification process is considered illicit, but the Minister did not have the figures and she was going to provide those to us. There is an issue there in terms of triangulation and what trading standards has found to be illicit and not compliant with the notification process. At the moment, the MHRA does not have the powers to withdraw those products; it is down to the provider themselves to remove them from the notification process and then to become compliant and to reapply again. That does not seem to be the right approach, because the manufacturers are marking their own homework in terms of what they are notifying. The Minister also recognised that what might have been notified and what actually comes into the country are very different. There has to be a better way of ensuring that we grip the illicit vapes market—hence the requirement for the notification process to include non-nicotine vapes that contain nicotine.

[Dame Andrea Leadsom]

The key point is that legal vaping products must be notified to the MHRA. If they are compliant, they go ahead. If they are not compliant, they go away and make themselves compliant. That is how the system works at the moment. With illicit vapes, it is an entirely different issue. I can point the hon. Lady to the evidence. When the age of smoking was raised from 16 to 18, the number of illicit cigarettes reduced significantly, so it is our expectation and hope that the same will be true with illicit vapes.

At the same time, as the hon. Lady will be aware, there was an announcement to impose an excise duty on vapes. A benefit of that, which she and I remarked on after the evidence sessions last week, is that we hope that that would enable His Majesty’s Revenue and Customs to enter the vape market into the track and trace that already exists for cigarettes and therefore to have much better control over what products come on to the market. I am sure we will talk further about that during the passage of the Bill.

[Preet Kaur Gill]

On that basis, does the Minister think that the MHRA should have the powers to test a percentage of products that come on to the market, given that we already know that what is being notified to it is non-compliant and given what is coming into the country? I appreciate her comments on the excise duty, but does she have a timescale for when we could see a track and trace system, as we have for tobacco, extended to vapes?

[Dame Andrea Leadsom]

As the hon. Lady will know, the MHRA is not an enforcement body; enforcement is for trading standards. As I mentioned earlier, there will be new resources for trading standards, as well as new training and guidelines. Also, fines will go direct to local authorities, which employ enforcement officers, so there will be a huge ramping-up of enforcement on illicit vapes, non-compliant vapes and so on. That is the place for enforcement.

On the MHRA and notification of other types of vapes, there will be powers, and the consultation will take place in due course.

[Rachael Maskell]

While the Minister is doing the work on vapes, will she also look at nicotine pouches, which are incredibly concerning? We have heard that the strength of the nicotine in pouches far exceeds that in vapes. People are therefore getting a very high dose of nicotine and are sometimes not aware of the level they are getting.

[Dame Andrea Leadsom]

I am frantically looking through my pack here. Clause 10 covers nicotine pouches, so we will come on to that—[Interruption.] The Whip is saying it will be after lunch, if that is not too much of a sneaky “get out of jail” card. With the hon. Lady’s acceptance, I will defer that until later.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clauses 8 and 9 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Aaron Bell.)

Tobacco and Vapes Bill (Third sitting)

Andrea Leadsom Excerpts

Committee stage
Wednesday 1st May 2024 Public Bill Committees

[Preet Kaur Gill]

Q Finally from me, and this question is for Frank and Michael, the latest ONS figures in 2022 show smoking prevalence in Wales and Northern Ireland remaining constant rather than continuing to fall in the way that it did in England and Scotland. Do you think Wales and Northern Ireland have specific challenges related to smoking prevalence?

Sir Francis Atherton: It is certainly true that we are not going as fast in Wales as we would like to see. Smoking prevalence has dropped, from about 22% in 2020 down to 13% at present, but our target is to reach 5% by 2030, and we are not currently predicting that we will meet that target unless we go further and faster. We believe that this Bill will enable us to do that.

You asked for the reasons. One of the reasons is that we have deep-seated sociodemographic problems in Wales, which you have been referring to. Given the inequity that we see, meeting the needs of current smokers from those really deprived socioeconomic groups is really quite a challenge. We are doing everything we can in Wales to try to address that through “Help Me Quit” and smoking cessation support, but we really need to prevent the next generation from coming on board with smoking.

Professor Sir Michael McBride: Just following on from Sir Frank’s comments, you are absolutely correct that, while population prevalence of smoking sits at around 14% at the moment—behind the 12% in England and the 13% in Wales—we are doing slightly better than Scotland at the moment, which is sitting at about 15%. The figures for the Republic of Ireland are somewhere in the region of 18%. There is absolutely no doubt that we have the same socioeconomic drivers, in terms of social deprivation and health inequalities, that are fuelling this. Should the Bill succeed and pass into legislation, I see this as a once-in-a-generation opportunity to make a significant change to protect future generations and their children from all the harmful consequences of smoking tobacco and other forms of tobacco use.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

Q I thank all you chief medical officers for being here; we appreciate it. You will understand that your witness evidence is crucial to easing the passage of the Bill. I would like to get you on the record talking, first, about the start of life. The shadow Minister has just asked about pregnancy and, only this week, I was talking to a neonatal nursing lead, who said of the pregnancies of women who smoke that the children had a low birth weight and go on to have severe learning difficulties throughout their lives. That is heartbreaking, but also has significant implications for NHS and educational services, and for whole-life costs to the taxpayer. I would be grateful for your comments on that.

At the other end of the age range, elderly people who have smoked all their lives end up with decades of ill health brought on by a lifetime of smoking. I would be grateful, too, if you talked about some of the health outcomes for those who have smoked all their lives—some of the horrors of that. Sir Chris, you told me an anecdote of when you were a young vascular surgeon. For the record, it is important to talk about some of the heartbreak for those who wish they could stop smoking.

Professor Sir Chris Whitty: I completely agree with all the points you made. Starting off with the beginning of life, there are clear and significant increases in stillbirths, premature births, birth abnormalities and long-term effects from smoking just in the pre-birth period. Then, of course, if parents are smoking around babies and small children, that affects lung development and, if children have asthma, that will trigger asthma effects. Young children are significantly affected by passive smoking from their parents. The parents, of course, want the best for their children, but the problem is that they are now addicted to a product that has taken their choice away. We get those problems right from the very beginning, and we have talked about some of the issues in young pregnancies and where that leads.

Moving to the other end of the age spectrum that you were talking about, the full horrors of smoking for most people start to take effect from middle age onwards. At this point, people get a range of things. Everyone knows about lung cancer, I think, and most people know about heart disease, but there are effects on stroke or increases in dementia, which are significant—one of the best ways to delay dementia is not to smoke or to stop smoking at an early stage. That is a huge problem for all of us. Smoking also exacerbates any problems people have with diabetes—it makes that much worse—and people have multiple cardiac events leading to heart failure. In heavy smokers, we see extraordinary effects, like people having to lose their limbs. As you and I discussed, it is a tragedy to be on a ward with people with chronic obstructive airways disease, or on a vascular ward as a vascular surgeon with someone who has just had an amputation, weeping as they light up another cigarette, because they cannot stop, because their choice has been removed. I cannot hammer that point home firmly enough: this is an industry built on removing choice from people and then killing them in a horrible way.

