Tobacco and Vapes Bill

Debate between Baroness Merron and Lord Moylan

Committee stage
Monday 17th November 2025 Grand Committee

[Lord Moylan (Con)]

Since the noble Baroness has said so clearly that the purpose of the advertising ban is to prevent information being communicated to children and young people, and that that was a manifesto commitment, why does the ban have to be drawn so widely? Clause 119 has a list of defences that can be advanced for those who are accused of breaching the various preceding clauses on advertising, but none of them says that it is a different matter if the communication is with adults. Is this not drawn far too widely to be justified by her laudable ambition?

[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.

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[Baroness Merron (Lab)]

I am most grateful to noble Lords for bringing forward this group of amendments, which reference Part 6 provisions, and for the contributions that have been made.

I will start with Amendments 161A and 161B, which are tabled in the name of the noble Lord, Lord Udny-Lister. The current drafting of Clause 114 makes it an offence, when acting in the course of business, to design an advert that would promote a relevant product and be published in the UK. If an organisation knows or has reason to suspect their advert has a promotional purpose or effect and will be published in the UK, it has committed an offence by designing the advert.

I say to the noble Earl, Lord Howe, that the inclusion of “has reason to suspect” is deliberate, not least because it mirrors the approach taken in the existing Tobacco Advertising and Promotion Act. This wording is designed to avoid loopholes and to ensure that those who are involved in the design of ads cannot evade responsibility by claiming ignorance where it is clear from the evidence that they had reason to suspect what they were designing an advert for. I hope the noble Earl will understand that we will, therefore, not seek to weaken existing legislation or allow any uncertainty that could be exploited.

I turn to Amendment 161B. I sympathise with the intention to align penalties across the UK but, of course, it is important that we respect Scotland has a separate criminal justice system. There are maximum penalties for this type of offence; they are fixed in line with the criminal justice system in each jurisdiction. I hope that that is helpful to the noble Earl, Lord Howe.

I turn to Amendment 172A, which was also tabled by the noble Lord, Lord Udny-Lister. It seeks to restrict the scope of the offence of brand sharing. Brand sharing, also known as brand stretching, is a form of indirect advertising and should be seen as such, not least because it promotes the use of a service or product by putting its branding on other products or services or vice versa. The clause is drafted in a manner that already limits the offence that could be created under this power to cases where the purpose or effect is to promote a relevant product. Brand sharing, as defined in the Bill, would be unlikely to capture the types of case about which the noble Lord is concerned in his amendment; it is our view, therefore, that this amendment, as it stands, would introduce unnecessary complexity.

I turn to Amendment 168 in the name of the noble Lord, Lord Moylan. The Bill as drafted takes decisive action to ban the advertising and sponsorship of all vapes and nicotine products, delivering on our clear manifesto commitment to stop vapes being advertised to children—something on which the noble Baroness, Lady Northover, spoke. The ban is essential to creating what we seek: a strong, consistent regulatory environment; and to provide clarity for businesses and enforcement bodies. I can say to the noble Baroness, Lady Walmsley, that guidance will be produced on advertising.

This Bill already includes defences for the limited circumstances in which advertising would be appropriate. As I have said in our debates on earlier groups, we are not considering any other exemptions for adult-only spaces, not least because of the risk of loopholes; these were referred to by the noble Baroness, Lady Northover. However, I take this opportunity to correct a statement that was made in the other place: this prohibition will apply to all advertisements for relevant products, not just those for specific products. In practice, this means that anyone acting in the course of business could commit an offence if they promote a relevant product, whether that is a generic product, a category of products or a specific branded product.

[Lord Moylan (Con)]

I think the noble Baroness has addressed Amendment 170. Does she therefore not share the view of the noble Baroness, Lady Walmsley, which was, as I understood it, that my Amendment 170 is unnecessary because there is nothing in the Bill that prohibits specialist vape retailers communicating on the internet? I would like clarity on that.

Tobacco and Vapes Bill

Debate between Baroness Merron and Lord Moylan

Committee stage
Thursday 13th November 2025 Grand Committee

[Baroness Merron (Lab)]

I am sure that I will be able to do that, if the noble Lord will allow me to continue in the meantime.

What we do not yet know is the long-term harms of certain ingredients or flavours. This is why we need to be able to limit the flavours themselves, with the ability to respond to emerging evidence or scientific advances in the future, as well as how flavours are described. I can refer the noble Lord, Lord Lansley, on the point that he raised to Clause 91, which says:

“The Secretary of State may by regulations make provision about—”


et cetera. I hope that will be helpful to him.

