Tobacco and Vapes Bill

Debate between Baroness Fox of Buckley and Baroness Merron

Monday 17th November 2025 Grand Committee

[Baroness Merron (Lab)]

I am glad that the noble Lord regards it as a laudable ambition. We will come to exemptions in the next group, and I look forward to doing so.

[Baroness Fox of Buckley (Non-Afl)]

I, too, am slightly confused by this. I was reading something the other day from the DCMS, boasting about the creative industries, and one of the big and most profitable parts of the creative industries in this country is advertising and marketing. It is considered to be something we are proud of. Lots of products have age issues. If you are a cider producer, you have to advertise, but you do not want a six year-old drinking it. We have discussed things such as fizzy drinks, so I appreciate this. This appears to be a blanket catch-all. It does not seem to take up the ways we have learned, in the advertising and marketing world, how, in a society that has children in it at the same time as adults, you can have a sensible restriction on advertising sometimes without depriving everybody of the gain of the advert. NHS information, while useful, is not the same as marketing choice, giving people ideas of the options they might have with vapes, which are not all the same product.

[Baroness Merron (Lab)]

I thank the noble Baroness. This kind of question also comes up in respect of other products: for example, the 9 pm watershed, in terms of the advertisement of high-fat, high-sugar, high-salt foods in order that that advertising is not affecting children and young people. So, this is a constant discussion: that is not a criticism but an observation, of course. What is interesting to me in respect of tobacco is that the evidence found that partial bans are not as effective as a comprehensive ban when it comes to the aim, ambition and intent to reduce tobacco consumption. Similar assumptions can clearly be drawn on vapes. I hope that helps in terms of clarifying the point I am making, even if it may not satisfy the noble Baroness, which I understand.

Tobacco and Vapes Bill

Debate between Baroness Fox of Buckley and Baroness Merron

Committee stage
Thursday 13th November 2025 Grand Committee

[Baroness Merron (Lab)]

I thank the noble Lords, Lord Lansley and Lord Moylan, for tabling these amendments, and other noble Lords for their considerations today.

Turning first to Amendments 154 and 154A, tabled by the noble Lord, Lord Lansley, I understand the noble Lord’s intention and the comments that he and the noble Earl, Lord Howe, made. I heard the noble Lord, Lord Lansley, clarify that he is talking about co-regulation. I understand his intent, but as I have said on a number of occasions—other noble Lords, including the noble Baroness, Lady Northover, have supported this—the industry has failed to self-regulate. Vapes are branded and advertised to appeal to children and rates have more than doubled in the last five years, with one in five 11 to 17 year-olds having tried vaping.

In addition to Part 5, the requirements set out in regulations are the best way to stop future generations from becoming hooked on nicotine. As I have previously said, we will consult on regulations where they are made under Part 5. The vaping industry and other bodies are welcome to respond to this consultation. We will return to advertising in more detail when we reach a later group, but despite existing restrictions on vape advertisements and the opportunities that the industry has had to self-regulate, evidence shows that vape advertising continues to appeal to young people. It is unacceptable that, in too many cases, vapes are being deliberately promoted and advertised to children.

[Baroness Fox of Buckley (Non-Afl)]

I keep hearing that the evidence shows that the advertising is appealing to children. Can the Minister send me details of that evidence, because I cannot find it? I have seen lobbying material from organisations that do not like vaping but no evidence as such.

[Baroness Merron (Lab)]

I will of course be happy to do that for the noble Baroness.

The noble Lord’s amendment also seeks to allow a self-regulatory body to exercise functions established in regulations under Parts 5 and 6. I point out that Clause 104 already provides for legislative sub-delegation where required. It allows the Secretary of State, when making regulations under Part 5, to delegate functions to other people, which will allow decisions to be made by the most appropriate body. For example, it may be appropriate to delegate functions under Clause 98 on testing, so that a body with specific technical expertise—the noble Earl, Lord Howe, referred to this—can carry out tests on products and determine whether they comply with product requirements.

Tobacco and Vapes Bill

Debate between Baroness Fox of Buckley and Baroness Merron

Committee stage
Tuesday 11th November 2025 Grand Committee

[Baroness Merron (Lab)]

I am glad to say to the noble Lord that I will come to the issue of packaging shortly.