Sir Francis Atherton: Minister, you also pointed out the cost to the NHS. In Wales, we estimate that we have about 5,500 deaths every year from smoking-related diseases. If we look at admissions to hospital, about 28,000 in the over-35 group is about 5% of overall hospital admissions. That is an enormous burden to the NHS. On a more personal basis, in a former life I was a GP, and I remember sitting with an elderly gentleman who at the end of his life was suffering with chronic obstructive pulmonary disease. There is no worse death than not being able to breathe when just sitting there. I remember sitting with him as he was trying to talk to me and trying to express that same level of regret that Sir Chris talked about. If you talk to any smokers towards the end of their life, who are facing such terrible ends to their life, the sense of regret that you hear as a doctor is quite overpowering.

Professor Sir Michael McBride: It is estimated that in Northern Ireland there are more than 2,000 deaths each year directly attributable to smoking cigarettes; over the past five years, smoking makes up 12% of all deaths in Northern Ireland. Sir Frank and Sir Chris have clearly described the horrors of the impact that it has at an individual level, and as doctors we have all experienced that. We have all had those conversations with individuals who look back on a lifetime of regret.

On a more personal level, I also think at this moment about the impact that premature death, and the morbidity and mortality associated with smoking, has on families and children. My own father died at 46 years of age, when I was 16, from acute myocardial infarction as a consequence of a lifetime addiction to smoking cigarettes. So, we need to bear in mind the very human costs, family costs and wider societal costs as well. It is not just the cost to the health service, but the societal cost, the family cost and the cost to the wider economy.

Professor Sir Gregor Ian Smith: We should never forget the societal cost that Sir Michael just spoke about. I am the child of two smokers who died in their mid-60s from smoking-related disease. We see it all too often in Scotland. In fact, in Scotland we still have 9,000 deaths a year attributed to tobacco addiction and smoking. That is one death every 61 minutes that families suffer across Scotland as a consequence of addiction to smoking.

As a clinician, one of the diseases that I had become quite specialised in treating and led a lot of work on is chronic obstructive pulmonary disease. That is a smoking-related disease that people develop, often at too young an age, and begins to really impair their ability to participate fully in life—not only in employment, but in the pastimes that they love. Gradually, over time, it becomes worse.

Sir Frank touched on the sense of regret that people have that they ever started smoking in the first place and find themselves in this position. Beyond that, there is an even sadder element: many of the people who experience these chronic life-limiting illnesses have not only regret that they ever started, but guilt about the burden that they place on the health service and their family because of the illness and disability that they develop. That guilt sometimes reaches to the extent that they do not seek full care. Many people’s attitude is, “I deserve this. I started smoking; I need to pay the consequences.” That is a terrible psychological position for any person to find themselves in. Removing the starting point for that addiction, so that people will not experience that through their life, is the aim of the Bill.

Let me make one last point. We talk about the health impacts of all this. The Scottish burden of disease study projects that over the next 20 years, up until 2043, we will see a 21% increase in the general burden of disease across our population in Scotland, despite having a falling population during that time. Much of that projected burden of disease is smoking related; it relates to cancers, cardiovascular disease and neurological conditions such as dementia, which are all influenced by smoking. It is absolutely necessary for us to address this in a preventive way, and I believe that the Bill is a very good way of doing that.

Professor Sir Chris Whitty: I want to reinforce the point that Sir Gregor just made, with which I am sure the Committee fully agrees, that individual smokers should never be blamed for the situation they are in. An incredibly wealthy, very sophisticated marketing industry deliberately addicted them to something, at the earliest age it could get away with it, and they have had their choice removed. It is important that people do not feel guilt and come forward for care, and that no one blames them for a situation that was deliberately put on them by industry marketing.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Q I will continue on the theme of marketing. Do you have thoughts about the measures relating to the product restriction of vapes in the Bill? Are they robust enough, in your mind, to prevent the harm that is caused by vapes, particularly to young people? I am thinking of the study that came out yesterday that, concerningly, suggested a risk to teenagers who vape of exposure to toxic metals, potentially harming their organ and brain development.

As a follow-on from that, I am concerned about the advertising of vape companies on sports kits, which is profoundly unhelpful. When we look at sporting figures who young people can admire, that has absolutely no place. I wonder what your views are on that.

Professor Sir Gregor Ian Smith: My views are very clear on vaping in young people and on sales to the youth categories. This is an activity that we are still learning much about but that the evidence, as it emerges, appears to suggest is very harmful to them. In my conversations with my paediatricians and with the Royal College of Paediatrics and Child Health, they are very concerned about the impacts on health of young people from beginning vaping. Any attempt to make products such as single-use vapes or flavoured vapes, or the packaging used or the marketing around vapes, more attractive to that age group is something that we need to counter and resist.

I would say that the aims of the Bill will allow us the means by which we can properly consult on the way that we attempt to reduce overall vaping use in this age group. I am very clear in my views on this: while I understand that vaping may be an assistance to people who are already addicted to tobacco and nicotine products as a consequence of use of many years—I see that there may be an argument that it allows them to reduce the level of harm they are exposed to—I am not convinced or led by any of the arguments that starting vaping in a younger age group is a safe activity at all. I do not believe that that is the case; I believe that it is harmful to those groups. We must try to counter that, and to counter the marketing machine that Sir Chris has spoken about, by reducing the flavours and packaging that are attractive to younger people.

--- Later in debate ---

[Preet Kaur Gill]

Q We should all be concerned about the increase in the use of vapes by young children, so it is important that the Bill will ban the sale of vapes to under-18s. It will also close the loopholes for under-16s, because we know that vapes are being marketed and given out for free. That is the issue we must address. My concern with the Office for Health Improvement and Disparities being disbanded is on public health messaging. Parents and families are really concerned that some of their children are going through a number of these vapes per day or per week, and they do not know what is a safe amount.

There is a growing illicit vape market, but how would parents know what is illicit or what the Medicines and Healthcare products Regulatory Agency has notified as being compliant? Where is the public health messaging to support schools? We heard really good evidence yesterday from the union. This is my concern: where can people access support and information? We already have a generation of kids addicted to vapes that are marketed as having 0% nicotine, but we know that there is nicotine contained in them. What would you say to that?

Sir Francis Atherton: There is some messaging going on through the various Governments. In Wales we have a “No Ifs. No Butts.” programme, which tries to work at an individual level, to alert people to the dangers that we have been discussing, and with wider society, about the dangers and links between illicit tobacco and illicit vaping and organised crime. Bringing that awareness to the population is really important for those two reasons.