I understand the concerns that were raised about how restrictions on flavours can impact former smokers who have switched to vaping. We absolutely recognise that vape flavours are an important consideration for adult smokers, and we will carefully consider restrictions to avoid any unintended consequences for those who seek to quit smoking. Our aims for future regulations on vape flavours, as well as for the wider regulations on vapes, are to reduce the appeal of vapes to young people while ensuring that they remain a viable quit aid for adult smokers. I heard the concern of the noble Earl, Lord Russell, about ensuring that the legislation is right. I am sure that all noble Lords share that view.

The published call for evidence includes flavours of tobacco, vape and nicotine products, to ensure that we are considering the best available evidence. We will also review the approaches taken by other countries, to learn the lessons and to consider whether they are appropriate for the UK. I give an assurance, as I have done before, that we will then consult on specific proposals before making regulations.

On the point about international comparisons—the noble Lord, Lord Lansley, raised a certain aspect of them—there are varied determinations on what a flavour is. For example, in the Netherlands, there is a specified list, and, in Finland, there is a restriction on all characterising flavours. That is why the call for evidence and the subsequent consultation are so important.

[Lord Moylan (Con)]

The Minister refers to “characterising flavours” in Finland. That sounds to me like a descriptor, rather than anything about the composition. I know that these appear to be subtle distinctions but they are not—how something tastes and how it is described are two very different things. The question of characterisation seems to fall into the same confusion that the Government are in.

Perhaps this is an appropriate moment, so that I do not interrupt again later, to add that the confusion is evidenced by what my noble friend Lord Lansley and I have found in reviewing Clause 91; I am not very good at these things, but my noble friend is a former Secretary of State for Health and, as I have seen on many occasions since joining your Lordships’ House, a consummate legal draftsman. I suggest that the Minister’s support team does the same, because there is absolutely nothing in the clause that does what the Minister thinks it does. There is no reference to the description of flavours. There is reference to the flavour itself and to determining what the flavour is, but there is nothing about descriptors in that clause. I would have felt rather foolish tabling an amendment to the clause if the content of my amendment was already there.

[Baroness Merron (Lab)]

Perhaps I might assist by referring noble Lords to Clause 89, which obviously precedes Clause 91 and covers descriptors. I am very happy to review the points made by noble Lords in this regard; I will of course write to them in order to provide clarity.

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[Lord Moylan (Con)]

I say again that my noble friend Lord Lansley and I have scanned Clause 89 as far as we can. It appears to give the power to regulate almost anything to do with the packaging of vapes other than the description of what is inside it. Brand differentiators, but not flavour differentiators, are covered—that is,

“the markings on packaging (including the use of branding, trademarks or logos)”—

but a mango is not a brand, trademark or logo. The Minister is doughtily defending the text that has been given to her, but it deserves more careful thought before Report. I am grateful that she will write.

[Baroness Merron (Lab)]

I agree that it needs more careful thought, which is exactly why, rather than discussing the merits of a mango, a raspberry or any other matter, I will be pleased to look at the points about which noble Lords are concerned; I want to assist in this regard. I am grateful for the reflections of noble Lords in looking at the Bill, as I have done. However, the best thing at this stage would be to commit this to writing.

I hope that noble Lords feel able to withdraw or not move their amendments.

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[Lord Moylan (Con)]

May I just gently correct the Minister? I did not ask why the Government adhered to their international obligations; I understand why a Government will, in general, want to adhere to their international obligations. The dilemma I raised was why the Government would continue to adhere to international obligations when the practical necessities of engaging with the industry would suggest that there is a case here for not doing so. It would be legal in domestic terms not to do so; indeed, this amendment would give sufficient warrant to anyone who doubted it would be legal not to do so. The question is, in a sense: how long will the Government go on ignoring reality because they prefer to adhere to a non-binding international obligation?

[Baroness Merron (Lab)]

I appreciate the clarification from the noble Lord and am grateful for his question. In my language, it does not give us a problem to abide by these obligations; they chime with our experience, with the evidence and, as the noble Lord is aware, with all previous practice. I will come on to the point from the noble Baroness, Lady Northover, about my ministerial colleagues in this regard, but this is also our government approach.

The noble Lord, Lord Moylan—I hope that I am quoting him correctly; I know that he will correct me if not—asked about the treatment of vaping firms with tobacco industry links in respect of the consultation. When responding to the call for evidence, and with regard to any future consultations, we ask that respondents declare any direct or indirect links to, or funding received from, the tobacco industry. Input from those vaping companies that have links to the tobacco industry will be summarised with regard to the requirements of Article 5.3, and responses from those parts of the vaping industry that are independent of the tobacco industry will be considered alongside the contributions and evidence of other regulations.