The impact assessment showed that, as was raised in the debate, the policy has an estimated net benefit to society of over £30 billion over some 30 years, if we use 2024 prices. In addition, it is estimated that the policy will avoid over 30,000 deaths in England by 2075. I confirm that further impact assessments will be prepared in advance of secondary legislation.

Amendments 140A and 140B, tabled by the noble Lord, Lord Johnson, seek to require the Secretary of State to commission and publish an independent report into the harms of hand-rolled cigars before any further packaging restrictions can be brought forward. I venture to say to noble Lords that, in my view, the health harms of cigars are well known and well established through independent research. Independent research on the effects of cigar smoking has found that, compared with non-smokers, cigar smokers have a greater risk of cancer, chronic obstructive pulmonary disease and cardiovascular disease. Even without inhalation, taking tobacco smoke into the mouth exposes the mouth, pharynx and oesophagus to toxic compounds.

[Baroness Fox of Buckley (Non-Afl)]

Just to clarify, the aim of the Bill, as far as I understand it, is not to go through every single thing that any adult does in society and assess its harm. There may be some harm in smoking cigars, and there may well be some harm in, say, staying in this House until two in the morning voting. There might well be some harm in all sorts of things we do, but the aim of the Bill and what we are concerned about is, according to the Government, to stop young people smoking cigarettes. I am therefore confused about why any harm associated with these particular products would have any merit whatever in relation to the issues raised by noble Lords.

[Baroness Merron (Lab)]

The Bill is very focused on the smoke-free generation, but we also know that existing legislation and practice in this country are about not only encouraging people not to take up smoking but helping them to quit. That is the focus of the Bill, not every potential health harm.

The noble Baronesses, Lady Fox and Lady Hoey, the noble Lord, Lord Strathcarron, and other noble Lords referenced what is included, particularly for cigars. I had to remind myself—so I am happy to remind noble Lords—that most of the current legislation on tobacco control, such as the existing age of sale, health warnings and advertising restrictions, is already in place. So the regulation of cigars is not new.

Noble Lords asked about packaging restrictions for cigars. Again, this is not a new concept. Indeed, many countries already go further than the UK and require all tobacco products to be sold in plain packaging. That includes Australia, New Zealand, Canada and Ireland. I say to the noble Earl, Lord Lindsay, and the noble Lord, Lord Strathcarron, that any new restrictions will be subject to a consultation process and an accompanying impact assessment.

I move on to heated tobacco and will respond to amendments tabled by the noble Lord, Lord Sharpe. There is evidence of toxicity from heated tobacco, and the aerosol generated by heated tobacco also contains carcinogens. There will be a risk to the health of anyone using this product.

Clause 45 gives Ministers the ability to extend the restrictions under Part 1 to cover devices that allow the tobacco products to be consumed. That allows us to adapt to any new products that enter the market and prevent loopholes. I assure noble Lords that there is a duty to consult before making any regulations under this power. As I have mentioned many times before, those regulations will be subject to the affirmative procedure, ensuring an appropriate level of parliamentary scrutiny. Any additional requirements would be overly bureaucratic. Given the known harms of tobacco and the need to protect from any loopholes, I ask noble Lords not to press their amendments in this group.

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

We have already had a group on illicit trade so I do not want to rehearse all of that. I simply wanted to say that what is happening in local communities is very different to the statistical evidence that keeps being put here. That is why I referred to the BBC investigation. In certain towns—working-class areas, basically—there is a huge problem with these products being sold openly without any authorities even intervening, which is what the BBC exposed. I am suggesting that one of the things that shopkeepers are worried about is that the generational ban is going to lead to even more of that. I know that they agree with the generational ban, but maybe the Government and the Minister might look at some of the new lived-experience evidence that is coming through at the moment in particular areas, rather than this just being a paper exercise.