We work with trading standards to try to tackle the issue of illicit tobacco and vapes. It is important that we continue that. My understanding is that wherever we have been successful in reducing demand, which the Bill intends to do, the illicit supply also decreases. We would expect that to be a consequence of the Bill.

Professor Sir Chris Whitty: One of the many talking points of the cigarette industry is, “Well, any kind of downward pressure on cigarettes would lead to an increase in the illicit market.” All the evidence shows that the reverse happens. When you bring in reduced demand, the illicit market decreases.

[Dame Andrea Leadsom]

Q I think we might be out of time, but I have one more question. In the passage of the Bill, there is a concern that some may wish to fix flavours on the face of the Bill, rather than allow the powers. Sir Chris, can we have a comment on the record on how damaging that would be?

Professor Sir Chris Whitty: That would be very damaging, because we know that this is one of the most innovative marketing industries in the world. That is how they have managed to sell to people something that will addict them and then kill them. If we give them room for manoeuvre by nailing things down, they will find a way around it, because they always have found a way around regulations. I am absolutely supportive of the comment you have just made.

[The Chair]

I am afraid this brings us to the end of the time allotted for the Committee to ask questions. I thank all the witnesses, because you answered a huge number of questions and provided great information.

Examination of Witnesses

Professor Sir Stephen Powis and Kate Brintworth gave evidence.

--- Later in debate ---

[Preet Kaur Gill]

Q Would you like to say anything about admissions of young people in relation to smoking?

Professor Sir Stephen Powis: I will make a few broad comments on smoking, if I can. Seventy-eight years ago, Parliament passed the National Health Service Act 1946, which led to the formation of the NHS on 5 July 1948. In my view, the legislation that you are considering here today is one of the most important—possibly the most important—pieces of legislation since the passage of that Act. Why? Smoking has an extraordinary impact upon the health of the nation, and of course directly upon the NHS.

To put that into a bit more context—you have heard some of this already, but maybe I will provide some more detail—smoking is associated with, or causes, over 100 individual conditions that are managed and treated within the NHS. It impacts the NHS at all levels: almost every minute of every day there is a hospital admission related to smoking; there are over 100 GP appointments every hour for smoking-related disease; and 400,000 admissions a year are related to or associated with smoking. You have heard the chief medical officers briefly talk about the impact on specific diseases. Lung cancer is the one that everyone knows about, and 80% of lung cancers are caused by smoking. This Bill has the opportunity to transform lung cancer from a common disease into a relatively rare disease, and one that clinicians of the future will not see in any way as commonly as clinicians of my generation.

It is not about just lung cancer; you have heard about the impact on cardiovascular disease, and clearly, chronic obstructive pulmonary disease would again become a rare disease for the clinicians and the patients of the future. This Bill can also have an early impact on diseases that affect young people. Asthma is a disease not caused by smoking but a condition exacerbated by it. We see such admissions particularly over the months when asthma is worse and when there are respiratory infections, which are no doubt exacerbated by smoking.

In mental health, smoking doubles the risk of developing depression. More than one in two people with severe mental health conditions smoke, and the life expectancy of those with mental health conditions is reduced because of smoking. Mental health issues in our young people and children are well-known and well-described, and smoking simply exacerbates them. There is great potential, even in the early years, in the passage of this Bill for an impact on conditions that we see and manage in the NHS. Over the long term, that potential impact is extraordinary on those conditions, which number over 100.

You may know that I am a kidney doctor, but you may not know that smoking can impact on kidney disease. The kidney, like any organ, is supplied by blood vessels. When smoking impacts on the health of blood vessels and causes vascular disease, that can reduce the bloody supply to the kidney, which can cause kidney failure and lead to dialysis and transplantation. There is a large range of conditions that are impacted by smoking, and it will be extraordinary for those clinicians of the future not to have to do what we have done—tell patients and their families that people are going to die prematurely. That is an extraordinarily difficult thing for clinicians to do. Those are preventable diseases, and this Bill will prevent them.

[Dame Andrea Leadsom]

Q Thank you so much for being here today. As I said to the chief medical officers, you will appreciate that your words can be very helpful in smoothing the passage of this very important Bill. I would like to talk to Kate, please, about the impact of smoking on mothers who are pregnant. What is the impact on their babies, on the delivery of the baby, and on the baby’s health outcomes? If you could give us an outline, that would be very helpful.

Kate Brintworth: It is important to start with the fact that we know that smoking is the single biggest modifiable risk factor for pregnancy, and we know that every women who gets pregnant wants the best for her baby. As a midwife, I have never sat in front of a woman who does not want the absolute best for her baby. It is important to build on what Chris Whitty said around the removal of choice. Women will go to extraordinary lengths to protect their bodies and babies to ensure that their children have the best start in life, and yet the quit rates that we see in pregnant women are between 30% and 40%, showing how difficult it is for women to extricate themselves from the situation in which they find themselves.

The effects are devastating: stillbirths are increased by 47%; you are twice as likely to have a baby that has not grown properly; and you are 27% more likely to have a baby that is born pre-term. You are more likely to have complications of pregnancy, such as bleeding, the placenta not forming properly or the waters that surround the baby breaking earlier with the risk of infection, so there are immediate effects that we can see. If a baby is small, it goes into labour more vulnerable to the stresses of labour, so we can have more complications there. If a caesarean section is needed, the mother is more vulnerable to recovery and it can be a much harder road to recovery for her, with the risk of infection and blood clots, but also for the baby. If the baby is born early, obviously the risk then is that the baby and mother are separated and you have this unnecessary trauma to a family of a baby having to go into a neonatal unit. The risks that come from prematurity are well-documented for children, for educational attainment and for their lung and health development, but when the children go home, they are more at risk of sudden infant death syndrome—up to three times more—in a smoking household.

There are then the long-term effects. We have already heard about asthma, chest infections and obesity. All those are heightened in children born into smoking households. You have a situation where children are at risk and women are at their most vulnerable when they are pregnant, and it really feels like it is our duty to support this Bill to protect the most vulnerable in our society, because there are the effects of having a child born with possible behavioural problems and malformations, which have been described. Those are really shocking events. I was talking to service users yesterday who have had children in the neonatal unit, and it is incredibly shocking when your pregnancy ends early and you are separated from your baby. There is a mental health impact on the family. There is also the point that this affects those coming from the most socioeconomically deprived backgrounds, for whom having any kind of health challenge makes it a much higher bar to fight.

[Dame Andrea Leadsom]

Q That is very harrowing to hear. Could you further expand on the impact on families of losing a baby due to stillbirth as a result of smoking? How does that impact on their mental health? As you said, parents will do everything they can to protect their baby, but the addiction to cigarettes is so strong that for many it must lead to them blaming themselves for the death of their baby.

