Tobacco and Vapes Bill

Baroness Northover Excerpts

Committee stage
Monday 27th October 2025 Grand Committee

[Lord Bichard (CB)]

My Lords, I declare an interest as chair of the National Trading Standards Board. In that capacity, I make one or two points that I made in the Bill Committee and at Second Reading, as they may be helpful in the context of this debate on these early amendments and because trading standards professionals will of course be on the front line in enforcing this legislation. It is therefore important to know whether they are confident about it. By the way, I regret suggestions that trading standards is in some way being ineffective at the moment. It has certainly been starved of resources, but I cannot think of a profession that has found new ways of using its resources more effectively better than trading standards. I once again pay tribute to the work that it does—in no way is it ineffective.

What it currently feels about this Bill is quite interesting. In saying these few words, let me say that I have spoken to the Chartered Trading Standards Institute and it is content with what I am about to say. The first point is that, in a recent survey of all trading standards staff, 80% of professionals supported this Bill and felt that it provides a good balance between the strategy that people have to get off smoking and protecting, in particular, younger people. They believe quite strongly that the provisions in this Bill can be enforced. They feel very positive about what I would call the “one date policy” because it will avoid retailers having to check several dates on ID every year; there will be just one date for them to focus on. It will also avoid—this has not been mentioned yet—people who are currently able to buy cigarettes having that right taken away from them. That is a flashpoint for retailers; I take very seriously the point that has been made about the threat that retailers are working under.

Trading standards also points to the fact that people often say that increased regulation and increased costs cause the illicit market to boom. There is no real evidence for that—certainly not in this country. I am not a smoker, but the cost of cigarettes has increased from £1 for 20 in 1987 to £16 or £17 for 20 in 2025; that has already been mentioned. Yet the market for illegal cigarettes reduced from 15 billion sticks sold to 2 billion sticks sold in the same period; actually, that was from 2000 to 2025. So the impact of regulation and price increases has not, at least in this country, been to increase the illicit market; that market is under control.

The other two points that the professionals make are, first, that they believe that the retail licensing in the Bill will actually improve standards in the retail landscape and, therefore, they support that as well. Where do they have doubts? They want resources, of course; everyone always does. Is the fixed penalty notice a sufficient sanction? Perhaps, but perhaps not; it depends on the circumstances, I think, and it will need to be kept under review.

I am trying to paint a picture here of a group of professionals who are under huge pressure, who have great commitment to their work and who actually support most of the provisions in this Bill.

[Baroness Northover (LD)]

My Lords, most of the amendments here may seem limited in scope but, as we have heard, they have in fact been set down to seek both to delay and to water down this Bill.

This weekend, my daughter and I visited my 24 year-old nephew where he is currently studying. As we walked along, he rolled cigarettes. I mentioned to him that I would be involved in the Tobacco and Vapes Bill today and that the aim was to create a smoke-free generation. He stopped in his tracks, turned to me and said, “Just get this passed now”. He then said, “I never want my son, if I ever have one, ever to take up smoking”. He told me that, several weeks earlier, he had given up vaping. He told me how difficult he found it. He hopes he can keep to it, despite repeatedly seeking to give up both vaping and smoking. He started among his peers in his teens, at the age of 14. He has not managed to kick the habit thus far. No one else in his family smokes. He fully knows the risks. No amount of warning on packets can deter the urge that he has. Try as he might, he just cannot kick the habit.

We know how addictive this is, which is why it is vital to stop the habit starting among the young. My nephew’s desire in his teens to do what all his friends were doing led him to smoking via highly attractive vapes, which is precisely what the industry knows. It is also precisely why this legislation, brought forward after the Khan review and then by former Prime Minister Rishi Sunak, is so visionary. We must deliver this, yet many of these amendments seek to undermine it. The industry is very adept at working on opposition, as has been the case over so many years.

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[Baroness Northover (LD)]

My Lords, I shall speak to Amendments 24 and 25 in this group. They were tabled by the noble Lord, Lord Davies of Brixton, who is unfortunately unwell today; I am speaking at his request.

