Tobacco and Vapes Bill

Baroness Carberry of Muswell Hill Excerpts

2nd reading
Wednesday 23rd April 2025 Lords Chamber

[Baroness Carberry of Muswell Hill (Lab)]

My Lords, the Bill is a massively significant public health intervention that will save lives. I have heard the arguments today about personal freedoms, and I say this: anyone in my age group grew up in a cloud of toxic second-hand smoke in our homes, on public transport and in our workplaces, and many of us saw our parents die prematurely from smoking-related diseases. Later generations have been spared those harms by regulation and strong public health messaging, and the Bill before the House goes a long way to completing the job. We know that regulation works.

We were reminded at the beginning of the debate by the noble Lord, Lord Jopling, that 11.9% of adults in the UK still smoke today. It is worth repeating that that is too many, and we know that most of them want to stop. They are risking their health and they risk untimely death. The noble Lord, Lord Stevens, spoke with the authority of Cancer Research UK in reminding us that tobacco is the biggest cause of cancer deaths in the UK, with tobacco killing one person every seven minutes. So the Bill’s phased-in smoking ban is a vital public health benefit, as will be the later restrictions on smoking in outdoor spaces.

There is agreement across the House that no child should be vaping. It has been illegal to sell nicotine vapes to under-18s for 10 years, but a survey last year by Action on Smoking and Health showed that 18% of 11 to 17 year-olds have tried vaping. That is nearly 1 million children, and most children who vape use nicotine vapes. The harm is obvious, yet, as many others have said today, these products are blatantly marketed to children, with bright packaging and child-friendly names. Children are being sold these products every day on our high streets. That is why the powers in the Bill to regulate packaging and display—and, yes, flavours—are essential, along with the ban on disposable vapes and more robust enforcement.

In opening the debate, my noble friend the Minister talked about a balance. The Bill does strike the right balance. These restrictions on vapes should protect young people, while not preventing adults who want to use vapes doing so—whether or not they use them as a way to stop smoking cigarettes.

Several speakers have expressed concern that the Bill contains many new and amended delegated powers. I accept the Government’s argument that this is necessary to enable flexibility and future adjustments as new evidence, products and loopholes emerge. On the detail, the new and amended delegated powers will mean that there is space for further consultation, including on the new licensing and registration schemes.

It has been suggested in the debate that the Bill will encourage a black market. There is no evidence showing us that previous restrictions on tobacco have increased the black market in tobacco products as a direct consequence of that legislation. But I concede that there needs to be vigilance. Each month, tens of thousands of illegal vapes are seized from black market sellers across the UK. There are no safety checks on those products. Heaven knows what is in them—they are a health hazard. However, the new licensing and registration schemes will bring us greater enforcement opportunities, as will the new vaping products tax. Nevertheless, there will need to be continued monitoring and realistic levels of resourcing for enforcement bodies.

I end with an invitation to the Minister to pick up in her response the points that other speakers have made about the consequences for retail workers, who are already in the front line of enforcing age-restricted sales. I would welcome assurances that the protections for retail workers in the current Crime and Policing Bill will be robust and flexible enough to deal with the additional pressures that shop workers could face when the provisions of this important and welcome Bill come into force.