Kate Brintworth: The birth of a child is so happily anticipated by every person who gets pregnant. From the moment that you see a thin blue line, you are having a baby. You have hopes and dreams for the expansion of your family, but not just for that individual family: a baby is born, and it is a niece, a nephew, a grandchild, a cousin. It really ripples out across the entire family. When there is then a 35% risk of miscarriage and a higher risk of ectopic pregnancy and, as you said, the absolutely awful, tragic and devastating news that your baby has died when it reaches term, that is something that no parent should ever have to face unnecessarily. It just feels like the worst thing you ever have to do as a clinician to tell someone that their baby has died. Every time I have ever had to do that, it has been the worst point in my career. It is difficult to explain how destroying it can be for families, and we see the long-term sequelae in terms of mental health, to the point where we have put in extra perinatal mental health support for families that have suffered that kind of trauma.

Professor Sir Stephen Powis: Can I pick up on the health inequalities aspect, because I think that is really important and I have the figures in front of me? In 2021-22, 21% of pregnant women in the most deprived areas smoked at the time of delivery, compared with 5.6% in the least deprived areas. That is a really stark difference. Smoking is widely accepted as the most significant driver of health inequalities in the UK. Detailed analysis has concluded that 85% of the observed inequalities between socioeconomic groups could be attributed to smoking. We spend a lot of time in the NHS quite rightly targeting our interventions and support to deprived areas to address health inequalities. At a stroke, this Bill would have the greatest impact that we could possibly see.

[Steve Tuckwell (Uxbridge and South Ruislip) (Con)]

Q Thank you for coming to address us this morning. We heard compelling insight from the chief medical officers earlier. Will you update the Committee on how you see this Bill supporting the NHS in the long term and the short term?

Professor Sir Steven Powis: I have already highlighted some of the short-term impacts, and there will undoubtedly be short-term impacts. Some conditions are exacerbated by smoking, with asthma in children being an obvious one. I have talked about mental health conditions and the way that smoking exacerbates conditions such as depression and chronic mental health illness.

We will start to see immediate effects, but those effects will grow over time. I have given you some of the conditions that are impacted on by smoking—there are well over 100 of them—but I can give some more stats. By stopping children from ever starting to smoke, we estimate that we will prevent about 30,000 new cases of smoking-related lung cancer every year. More than 1.4 million people suffer from chronic obstructive pulmonary disease, which is a chronic disease of the lungs caused by smoking—it causes nine out of every 10 cases. As I said, that is a disease that clinicians commonly see. A common cause of admissions to emergency departments, through the winter particularly, is other respiratory infections on top of COPD—these are diseases that future clinicians will see rarely. They will not see them in the way that clinicians of my generation have had to manage them. The impact will begin immediately, but over time that impact will get greater.

--- Later in debate ---

[Preet Kaur Gill]

Q There seems to be an issue around what is contained in illicit vapes, which we know include things like lead, nickel and high levels of nicotine, versus other vapes that have gone through a notification process. Do you feel that the research on the impacts of illicit vapes is not there, or is it the impact of vapes that have gone through a compliant process?

Professor Hawthorne: There is probably very little research on either.

Professor Turner: If I could just bring a bit of clarity, it is well known that nicotine is bad for us. Sir Walter Raleigh brought it back with some potatoes, and we have known for hundreds of years that nicotine is an addictive drug. As I said previously, it will shorten your life expectancy by between 10 and 15 years. Because we know nicotine is in all nicotine-containing vapes, whether licit or illicit, it is harmful regardless of what the other components might be. It is likely that those other components add to the harm, but there is substantial and well-described harm from nicotine addiction to us as human beings.

[Dame Andrea Leadsom]

Q Thank you both so much for being here. As I said to the other medical professionals, your words today will be incredibly valuable in ensuring the smooth passage of the Bill. Professor Turner, could you explain to us what happens to a baby born addicted to nicotine in terms of the withdrawal symptoms and the impact on its health and development?

Professor Turner: There is not a lot of research on that. Certainly, we know that if you are in utero and your mother is smoking, you will get the harmful effects of nicotine. That is a very good question—I honestly do not know what the effects on the unborn child would be. Certainly, we know that children born to parents who are addicted to morphine or cocaine have learning difficulties. I have to be honest and say that I might have to get back to you on that one, but I can assure you that it is not good to be in utero and exposed to nicotine.

[Dame Andrea Leadsom]

Q Professor Hawthorne, from a GP’s perspective, could you talk us through the impact of second-hand smoking on childhood asthma and how that presents in terms of the innocence of the child and the impact of something being done to them?

Professor Hawthorne: We have known for a long time that passive smoking increases the risk of not just asthma, but upper respiratory tract infections and ear infections. It is very much part of a GP’s role when they are consulting with such patients coming in with these infections to ask about parental smoking. It is interesting that the responses are nearly always the same. If the parent smokes, they will always say, “But I only ever smoke outside.” Of course, one has to take that as it is, but I suspect that they are probably not always smoking outside. It is definitely a well-recognised link, but I am seeing it a bit less than I used to.

Everybody knows about the dangers of smoking. A lot of my patients, when I talk to them about needing to stop smoking, already know what I am saying. Quite often, I will say to them, “Well, you know what I am going to say next, don’t you?”, and they will say, “Yeah, I know. I need to stop smoking.” The conversation then proceeds from there.

We also have evidence that, in general practice consultations, a short intervention can be very effective. We know that people are very pressed for time, and there is only so much we can cover in a 10-minute appointment, especially if the patient is coming with three different problems. But there is good evidence that with even a very short intervention—I think in about 10% of cases—patients will actually stop smoking. It is always worth talking about, and if I get the time, I have a much longer spiel, because you need to think about the behavioural and addictive aspects of smoking. We go through, “When are you most likely to want to smoke? Is it after a meal, when you are on the phone or when you first get up in the morning?” We talk about what else they can do instead. I had one patient who went and dug the garden whenever she wanted to smoke. It is that kind of conversation.

[Dame Andrea Leadsom]

Q We know that it takes up to 30 quit attempts to actually give up smoking. Can both of you give us a clue as to what is it about the 30th attempt that finally gets people over the line? Specifically to Professor Turner, is it being pregnant or having a partner who is pregnant? Is that the thing that makes people finally achieve their goal?

Professor Hawthorne: For adults, it is having that heart attack that maybe you could have avoided if you had stopped smoking before. Again, that is part of the conversation I have with patients. I say, “You are a heavy smoker, and you are at risk. Wouldn’t it be better if you stopped smoking before you have the heart attack, rather than after?” There are things like that, for sure.