[Baroness Merron (Lab)]

I assure the noble Baroness that there is nothing paper about the exercise that we are undertaking, but I accept her point and I have on previous groups. This is not one size fits all; the issue manifests itself in different ways. I wanted to present an overall national position, but I of course understand. That is why we are looking at regulations and why we have a call for evidence, consultations and an impact assessment, so that we do not uniformly treat all areas the same. It is important that we remind ourselves, as I have done repeatedly, that tobacco is a deadly addiction. Stopping children from starting to smoke is the easiest way to reduce smoking rates, and that is at the core of the Bill.

Tobacco and Vapes Bill

Debate between Baroness Fox of Buckley and Baroness Merron

Committee stage
Thursday 30th October 2025 Grand Committee

[Baroness Merron (Lab)]

I will be happy to check exactly what I said but, to be clear, we are not continuing discussions about vapes in hospital and mental health settings, in respect of vending machines. As I said, that is in the Bill. I hope I was making the point that discussions are continuing in respect of vape-free places, and that will be a matter for regulations. I assure the noble Lord that NHS England was in full consultation with the relevant parts of the services. It does provide services and it is the right organisation. As the noble Lord knows, we are bringing NHSE into the department in any case in the future. I am sure he will welcome that, as I certainly do.

[Baroness Fox of Buckley (Non-Afl)]

This has been a wide-ranging debate and I thank the variety of noble Lords who spoke. There has been some clarity: it might not be clarity that I am happy with, but we heard the noble Earl, Lord Russell, say that his aspiration is a nicotine-free generation, not just a tobacco-free one. There has been some confusion about the conflation of tobacco and nicotine. The Bill, at least, makes a distinction between those things. It is possible that the Minister—and every other Lord who wanted to get rid of that distinction—wants to challenge the nature of the very core of the Bill, but I assure them that the Bill makes that distinction. If that is not true, it would be interesting to hear what has happened there.

Also, medical scientific discussion on this makes the distinction very clearly and endlessly, particularly, by the way, by oncologists. Those who work with people who have developed cancers from smoking are very enthusiastically promoting nicotine products. As I understood it—as I was assured at Second Reading by the Government and noticed in other communications —we should not be fearful that vaping was a target of prohibition from the Bill. But the more the conversation goes on, and the more it is treated the same, then that is the direction of travel. I would still argue that when one says that the evidence is not in on whether something is helpful, it is not a scientific way of approaching it. The evidence is not in on a wide range of things that are happening in the world. It is evidence that we base evidence-based policies on, not the lack of it.

In the discussion on young people, we ended up discussing whether we are protecting children in a variety of the amendments, through to 20 and 30-somethings in a nightclub who should not be let near a vending machine with vapes in it. My point was not that they would be recreationally vaping because they would be having a good time and therefore it was very dangerous. Although, I have to say that having a good time in a nightclub is not yet, I think, illegal. Having a drink and a cigarette outside a nightclub is, as yet, not illegal—although it might well be by the end of the Bill. The point about vaping was that young people having a good time will often have a social cigarette, and the vaping vending machine might encourage them to do something less harmful. That was my point, rather than me trying to get them all vaping or forcing them to vape.

The conflation of children and young adults needs to be sorted out. In that sense, although I am sure I did not do remotely as good a job of moving Amendment 16 as the noble Lord, Lord Parkinson, would have, we need to be clear that voting in elections is not a technical matter; it is philosophically about saying that someone is an autonomous adult. Therefore, we have a conflict in who we consider children and adults when it comes to health.

I finish by saying I am genuinely, totally disappointed by the attitude to mental health provision and vending machines. Many mental health charities are concerned about this. The age-gating issue is not an issue in mental health hospitals. This idea that there will be hordes of children wandering around accessing vapes from a vending machine—it just seems cruel and inhumane. I do not understand why that exception would not be made. It is true that mental health charities and family groups have suggested that having the odd vending machine in a hospital where people are restricted from leaving would be helpful. It would be kind and compassionate. I beg leave to withdraw my amendment.