Turning to the point made by the noble Baroness, Lady Northover, about the DBT Minister, Sir Chris Bryant, I can tell her that the award ceremony to which she referred followed the historic signing of the UK-India trade deal. It has previously been attended by Ministers to celebrate the small businesses that are, as we have spoken about regularly, the backbone of our high streets and are delivering economic growth. We are acutely conscious of government guidance; I assure the noble Baroness that no bilateral or brush-by meetings with representatives of the tobacco industry were held.

Tobacco and Vapes Bill

Debate between Baroness Merron and Lord Moylan

Committee stage
Tuesday 11th November 2025 Grand Committee

[Baroness Merron (Lab)]

We can bandy all sorts of statistics around, but my noble friend is right that it is important to be absolutely accurate. I say to him that my reference was to sales of other tobacco products, which is a broader reference than to just cigars; I am happy to clarify that. I will also be pleased to write to the noble Lord, Lord Johnson, to be crystal-clear and to add anything else that I can in respect of the statistics.

The noble Lord, Lord Bethell, talked about the tobacco industry being incredibly—this is not a direct quote—innovative. He said that the industry is likely to adjust its business model as it has done before—for example, when the menthol flavour ban was introduced. That legislation did not cover cigars so, in response, as the noble Lord said, the industry produced cigarettes in a tobacco wrap, which are available in branded menthol packs of 10. Now, in the United States, a whole new category of small cigars has emerged to exploit the tax advantages over cigarettes, so I listen to the point that the noble Lord makes about the creativity and determination of the industry. I just ask noble Lords to hold that point in their head when we are talking about loopholes.

[Lord Moylan (Con)]

May I just say to the Minister that the tobacco industry, as normally understood and which is suspected of such nefarious innovation, is not involved in the business of hand-rolled cigars at all? The industry consists, on one end, of artisans working with their hands in Caribbean countries, and, on the other end, of small specialist shops and other distributors in the UK supplying these products to a very narrow customer base. They never go through the hands of BAT or any of the other big tobacco companies, so I think that the Minister needs to be a little more aware that the main topic of our discussion today is not one in which the tobacco industry, understood in its normal sense, has any interest.

[Baroness Merron (Lab)]

I should clarify that I was picking up on the point made by the noble Lord, Lord Bethell. I was saying that, when cigars were not included, this is what happened, as an example. I also refer noble Lords back to the point that I made some minutes ago about looking at the core of the Bill and loopholes; that was one such example.

I apologise to my noble friend Lord Mendelsohn: I will come on to the matter of impact assessments, and I should have mentioned that earlier.

The noble Earl, Lord Lindsay, has also tabled Amendments 102, 104, 105 and 201, all of which seek to require an impact assessment be published before any provisions in the Bill relating to cigars, pipe tobacco and nasal tobacco come into force. The impact assessment would look specifically at the impact on small businesses and specialist retailers, which a number of noble Lords mentioned. An impact assessment for the Tobacco and Vapes Bill was published on 5 November 2024, and it included assessment of small and micro-businesses. The Regulatory Policy Committee published an opinion on the impact assessment and provided a rating of “fit for purpose”; this included a green rating for amendments relating to small and micro-businesses.

Going back to the point about the tobacco industry, the noble Lord, Lord Bethell, asked whether the Government would engage with the industry to avoid such loopholes. In line with Article 5.3 of the World Health Organization’s Framework Convention on Tobacco Control, the Government will not accept, support or endorse partnerships and non-binding or non-enforceable agreements. There will not be any voluntary arrangement with the tobacco industry, nor with any entity or person working to further its interests. To summarise, then, the answer is no, but I am grateful that the noble Lord raised this issue.

The noble Lord, Lord Johnson, and other noble Lords raised the fact that the impact assessment notes that the Government are aware of a limited number of small and micro tobacco product manufacturers, based in the UK, which mainly produce tobacconist products and which may be affected by the policy, including through lost profits. However, as the noble Baroness, Lady Walmsley, observed in her comments, any impact on retailers will be gradual over time as the number of people captured by the smoke-free generation policy increases.

I accept exactly what the impact assessment says. I know that noble Lords do not welcome that, but we have been honest and transparent.

Tobacco and Vapes Bill

Debate between Baroness Merron and Lord Moylan

Committee stage
Thursday 30th October 2025 Grand Committee

[Lord Moylan (Con)]

May I probe a little on the noble Baroness’s response to my Amendment 18? On the one hand, she seemed to take a hard and unrelenting line on vending machines, particularly in enclosed mental health premises. On the other, the noble Baroness said towards the end that she was still working on it, and I wondered to what extent one could look for hope. I am sure the noble Baroness said that she was still working on these issues. I appreciate that she has consulted the National Health Service, but I think she probably means NHS England, a vast organisation at some distance removed from patient contact. In fact, it has no patient contact at all. The noble Baroness, Lady Fox of Buckley, said that representations have been made by a certain number of mental health trusts on just this issue. Their views need to be considered, because they are very much closer to real life. May we hope that the Minister will come back at a later stage with something that modifies the severity and comprehensiveness of the ban that is, as she says, in a Bill that we are here to change?