We also operate a cycle of change psychological model—the Prochaska and DiClemente model. Essentially, it is a bit like having a clock face. We work out where the patient is on the clock face, and we are trying to get them round the clock to 12. If they are at somewhere like 2 o’clock, that is them saying, “Yeah, I know it is bad for me, but really no way am I going to do anything.” By 4 or 6 o’clock, they are saying, “Yeah, I know it is bad for me. I have tried a few times but it is just hopeless.” By quarter to, they are saying, “I’ve really got to do something”, and by five to, they are coming in and saying, “Doctor, you have to help me stop now.”

[Dame Andrea Leadsom]

Q And is that related to their declining health?

Professor Hawthorne: Not necessarily. It is about pushing people psychologically around that clock face. I try to work out where they are on the clock face and see if I can nudge them a bit further round, until one day they come and say, “I’ve got to stop now. What can you do to help me?”

[Dame Andrea Leadsom]

Thank you.

Professor Turner: As Kamila says, there are myriad drivers—teachable moments. Sometimes, when your child is admitted to hospital with an asthma attack, that might be the thing that makes both parents say, “That’s it.” It might be that the grandmother says to her daughter, “You’ve got to stop for your child.” Legislation might also be one of those teachable moments that make people reflect on their 29 past unsuccessful attempts and think, “I’m going to do it again.” There is no one thing, but there are clearly teachable moments, as we all have when we change our behaviour. As I suggested, I think this legislation will be one of those.

[Dame Andrea Leadsom]

Thank you very much. One last question: do you think the financial incentives for pregnant women and their partners would help?

Professor Turner: I think this is extremely contentious, but the evidence is that it does—sorry, you did ask me about pregnancy before. Pregnancy itself can be one of those opportunities to quit. Those parents who continue smoking—12% in Cumbria—feel terribly guilty. Anything we can do for that person, who has been addicted since she was 15 or 16, can help them to quit. There is no doubt—in Dundee, the trials have shown that, if you give mums incentives, in terms of vouchers rather than money, it helps them to quit, particularly if they are from deprived communities.

[Rachael Maskell]

Q We have already heard how addictive nicotine is, but do we have an understanding of the dosage of nicotine that people inhale through vaping versus through smoking? Secondly, are we missing an opportunity not to introduce a nicotine-free generation?

Professor Hawthorne: I am not a nicotine expert, but my understanding is that there is a risk from vaping, but it is about 5% of the risk from smoking. That is the best I can do in comparing the two. When I talk to patients about stopping smoking, vaping is one of the things we talk about as an alternative, with a view to eventually stopping vaping as well. Of course, there are all the other products: we use patches and chewing gum—all the usual things. It is difficult to quantify exactly how much less dangerous vaping is than smoking.

Professor Turner: Just to supplement that, as a user—if that is the right word—or a customer buying a vape, you can select the dose you want. There are doses that are equivalent to cigarettes and doses that you can wean yourself down on.

You asked whether we would be missing an opportunity if we do not introduce a smoke-free generation. I think we would absolutely be missing an opportunity. If we look back, the legislation on smoke-free public spaces across the UK was landmark. We all remember the days when you went on a plane and there was a smoking bit up front and a non-smoking bit at the back. If we were to go back and say there would be no smoking areas, we would think, “Wow, that would be transformational.” We have come on a journey, and the legislation has been part of it. I see a smoke-free generation as the logical next step, and I really think we have to take it.

Tobacco and Vapes Bill (Second sitting)

Andrea Leadsom Excerpts

Committee stage
Tuesday 30th April 2024 Public Bill Committees

[Preet Kaur Gill]

Q In what circumstances do you envision that local enforcement would not be enough and the Secretary of State would need to use the powers to intervene granted to her by the Bill? That is in clause 64.

Cllr Fothergill: We fully support the local penalty notice being issued by the councils. We believe that that is the right way to go and that it will not clog the courts, but there is always the option to refer to the magistrates court if required. Our big concern is the size of the fine, which we believe needs to be reviewed: £100 or, if paid within 14 days, £50 is hardly a penalty. We argue that we need to have greater opportunity to fine those in contravention of the law. Then, we believe, there would be less and less need for the Secretary of State to be involved. The reason he or she would need to be involved is if we cannot contain it—because we cannot issue enough penalty notices to contain it locally.

Greg Fell: A similar issue would be multi-local authority enforcement scenarios. We know that organised crime networks are not linked to an individual area, so it stands to reason that there will be a need for enforcement that cuts across many authority areas, hence there is a need for networked trading standards. That might also include, possibly, the borders—stopping the imports of illegal vapes and tobacco.

Additionally, as Councillor Fothergill said, we are concerned about the size of the fine. Certainly I hear through DPH parochially, who talk to their trading standards and licensing teams, that when there is a much larger fine that may or may not be linked to the removal of an alcohol licence, that will make a retailer really sit up and think.

[The Parliamentary Under-Secretary of State for Health and Social Care (Dame Andrea Leadsom)]

Q I appreciate you being here. Can you give me an idea of the LGA’s view of a licensing regime? That is not proposed in the Bill, but some people say that licensing would be a better alternative than the measures we are proposing here.

Cllr Fothergill: Certainly. Although we fully support the Bill, we think there could be one or two changes, which I have already referred to—we would like to see amendments—and there is the option of a licensing scheme, which we would support. If it was done on a similar basis to liquor licensing, we would be able to enforce that, because it would be backed by legislation. Of course, we would need to make sure that trading standards were fully funded for that. We would support that, if it was something that the Government brought forward.

Greg Fell: I cannot speak for the LGA’s position; ADPH does not have a formal view on licensing. I would broadly support it, but there is a danger that putting that into the mix delays getting the Bill through Parliament and turned into an Act, and getting the Bill through Parliament is arguably the most important thing.

I would broadly support that, but I come back to the complexity. Vapes are sold in hairdressers and beauty parlours and so on, so we would need to think it through. Arguably, if we are going to get into a licensing scheme, that should be for tobacco and nicotine-containing products, not just vapes; I would personally go to tobacco as well. Critically, the resourcing to make it work properly would need some very careful thought and consideration. All of that would need to be in the mix, but broadly I would support it, with those caveats.

[Dame Andrea Leadsom]

Q You have already said that you do not think the penalties are high enough, but do you think that the enforcement rules as they are, with the proposals to change the packaging, move the location of vapes and so on, will make it easier or harder to enforce? Do you think that enforcement officers will have sufficient time to train and gear up to meet the challenge of the legislation?