NHS England Update

Debate between Baroness Fox of Buckley and Baroness Merron

Wednesday 19th March 2025 Lords Chamber

[Baroness Merron (Lab)]

Nobody should worry about data or their privacy. Our job is to improve our ability on data, and this change will not affect that. Indeed, part of the 10-year plan will include a move from analogue to digital, because we recognise the importance of data and digital change in improving healthcare. This change will give us a better opportunity to implement that.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I congratulate the Government on removing a powerful and unelected body—the world’s largest quango. What the Government have done is so important democratically, given that the Secretary of State says, “The buck stops here”. However, it is not a silver bullet. There is no NHS England in Wales—my neck of the woods—and the buck stops with the Senedd, but the Welsh health service is in a terrible state, with wastage of money, red tape, bureaucracy, and smoke and mirrors about where money is being spent. Does the Minister agree that that can happen even when the buck, apparently, stops with the politicians?

[Baroness Merron (Lab)]

I am not sure if that was a question about politicians or Wales. We work very closely with the devolved Governments, as the noble Baroness will be aware. On her point about politicians, we take our responsibilities very seriously. That is why we have recognised the problem and are acting.

Mental Health Bill [HL]

Debate between Baroness Fox of Buckley and Baroness Merron

Committee stage
Monday 24th February 2025 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I was pleased to see these amendments as well. The noble Earl, Lord Howe, explained why they are important. He has conceded—I tried to imply the same in my own amendment—that it is not necessarily clear how best to raise these issues, but that we need to. If we are seen by the public discussing a mental health Bill, going through the whole thing and refusing to acknowledge one of the big controversies of recent times, which was a mental health issue, it will discredit the Bill when it becomes an Act.

In relation to the reluctance of the NHS trust to publish its investigation and the use of patient confidentiality, I note that the families of the victims saw this very much as an excuse and were very angry about that. It does not help us to have a discussion with the public about mental illness because it then seems as though murder was committed but, somehow, mental illness was used as an excuse. We have all heard that argument being used; that is why I referred to the fact that there was some dispute about whether Calocane should be sent to prison or to hospital. The more openness that we can give this, the less stigma and confusion there will be. We need to have this debate out in the open.

Finally, I have a question on the judge-led inquiry and what we now know from the investigation by the trust. How will that impact this Bill? How, practically, will we be able to incorporate what we have learned from that into our discussion on a whole new piece of legislation on mental health? It would seem that we need to be able to take on board some of the recommendations of the inquiry and what we now know from the investigation by the trust.

[Baroness Merron (Lab)]

My Lords, I thank the noble Earl, Lord Howe, for tabling Amendments 160BA and 160BB, supported by the noble Lord, Lord Kamall, and spoken to by the noble Baronesses, Lady Tyler and Lady Fox.

I say at the outset that I understand the deep concerns raised today by noble Lords. I would like to take this opportunity to express my sincere condolences, and I am sure those of the whole of your Lordships’ House, to the families of Grace O’Malley-Kumar, Barnaby Webber and Ian Coates. The Secretary of State and I have met the bereaved families following these horrific killings, and, rightly, important actions have been taken, which the noble Earl, Lord Howe, asked about. Indeed, we have to look at what improvements must be made, both at the trust and across the country.

To take this further, NHS England and the Nottinghamshire Healthcare NHS Foundation Trust have accepted all of the recommendations made following the Section 48 CQC review into this incident, and action has started on implementation. The recently published independent investigation into the care and treatment provided to Valdo Calocane makes a series of recommendations, which NHS England and the Nottinghamshire Healthcare NHS Foundation Trust have accepted. I reiterate that the Government expect to see swift action to ensure that the recommendations are implemented as soon as possible. As the Prime Minister has confirmed, and as the noble Earl, Lord Howe, acknowledged, there will be a judge-led, statutory public inquiry into this tragic incident.

I now turn specifically to the amendments, and first to Amendment 160BA. We recognise the importance of transparency when there are concerns around a patient’s care, to enable a full understanding of what went wrong and how learning can be applied as a result. The courts already have legal powers to request, and where appropriate compel, disclosure of relevant reports, ensuring judicial access to relevant information. In criminal and civil proceedings, courts can make orders that particular information be provided, or issue witness summonses, while coroners can obtain documents as part of an inquest. There is no clear evidence that courts face systemic barriers in accessing necessary information.