These amendments would apply mandatory age-verification procedures for the sale of tobacco, vapes and non-medicinal nicotine products across England and Wales. Such provisions are in line with the provisions set out for Scotland in the Bill. Also in this group are the amendments in the names of the noble Lords, Lord Lansley, and the noble Viscount, Lord Hanworth, about which we have just heard. The amendments in the name of the noble Lord, Lord Davies, are, in his view, different.

First, they would apply to all tobacco products and not just vaping devices, as the amendments in the name of the noble Lord, Lord Lansley, would. Secondly, they would require decisive action on the policy to be applied for age verification, rather than an evidence review. The amendments do not prescribe specific methods for age verification; they simply state that age verification would be required.

Since these amendments were tabled and debated in the other place, the Government have announced plans for digital ID cards. This Bill defines “identification” in a broad way to make space for the option of digital ID—it is understood that that option will be used for alcohol sales soon—but it is separate from any kind of mandate on such forms of ID.

The noble Lord, Lord Davies, wishes to point out that the successful implementation of the policy in this Bill will require a consistent, practical and enforceable approach to age verification. In his view, this should be in the Bill. He points out that, in Scotland, there is already legal underpinning to the Challenge 25 policy; the Bill adapts this for the rising age of sale. However, there is no such legal basis in England and Wales. These amendments would remove this inconsistency by extending such an underpinning to England and Wales; he feels that it should also be extended to Northern Ireland, although that is not covered in the amendments currently tabled.

The noble Lord, Lord Davies, is, therefore, seeking to provide across Great Britain consistency, clarity for both retailers and consumers, and protection for retailers who, as other noble Lords mentioned earlier, might be on the front line in implementing the policy and finding the challenges in that. He points out that, if age verification is a legal requirement, retailers can say, “It’s not me. It’s the law”, rather than shouldering the burden of difficult conversations with customers.

The Bill already creates an offence for retailers who sell tobacco to those born in or after 2009. The defence in law is that all reasonable steps were taken to ensure that the law was being followed. The noble Lord, Lord Davies, points out that this does not mean that retailers will be required to ask every customer for ID from 2027 onwards if, as in Scotland, the age of sale is obviously such that they do not need to proceed with an ID. He says that these amendments have the backing of retailers themselves. Polling shows that 83% of retailers in England support mandatory verification for under-25s, rising to 91% in Scotland where it is already law, and it provides them with clarity, protection and reassurance. The noble Lord also says that public support is equally strong, with 72% of adults in Great Britain favouring this approach.

This is not just about future generations; it is also about tackling a current problem. Despite the ban on sales to under-18s, data shows that around half of the young people who vape are buying them in shops. In fact, the noble Lord, Lord Lansley, said that the figure is actually higher than that. The amendment would make it clear to retailers that ID is required for not just tobacco but vapes and non-medicinal nicotine products. The Bill already allows flexibility; regulations can specify a wide range of acceptable forms of identification, including digital ID, as is already being introduced for alcohol sales.

The noble Lord, Lord Davies, is acutely aware that the enforceability of this part of the Bill has been raised. He hopes that his amendments provide a practical solution that is a proportionate measure. Given that he could not be here, it seemed important to me that his amendments were spoken to so that the Minister can address these issues. I look forward to her response and I am sure the noble Lord, Lord Davies, will be very interested as well.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I support the amendments proposed by my noble friend Lord Moylan on having the affirmative resolution procedure for statutory instruments. That seems wholly sensible.

On age verification, I strongly support the amendment proposed by my noble friend Lord Young of Cookham. Dealing with online sales is a real issue. We have the overseas experience of countries such as France, Mexico, Brazil and so on to look at, but this seems a neat solution to what could otherwise become a very real problem.