Cllr Fothergill: Specifically on vaping, we support the move to plain packaging, moving them away from the counter and restricting flavours—we support all those things. I have to say that we recognise the role of vaping in helping people to give up smoking, but where children and younger people are involved, we want to move the vapes away and make them less accessible. Trading standards will enforce that, as long as there are clear definitions of what can be sold, where it can be sold and who it can be sold to. A lot of the work that they do is evidence-led, so they will work on people who are giving them tip-offs or where they are seeing that there is a trend in an area where those products are being sold. As long as we are resourced and we recognise that a lot of that evidence-led work is required, it is entirely achievable.

Greg Fell: I have a fairly similar view. Largely, trading standards do this work now. The easier and simpler we can make it, and the more we make sure that it is resourced appropriately, the better, but they largely do this job now pretty well.

[Rachael Maskell (York Central) (Lab/Co-op)]

Q My question is for Greg Fell. The clarity and simplicity of knowing where you can smoke has meant that the universal principle of that bar has largely been applied, but it has not applied to vaping to date. Given that vapes contain not just nicotine but cannabis, Spice and other illicit substances, should the same restrictions be applied to vaping?

Greg Fell: Hopefully only illegal vapes contain cannabis or Spice, and not legally produced ones—I sincerely hope that is the case. I have mixed views on vaping in public. I think that Prof McNeill will talk later this afternoon. It is worth reading her evidence review for the Office for Health Improvement and Disparities, which has a whole chapter on the passive inhalation of vapes. The ADPH does not have an official position on the passive inhalation of vapes, but my personal view is that in open spaces I am not too worried about it. In enclosed spaces, I might be, particularly for people who have pre-existing respiratory conditions, but I do not think that the evidence supports it being as big an issue as people think. However, that is definitely a question for Prof McNeill, who is the expert on such matters.

--- Later in debate ---

[Bob Blackman]

I think we should have one.

Cllr Fothergill: I agree.

[Dame Andrea Leadsom]

Q You made a very good case for the age of sale rising each year, but as the LGA, do you think that will be tricky for enforcement purposes? An argument is often made that if you were 40 and I was 41, we would go into a store and I would have to buy your cigarettes for you. What would you say to that as an argument for continuing with the smoke-free generation legislation?

Cllr Fothergill: We have to be very careful that we do not spook ourselves out of doing something that is absolutely right. If people get to the age of 40 and have to show that they are 40 to be able to buy cigarettes, that is what they should do. I am sorry to say that I am 67. I have to show a bus pass every time I get on a bus to show that I am old enough to travel for free.

[The Chair]

You don’t look it.

Cllr Fothergill: Thank you very much—I’ll take that.

At every stage in life, you are asked for verification, and this is just another time. It should not stop us from doing the right thing and moving the age up so that we eventually achieve a smoke-free population.

Greg Fell: It is a long time since I have been asked my age. It may throw up some tricky moments, but as Councillor Fothergill said, let’s not stop ourselves doing the right thing here. I think most people agree that it is broadly the right thing. The Bill itself is massively important for norm-setting. Even if the norm-setting achieves half of the goal, thousands of lives will still be saved.

--- Later in debate ---

[The Chair]

Greg, before I bring Andrea in again, you do not look 67 either. I want to get that on the record.

Greg Fell: Not a day over 25, Chair.

[Dame Andrea Leadsom]

Q I beg people to ask me my age when I am buying a drink, and they just will not.

The additional things—heated tobacco, shisha and so on—that come under this legislation include cigarette papers. We all know that they can be used for rolling joints and other purposes, and that cigarette papers contain carcinogens. However, some have quite a strong desire to exclude them—I do not know why. What is the view of the LGA and ADPH on that point?

Cllr Fothergill: We believe that the scope of the Bill as it is currently written is right, and that is what we would support. We would not want to see anything excluded. Every time there is a change to smoking legislation, we hear the argument that it will increase the amount of illicit trade coming into the country. That is not a reason not to do it. It is our responsibility as trading standards to enforce, and although people always use that argument, we have to do the right thing and enforce by properly funding trading standards.

Greg Fell: If I had £1 for every time I have heard the illicit trade argument, neither of us would be here. The heat-not-burn—the clue is in the title—is a tobacco product, and I would treat it like a tobacco product. It may be safer than burned tobacco—we do not know. I would like to see some independent research. However, I would not delay the Bill until I see independent research. I would personally argue to not allow exclusions. It may seem much harder to enforce, but there will already be some tricky points in enforcement; we already know that we need to resource that properly. I would keep the simplicity and not allow exclusions.

[The Chair]

We have two minutes left. Is anyone burning to ask the last question? We have had very clear evidence and it has been an excellent session, but is anyone sitting on a question they have not yet asked?

--- Later in debate ---

[Preet Kaur Gill]

Q My first question to you is, what is the impact of tobacco smoking on public health? Secondly, do you think the Bill’s measures to prevent vaping products from being sold to children will be successful? That is essentially clauses 61 and 62.

Ailsa Rutter: Tobacco is devastating. It is devastating to every individual who dies way too young, and to the family who lose their loved one. In my region alone, just since the turn of the millennium, 120,000 of our loved ones have died from smoking. It is not an adult choice, but a childhood addiction. The vast majority of those smokers reach a point where they deeply regret having got hooked in childhood, not thinking that first puff on a cigarette would be so addictive. It is really important that we remember the 6.4 million remaining smokers in the UK and the fact that 350 18 to 24-year-olds will get hooked on lethal tobacco smoking today.

I would like the Committee to imagine that cigarettes did not exist. It is 2024, and here we are discussing a product that is designed to hook, kill, maim, and be completely addictive. This discussion today needs to be about the future world we want to strive for. We can talk a lot about how we will enforce it, which is very important, but for me this is about imagining that in 20 years’ time we have created an entire new generation protected from this uniquely lethal product. That is why in the north-east, all 12 local authorities, all 10 NHS trusts, our integrated care board—the biggest in the country—and our Association of Directors of Public Health have given whole-hearted, unanimous support to the “stopping the start” proposal on the age of sale of tobacco.

We absolutely recognise that smoking is much more harmful than vaping, but vaping is not risk-free. Vaping is playing a pivotal role in our region—with our higher levels of deprivation and addiction—to get people off lethal smoking, but that is not to say that we do not absolutely agree that much more needs to be done to reduce the appeal of vaping to young people. We wholeheartedly believe that we must address the inappropriate packaging that is too youth-friendly. Some of the in-store promotions are completely inappropriate, where children are really noticing it. We must ensure that we recognise that children are growing up within a family context; children do not live in isolation. There is also the importance in our region of sending clear, evidenced-based messaging. We can also see the positive impact on children’s health if we can get the parents and carers off lethal tobacco smoking and if we can reduce second-hand smoke harm. Really important as well is more money in people’s pockets, because cigarette smoking has such a negative effect on your income.