There are also existing mechanisms to provide robust oversight and transparency. NHS England’s patient safety incident response framework sets out clear guidelines for responding to serious incidents involving patients who are detained under the Mental Health Act. Additional scrutiny is provided through investigations by the Health Services Safety Investigations Body and oversight from the CQC.

If information is not disclosed, interested parties already have mechanisms to access information, including judicial review, freedom of information requests and the coronial process for deaths in detention. While courts have the powers set out in the amendment, we absolutely recognise the importance of openness in mental health services, which is why officials are working with NHS England to ensure that information from investigations is as transparent as possible—something that all noble Lords have rightly referred to.

Valdo Calocane: NHS England Report

Debate between Baroness Fox of Buckley and Baroness Merron

Thursday 6th February 2025 Lords Chamber

[Baroness Merron (Lab)]

I understand the seriousness of the points the noble Lord makes. As he is aware, the report to which we are referring is concerned with the care and treatment provided by health services to Valdo Calocane rather than questions of culpability. More broadly, I remind your Lordships’ House that the Prime Minister has committed to establishing a judge-led inquiry into these attacks. We absolutely understand the importance of an inquiry. Having met the families myself, it is crucial to provide families with answers and ensure that this cannot happen in the future.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, the Calocane report is a devastating mix of horror at state failures. It echoes everything from the grooming gangs to Southport, and you just think, “How could this have happened?”. The Minister said that we are dealing with this in Committee on the Mental Health Bill. I query that because the report has only just come out, and it seems to me that the Mental Health Bill will need to change to reflect the lessons learned, as the noble Lord, Lord Balfe, said. Otherwise, we are ignoring it. Will the Minister reflect on how that is happening?

Secondly, did she notice the worrying detail that staff were nervous about forcing treatment because debates here in Westminster on racism in the mental health system meant that they stayed back—they were silent—because this patient was black? Can the Minister assure us that those kinds of politicised issues should now be swept away from all service provision and that we will tell staff that the ethnicity of the patient does not matter and that they have to act according to procedures?

[Baroness Merron (Lab)]

I thank the noble Baroness for the opportunity to clarify that my reference to the Mental Health Bill discussions was in relation to the three points raised by the noble Lord, Lord Balfe, rather than the detail of the report. As I said, the recommendations have been accepted in full, and there is a programme of work to take them forward and for full reporting back. In respect of the further comments the noble Baroness made, it is of course the care of the patient that matters and protection for both the patient—whoever they are—and the public.

NHS: Single-sex Provision for Staff and Patients

Debate between Baroness Fox of Buckley and Baroness Merron

Wednesday 8th January 2025 Lords Chamber

[Baroness Fox of Buckley]

To ask His Majesty’s Government whether they plan to issue guidance relating to single-sex provision for NHS staff as well as patients.

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Baroness Merron) (Lab)]

My Lords, all employers, including the NHS, are required to comply with existing law on single-sex facilities. In these cases, a common-sense and empathetic approach is needed. It is important that service providers have clear guidance about the Equality Act. We will consider whether further guidance is needed, including on how lawfully to apply its single-sex exemptions.

[Baroness Fox of Buckley (Non-Afl)]

I thank the Minister for that reply. I know that the Government value front-line health workers and I am sure that they are concerned to hear that NHS trusts are allowing ideology to deny nurses safety, privacy and respect at work. I am disappointed, however, that action is not more immediate. The Secretary of State, Wes Streeting, said that he was horrified by the case of the Darlington nurses being forced to share their changing facilities with a male colleague who identifies as female. Does the Minister agree that trusts need urgent guidance on this issue? I know that the Darlington nurses have submitted draft guidance to the department—

[Baroness Fox of Buckley (Non-Afl)]

Okay, the question is: can that guidance be brought forward, because nurses are being bullied and harassed at work around this issue?