On the amendment proposed by my noble friend Lord Lansley, considerable work has been done on age gating in relation to vaping sales and, as he said, those who are vaping strongly support having some kind of process. We have the system being developed by IKE Tech in the USA, currently awaiting FDA approval, which provides a very neat and quick method of age verification via a smartphone app. It will enable adults to remain protected—it will take them only 90 seconds for the initial process and six seconds for every subsequent vape, so it will not take long. That seems a very sensible way of proceeding and I am interested to hear what the Minister has to say on that.

In relation to what the noble Viscount, Lord Hanworth, and the noble Baroness, Lady Northover, said about what the noble Lord, Lord Davies of Brixton, would have said, there is certainly an issue to be looked at. I strongly support looking at what has been working in Scotland. It seems sensible to look at what they have been doing, learn from their experience and follow it where appropriate. Again, I will be interested to hear what the Minister has to say on that issue.

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[Baroness Northover (LD)]

My Lords, I will speak to Amendment 199 in my name, which complements Amendment 193, which was so effectively introduced by the noble Lord, Lord Young, and which I have also signed.

Amendment 199 would require the Government to publish and fund a comprehensive communications plan for the smoke-free generation policy. We have referred to the wealth of experience among us when it comes to implementing tobacco control measures: a number of those who are taking part in today’s discussion were involved in the 2007 smoke-free legislation, the subsequent rise in the age of sale and the introduction of plain packaging in 2016. We worked across parties. There are valuable lessons to be learned from how those policies were implemented.

The 2007 campaign for smoke-free indoor public places was, in many ways, the gold standard for large-scale public health communication. Its clear and consistent message—needed, wanted and workable—underpinned every aspect of that campaign. Early identification of those at risk of non-compliance ensured smooth implementation and effective enforcement. Government-led TV adverts made it absolutely clear that it was the Government, not the hospitality sector, who were informing the public of the changes. Venues and public spaces were equipped with the resources, signage and materials that they needed well in advance of implementation. The result was 98% compliance from day one. Public support was strong and the legislation was practically self-enforcing. Even the noble Lords who put what I see as the weakening amendments at the beginning of this debate said how well that had gone.

Crucially, the debate surrounding that policy also raised awareness of the harms of smoking and led to an increase in people’s attempts to seek to quit smoking. That is precisely the outcome we should be aiming for with this legislation. Although the rising age of sale will apply only to those born in or after 2009, this policy presents a significant opportunity to raise the profile of smoking-cessation services and to invite everyone to be part of this smoke-free generation.

I have tabled this amendment to ensure that the Government publish a clear and ambitious communications plan to achieve that. At its heart must be strong public health messaging, which is inclusive, evidence based and backed by a dedicated budget. Next year’s October campaign, which seeks to encourage smokers to stop, should be led by the Department of Health, sending a clear message that every smoker can join a smoke-free future. Now, this annual campaign is led by stakeholders, with little input from the department. This should change.

The communications around the disposable vapes ban were clearly ineffective. That was a Defra policy, but it published guidance only for businesses; there was nothing at all for the healthcare settings that use these products in smoking cessation. The Government will need to do better. I am sure that the Chief Medical Officer is aware of that, not least through his experience of Covid. There are in this Committee various people, not all on the same side, who have a lot of public affairs experience. I would love them to put their minds and experience to this; that would be really worth while.

A well-structured plan would also ensure that retailers are engaged early on, provided with concise materials, signage and briefing materials and supported to play their crucial role in this policy’s success. Engagement should be broad, involving local authorities, trading standards, the NHS and higher and further education. Such proactive collaboration would, as in 2007, reduce the need for enforcement by fostering widespread understanding and voluntary compliance. Obviously, such a communications plan needs robust monitoring, evaluation and engagement. Some noble Lords have already expressed concern about the novel nature of this policy; I hope this proposal demonstrates how the Government can provide reassurance through clarity, transparency and careful planning. The UK has a vibrant creative sector. Let us harness that in an ambitious and effective public information campaign, as happened with the 2007 ban on smoking in public places.

[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

My Lords, we are running out of time. If we want to finish the group, we will have to finish by 8 pm—otherwise, we will have to break midway through. It is up to noble Lords whether they want to keep their comments to a minimum so that we can finish this group.