[Dame Andrea Leadsom]

Q Thank you so much for being here and for all you do in the north-east. It is fantastic.

As you will know, rates of smoking during pregnancy in the north-east are some of the highest in the country. Do you think this legislation will help to reduce those very high numbers? The rate is somewhere in the region of 14% in the north-east.

Ailsa Rutter: We have made really good progress in the north-east in reducing maternal smoking; that has come through very good collaboration between our local maternity services and our local authorities, as well as the fantastic leadership from key people in the local maternity and neonatal system, the LMNS, and the direction from directors of public health.

As with anything, there is not one magic solution; it is about taking comprehensive measures. The tobacco age of sale increase will undoubtedly have a really positive impact on reducing maternal smoking. It needs to be coupled with important things that we must continue to do as well, so we also welcome the increased investment for stop-smoking services.

We hugely welcome—thank you—the reinvestment in the evidence-based health harms campaigns. We are thrilled that nationally you are using our fantastic “smoking survivors” TV advert featuring Sue Mountain. The role of financial incentives is also really important; we know that they have a very strong evidence base. This will have a positive impact on maternal smoking.

[Nickie Aiken]

Q If there was one thing you could add to this Bill, what would it be?

Ailsa Rutter: Gosh! There are already some fantastic elements in the Bill. The key thing for me is to make sure that we can get the Bill through—particularly the focus on tobacco. It is really good to think that there is going to be subsequent consultation on the important elements around vaping. Factoring in what colleagues said previously, we need a simple mandatory age verification scheme. That is already in place in Scotland, and I would certainly welcome its introduction in England.

--- Later in debate ---

[Dr Johnson]

Q I want to ask you about the licensing regime. You have to have a licence to sell alcohol and tobacco, and some have suggested that you should have to have a licence to sell nicotine full stop because it is an addictive substance. That would mean that you would need to have a licence to sell vapes, partly as a way of making them less accessible to children in the places that they may be sold. Would you support that?

Adrian Simpson: It is not an issue that we have discussed at any length in the British Retail Consortium. We are aware, of course, that there are parts of the UK where licensing is required for certain tobacco products. We are well used to the alcohol licensing that has been going on for many years. Unfortunately, I cannot comment on whether the whole sector would be in support of that. We would perhaps need to see how a potential licensing system would operate before we gave our full support to it.

[Dame Andrea Leadsom]

Q Thank you so much for being here. You will be aware that, in putting together legislation, huge effort is made to be balanced and not excessive and to make it doable and achievable, nowhere more so than for those who are trying to enforce it.

May I press you a bit further on the point that Preet made about whether the fines are sufficient? You have said that it is a bit complicated and will require some lead-in time—which is obviously provided, with the 2027 date—to give appropriate training to shop staff. The quantum of the fine was intended to enable on-the-spot fines, rather than having lengthy litigation because the person who incurs the fine does not have the cash and needs to go away, may or may not pay it, may or may not have to be pursued, may or may not have to go to court, and so on. Understanding that there are different views on all sides, is the balance just about right or, if you could have put your own wish list together, are there things that you would have done differently?

Adrian Simpson: We would have liked to see more education provided to retailers who might have broken the rules. A fine can be life-changing for someone who is given one, so we like to see whether there might be a way around that; perhaps the shop worker could be educated first, rather than going straight to a fine, if at all possible. We would like to see that balance of education before strict enforcement, if possible. That would be our wish.

[Steve Tuckwell]

Q Thank you for coming in this afternoon. It is a pleasure to hear your thoughts. What will be the challenges for retailers in enforcing the ban on sales?

Adrian Simpson: The first challenge is education of all the shop staff. Our members are the very large, household-name retailers, and it will take a long time to get that education out to the hundreds of thousands—in some cases—of shop workers throughout the UK. We also think that there will be issues to do with changing our point of sale systems, things like where we are going to store some of these products if we need to, and even things like the size and nature of the tobacco notices. Retail operates in many different ways—we think of the large supermarkets, but there are very small stores as well—so a lot of thought needs to be given to the technical parts of the legislation, which of course we always work with you on.

--- Later in debate ---

[Dame Andrea Leadsom]

Q You mentioned that your members are used to working with Challenge 25. Do you see the Bill working in the same way? As the age of the smoke-free generation rises from year to year, will your colleagues in the retail sector manage to look at two different customers and ask the one that they are concerned about to verify their age?

Adrian Simpson: I think you made a wise point earlier, Minister, about the difference between a 40 and a 41-year-old. That is absolutely our concern: how will we do that? We hear a lot of things about artificial intelligence and new technology for age verification, but a lot of it is still down to human interaction—whether a human can tell the difference between 40 and 41, which can be difficult. That is certainly one of our biggest concerns. Again, we are keen to avoid situations where there could be a touchpoint for violence against shop workers.

[Dame Andrea Leadsom]

Q You will have heard Mr Fothergill from the LGA saying that he has to show his bus pass every time he wants free transport. Do you feel that that is where the solution lies?

Adrian Simpson: There certainly needs to be a bit more research into what the best methods are to keep this age restriction going. It is a new challenge in the retail sector. We have never had anything like this before, and the UK is a leader in this area. I think that, at the beginning, it will be about us all working together to try to get the age restriction going and to make sure that it is enforced, because—this is one point that I would like to make—our members are obviously very compliant and want to do the right thing. These household names are very protective of their reputations; they want to be good and to do the right thing for society. However, I certainly think that, with this new system that might come in, there could be some teething problems. We hope not, but that can naturally happen with all new systems.

[Dame Andrea Leadsom]

Q May I just clarify, then, that your members support the uplift in age, year on year? As you will no doubt be aware, there are some who challenge that and say, “Well, it shouldn’t keep escalating,” but the British Retail Consortium does support the idea of the increase, year on year, of the smoke-free generation, as so many of our other expert witnesses have done today. Would that be right? I do not want to put words in your mouth.

Adrian Simpson: It was definitely a point that came up quite a lot when we were debating this with members themselves. I would say that we are cautiously welcoming it, just because it will then bring about a level playing field for all retailers—because we know that these measures are not necessarily directed at our members, who are, as I say, in the legitimate, responsible retail sector. It will bring about a level playing field but, as I say, we might still need to see how it would operate in practice, I suppose, before we give it our wholehearted support.

[Mary Glindon]

Q I was just searching for a quote, which I think I cited in a debate last year, about a survey that had been commissioned about buying vapes. Out of the 28 vapes that were bought, 25 were illicit vapes. I presume that those are from places that are not responsible retailers—they clearly are irresponsible if they sell those. Are there a lot of retailers that do not subscribe to your organisation where this sort of thing could be occurring? If that is the case, how can we encourage them to become responsible retailers and join the consortium? What should be done? Do you try to reach out to retailers that you know are perhaps not the best and that you would like to see engage with your organisation to help to prevent this kind of illicit sale?