[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.

Tobacco and Vapes Bill

Debate between Baroness Merron and Lord Moylan

Committee stage
Monday 27th October 2025 Grand Committee

[Baroness Merron (Lab)]

I understand the point the noble Lord makes. I believe I said that it potentially risks making vapes less accessible. I know that that is not a view that he shares. I also agree that, where there is evidence, we need to be focused on it in the measures we are taking. But the position I have outlined is the case. I will reflect on the comments that he and other noble Lords have made, which I have heard very well. I understand the concerns of retailers and I am very aware of them; that is why we continue to work so closely with their trade associations to overcome difficulties. We do not want retailers to be put in a position where they cannot do the job that they want to do. We will continue in our work in that way.

With that, I hope the noble Lord will feel about to withdraw his amendment.

[Lord Moylan (Con)]

My Lords, I thank the Minister for her concluding remarks and for the sensitive and attentive way that she commented on the debate; she has clearly listened to what noble Lords said and sought to respond within the limits of government policy. As far as my own amendments are concerned, I heard what she said with just a hint of encouragement; there was not a slamming of the door at least, so I look forward to seeing what the Government come forward with on Report.

Concerning the other amendments in this group, I refer to the fact that the noble Baroness, Lady Walmsley, used the words unintended consequences. The Bill potentially has quite a lot of unintended consequences. Some of them relate to age verification and the role of retailers in the architecture created by the Bill. There are potential lacunae in the Bill.

I simply say that the sooner the Government come forward with draft regulations and a clear idea of what is being required, the happier noble Lords will be and, more importantly, the happier the retailers—including online retailers—will be with the Bill as it goes forward. I hope that the Minister recognises that and feels that the Government can act on it. Perhaps we might even see some draft regulations before the Bill completes its passage through your Lordships’ House. In the meantime, with that hopeful and optimistic wish on my lips, I beg leave to withdraw my amendment.

Complications from Abortions (Annual Report) Bill [HL]

Debate between Baroness Merron and Lord Moylan

Committee stage
Friday 6th June 2025 Lords Chamber

[Lord Moylan (Con)]

For clarification, is the Minister saying that the digitising and adapting of the abortion notification system that her department plans to carry out will be done in collaboration with the Office for Statistics Regulation? Or is the intention that the department does the work in its own box, so to speak, and then the Office for Statistics Regulation comes in and checks it? She seemed to hint that, for the first time, it might be the former, which would be quite encouraging.

[Baroness Merron (Lab)]

As I said, we are developing work with the OSR. As with all ways of developing work, that means working in a way that will get us to the place we wish to get to. I do not quite recognise the latter way forward that the noble Lord referred to, but I will be happy to write him further on this matter.

I can assure the noble Baroness, Lady Finn, that our focus in the women’s health strategy is on turning those commitments into action. I draw the noble Baroness’s attention to the provision of free of charge emergency hormonal contraception at pharmacies from October this year. We are also setting out how we will eliminate cervical cancer by 2040 through the new cervical cancer plan, we are and taking urgent action to tackle gynaecology waiting lists through the elective reform plan. Those are all tangible improvements to women’s health. I assure the noble Baroness that the women’s health strategy is very much kept under review to see how and where it can be improved.

The noble Baroness, Lady Finn, asked about the linking of records. It is not currently possible to link the abortion notification system with wider health records data, because of the unique identifiers on the abortion notification system data. However, as I said earlier, we are reviewing the wording of the form so that it will be easier for clinicians to complete, which will, I hope, bring about some improvements.

I say to the noble Baroness, Lady Freeman, that the Government are focused on moving the NHS from analogue to digital across all areas of healthcare, in order to provide the improved data collection that many noble Lords have called for during the debate.

The noble Baroness, Lady Bennett, called on the Government seriously to consider the implications of money flowing in from the USA with a view to obtaining influence—a point also referred to by the noble Baronesses, Lady Brinton and Lady Barker. I can confirm that this matter is being considered more widely across government.

As noble Lords may remember, the Government have expressed reservations about the Bill as legislation is not required to produce an annual report. We believe that the aims of the Bill can be achieved through existing routes, thereby rendering further legislation unnecessary. In 2023, the department published a report on abortion complications and could choose to do so again. However, it has no plans to publish ongoing separate additional annual reports on abortion complications as there is no operational need to do so. I hope noble Lords will understand—some have made this point—that we have to uphold a duty of care not to legislate when other reasonable processes are available, as there are in this case.