[Baroness Merron (Lab)]

I am not sure that I can agree with the noble Baroness about trusts being driven by NHS ideology. All staff should be and must be treated with dignity, with their safety and privacy respected. Much of this is about practicalities and working with staff in the same way that other policies are worked with, and I would expect a common-sense and sensitive approach to prevail. The Secretary of State did indeed meet with the five nurses from Darlington regarding their concerns about single-sex spaces. We have indeed received a draft version of the guidance that they have produced and will reply to them at the earliest opportunity. However, the guidance that I would focus on is from the Government. We are looking at how we can assist all employers in complying with legislative requirements.

Puberty-suppressing Hormones

Debate between Baroness Fox of Buckley and Baroness Merron

Monday 16th December 2024 Lords Chamber

[Baroness Merron (Lab)]

I do not recognise the last point that the noble Baroness made about the time. The aim is to start recruiting participants in spring next year and, as I mentioned, the National Institute for Health and Care Research is working with NHS England to develop the clinical trials. They are the first in the world and I will be very pleased to provide further information as and when it is available.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I commend the Secretary of State—and, indeed, the Minister. I commend the Secretary of State for his very clear Statement and for his courage, because he has had to stand his ground. He kept his cool, despite receiving unpleasant smears and abuse not only online, but even, to a certain extent, from the Back Benches in the other place.

I am slightly confused about something. I think we can see now that puberty blockers are a medicalised euphemism for chemical castration. The same kinds of drugs, when given to Alan Turing, were used as punishment for being gay. I am still not convinced, and do not really understand why the Government still think it is appropriate to conduct a clinical trial on children with these drugs. The Minister emphasised “uncapped” as though that was positive, whereas I thought that was scary.

As this medical scandal unravels, more and more young people are de-transitioning, but the NHS has no services to deal with this. I wonder whether the Minister would agree, perhaps, to meet some of the charities that are doing this kind of thing—there is Genspect’s Beyond Trans and its special service providers—just to discuss what the NHS might need to look at, moving forward in a different way.

[Baroness Merron (Lab)]

I very much welcome the generous and supportive comments of the noble Baroness, Lady Fox, in respect of the Secretary of State’s Statement. I am grateful for those. I note that she finds the reference to “uncapped” scary. I presented it as the way to gather the widest amount of relevant evidence, because that is a clinical trial; that is what is so important. The reason it is being done is that there is insufficient evidence and there has not been such a trial, and we need to do one for this particular situation.

In respect of meeting charities and others, the Secretary of State has been very keen to—what I would call—reset the relationship with various groups which all have different sets of thoughts on this. I have joined him in those meetings. He has also been meeting those with lived experience. We continue to do so. We have wanted to detoxify the debate, and those meetings have helped immensely. We will continue to have that listening ear.

National Insurance Contributions: Healthcare

Debate between Baroness Fox of Buckley and Baroness Merron

Tuesday 19th November 2024 Lords Chamber

[Baroness Merron (Lab)]

I certainly agree with the comments of my noble friend Lady Taylor, who set out the government response very clearly in the last Question. I also share the view of my noble friend Lord Foulkes that it is important to be honest; I believe we have taken that on board as a new Government. That is why, for example, we commissioned the independent review by the noble Lord, Lord Darzi, to find out the state of the NHS in order that we could move forward. What the noble Lord found did not make for pretty reading, and it is our job to put this mess into a rather better shape than it is now.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, what has been described as “groans” might, in another language, be described as holding a Government to account. The Government are in charge now and have to answer the charges as put.

If the Minister is correct that the Treasury evaluated what the changes to employers’ national insurance contributions would be, the Government will have known that this was going to affect not just big nasty bosses but a wide range of employers—hospices, care homes and all sorts of charities. The hairdressing sector is being decimated as we speak. I just went and stood in the rain for two hours at the farmers’ demonstration, where tenant farmers pointed out that these national insurance changes will mean they will have to sack farm workers. This is having a wide decimating impact. If the Government are going to be honest, I hope they will talk to each and every one of the sectors and tell them that this is going to be resolved one way or another.

[Baroness Merron (Lab)]

This Government are very committed and are indeed talking to all sectors, including in my own department. As to the point the noble Baroness rightly raises about holding Governments to account, I welcome that. It gives me and my noble friends an opportunity to set out the plans, responsibilities and concerns of this Government. We will take them seriously and continue to work to get consensus wherever we can.