Adrian Simpson: Exactly. Our membership is predominantly the household-name retailers—the large retailers; the ones that certainly would not be selling illicit vapes. We have comprehensive supply chains, and our members put a lot of effort into making sure that their supply chains are operating with integrity, so that illicit products cannot enter them. I have not seen that report, but my feeling would be that the sellers mentioned in it are highly unlikely to be members of a reputable trade organisation. They might be ones that would not be looking for the same standards that our members would operate to.

--- Later in debate ---

[Preet Kaur Gill]

Q Finally from me, in your response to the Government’s “Creating a smokefree generation” consultation, you called for a fixed penalty notice of £200 and maybe the option of increasing that. Do you think that the fines and the monetary penalties in the Bill are appropriate?

Kate Pike: We really welcome the addition of a fixed penalty notice to our enforcement toolkit, but we absolutely want to have our own range of sanctions, which includes the opportunity to go to prosecution for persistent or egregious offenders. The fixed penalty notice can be a really quick solution, potentially against an individual salesperson, depending on the setting and the nature of the offending. I think that £100 can be quite a lot; £200 would be more. I think that is enough, given the opportunity in the Bill to increase it at a later stage if it is not working or having the impact that we want.

John Herriman: It is all relative at the end of the day. It needs to be tested first. To some illegitimate businesses, that will be seen just as a business cost. Whatever the amount is, we need to ensure that it is not seen as a business cost that can just be absorbed. It has to be a tangible deterrent: that is the key.

[Dame Andrea Leadsom]

Q It is great to see you—thanks for coming today. I think you are saying that at the moment the fine is set at the right level. It is a really important issue: by no means do we want it to appear to be a cost of doing business. Our previous witness was suggesting that for some shop workers it is a very significant sum and is quite problematic for them, so perhaps there should be training in the first instance.

We have sought to get the right balance, with a £100 fine that can be reduced to £50 if it is paid on the spot. For any of us, a day when we have to dish out £50 because we have done something wrong is a significant bad day. On the other hand, there is an escalation process to criminal prosecution. I am really keen that we get the balance right up front, notwithstanding that there will be powers to change it. Can I press you a bit further: is this or is this not the right place to start?

John Herriman: Can I make a broader point, and then maybe Kate can come in on the specifics? This is all about the market surveillance activity that allows you to understand what is happening on your local high streets and your ability to take enforcement action where necessary, whether that is a £100 fine or a prosecution. Fundamentally, that is the challenge at the moment. It is about the ability to have the right level of market surveillance and the right level of enforcement activity. I am sure it is a question that will come up. It is a challenge for trading standards at the moment, because over the past decade or so it has had significant cuts, in the region of 50%.

There are two halves to this question. First, is this the right legislation and are the amounts right? Secondly, legislation is only as good as the ability to enforce it. It feels as though the legislation is right—I will let Kate comment further on that—but the ability to enforce it is critical.

Kate Pike: Absolutely. Whenever we look at a new piece of regulation—as I think somebody mentioned earlier, we enforce more than 300 pieces of legislation across the spectrum—we ask, “Do we have the powers to enforce?” In the Tobacco and Vapes Bill, yes, we do. “Are there criminal penalties in there?” Yes, there are. The key things from our point of view—the building blocks—are there.

Across the spectrum, how many businesses sell tobacco? The impact assessment for the Bill says that there are something like 60,000 or 70,000 across the United Kingdom. On that spectrum, there are big businesses that know what they are doing and do not need a lot of support from us. There is a big chunk in the middle that might need a bit of support and guidance—they may make a mistake, but we can support them, help them and train them. Then there are a small amount at the other end that are the dodgy ones. We need to focus our enforcement efforts on them, because we will never be able to put one trading standards officer outside every business to be watching all the time.

[Dame Andrea Leadsom]

Q It is clear to me, having done a visit with enforcement officers, that some so-called specialist vape shops and some newsagents just have the vapes next to the sweets. It is a free-for-all: you get your bubble gum and your vape there. Is that problematic? Will this legislation mean that enforcement officers shut them down? Will there be enough powers and resources to ensure that this can no longer happen?

Kate Pike: The Bill will have enabling regulations on vapes, with powers and criminal sanctions. That is good, but the specifics around where the vapes are positioned in store will be down to the next stage. We get calls all the time from people saying, “There’s a shop in my area called Toys and Vapes—do something about it!” There is actually no legislation that we can use to tackle that.

If you do not want the vapes next to the sweets, legislate for it. We will enforce what it says in the legislation, but we cannot make it up. People are always saying, “That’s not right,” but we cannot enforce morals. We can only enforce the law, so get it in there. If you do not want the vapes there, for very good reasons, give us legislation and we can enforce it.

[Rachael Maskell]

Q My big concern is the illicit trade around vapes. What further measures would be helpful in the legislation to enable you to do your job? Vapes are clearly a delivery mechanism. We have particularly focused on lung health; I am more concerned about the use of vapes for synthetic drugs, which are available in my community and, I am sure, elsewhere. What more can be done to ensure that we do not see the growth of illicit vapes on our street corners or in our shops?

Kate Pike: Illegal drugs are not a trading standards issue. If drugs are consumed via vape or by injection or rolled up in a roll-up, that is not our issue; that is a police issue. We can only enforce the law around the products where the enforcement is given to trading standards. We have no role whatsoever in illegal drugs in vapes. But there is a huge amount of enforcement around illegal drugs in this country, with the police, and the public health approach, about ensuring that people do not use illegal drugs. However they consume them, it is really important that they are on board—

Health and Social Care

Andrea Leadsom Excerpts

Tuesday 30th April 2024 Written Corrections

The following extract is from Second Reading of the Tobacco and Vapes Bill on 16 April 2024.

[Dame Andrea Leadsom]

There is also a strong economic case for the Bill. Every year, smoking costs our country at least £17 billion, far more than the £10 billion of tax revenue that it draws in. It costs our NHS and social care system £3 billion every year, with someone admitted to hospital with a smoking-related illness almost every minute of every day, and 75,000 GP appointments every week for smoking-related problems.

[Official Report, 16 April 2024; Vol. 748, c. 265.]

Written correction submitted by the Under-Secretary of State for Health and Social Care, the right hon. Member for South Northamptonshire (Dame Andrea Leadsom):

[Dame Andrea Leadsom]

There is also a strong economic case for the Bill. Every year, smoking costs our country at least £17 billion, far more than the £10 billion of tax revenue that it draws in. It costs our NHS and social care system £3 billion every year, with someone admitted to hospital with a smoking-related illness almost every minute of every day, and 75,000 GP appointments every month for smoking-related problems.