Tobacco and Vapes Bill

Earl Howe Excerpts

Committee stage
Thursday 13th November 2025 Grand Committee

[Baroness Walmsley (LD)]

My Lords, I strongly support my noble friend Lord Russell’s Amendments 195 and 196. As he said, they intend to support the core principles of the Bill and ensure effective delivery. It is one thing to legislate; it is quite another to deliver and even to implement. I am currently involved in following measures that were put into legislation through the Health and Care Act 2022, which have still not been implemented. We must make sure that things like that are properly implemented.

Whatever the Government’s intentions are now, when the facts change a sensible person changes appropriately, albeit along the same core principles. A number of potential barriers along the way have been suggested by noble Lords as we have debated the Bill, including today, such as an expansion of the illicit market; the possible clever responses of the tobacco industry to get round the intention of the Bill to protect young people and achieve a smoke-free generation; and technical issues such as age-gating, age verification and so on.

Although the Bill gives the Government wide powers to act, my noble friend’s points about having two reviews, to which his amendments would mandate the Government to adhere, would give naysayers confidence that any unintended consequences would be dealt with either by the Government using the powers in the Bill or by introducing further legislation if necessary after the reviews.

I particularly support my noble friend’s inclusion of nicotine use in his request for reviews. Although the use of vapes as a quitting tool has already been shown to be effective, we all know that they have been taken up by large numbers of young people who have never smoked tobacco. However, the industry is still very young and there is still little evidence about the effect of both the flavour additives and the long-term use of nicotine on the young brain and lungs. Over the coming years, that evidence will emerge one way or another. We already know how addictive nicotine is and that it can make people feel stressed, restless, irritable and unable to concentrate. That is problematic for children in school, which is the very reason why sales of nicotine vapes are banned for under-18s, although illicit sales to younger people are really problematic for teachers.

We also know that nicotine leads to short-term increases in heart rate and systolic blood pressure; as I understand it, that is why tobacco pouches are endemic among professional footballers before a match. Unfortunately, this habit is being copied by many of their young fans. Some use several of them, resulting in dizziness, nausea and, in a few extreme cases, fainting. We do not know about the long-term effects of the use of nicotine by very young people, as the research focuses on users of legal age; this is the sort of thing that may emerge over the next few years. As to the future, we will see how well vapes and other nicotine replacement therapies work as quitting tools. We need to be sure that the legislation will respond to this and other evidence.

These two age points are significant since they have been suggested as an alternative by some opponents of the generational escalator in the Bill. Why not, they suggest, simply raise the legal age of sale to 21 or 25? A promise of reviews at these age points will help encourage those people to support the Bill as it stands, so I hope that the Minister will accept these two amendments; I prefer them to the amendment in the name of the noble Earl, Lord Howe, except that I certainly support his reference to small businesses. I am sure that noble Lords will know about these matters from previous debates, but perhaps we could put our heads together before Report.

On the amendments in the name of the noble Baroness, Lady Hoey, regarding the EU’s Technical Regulation Information System and the standstill period that now impacts on the Bill, it is important to note that several EU countries, such as Greece, Romania and Italy, object pretty routinely to all tobacco control legislation in the EU. There is no new information today that is cause for concern regarding this Bill.

On the legal opinion to which the noble Baroness referred, it appears to have been shared with only the Daily Mail—it certainly has not been published—so I am unable to take a view on it; besides, doing so is probably beyond my skill set and pay grade anyway. I just hope that the Minister has good legal advice.

There is a point to be made here, however, about how the UK seems to have found itself in the worst of both worlds, with EU states being able to object to legislation that we wish to bring in to protect the health of our nation but with us having none of the benefits of being a member. That is a point for another debate, though. I hope that the Minister can confirm that any such objections will not be binding on the UK; and that this sovereign Parliament will be able to push ahead with this important legislation.

I turn to Amendment 216 in the name of the noble Lord, Lord Murray of Blidworth. He appears to be expecting a different Administration in the next Parliament; I will leave it to the Minister to reply to the noble Lord’s comments.

[Earl Howe (Con)]

My Lords, I will speak briefly to this group of amendments, which centre on three linked themes: the need for careful, joined-up policy-making; the need for proper review; and the need for clear accountability on how this Bill will work in practice once it becomes law.

In her Amendment 114B, the noble Baroness, Lady Hoey, directs the Committee’s attention once again to the issue of the Bill’s compatibility with the provisions of the Windsor Framework. I am glad that she has done so because I agree with my noble friend Lord Johnson; with no disrespect to the Minister, I felt that her reassurance on that question in our earlier debate was more of an assertion than a reasoned explanation.

The noble Baroness, Lady Hoey, and the noble Lord, Lord Dodds, are quite right that there is still considerable uncertainty and anxiety around the Windsor Framework issue. The noble Baroness quoted the opinion of the former Attorney-General for Northern Ireland, John Larkin KC; I will not repeat it, although I have those words in front of me. Like the noble Baroness, I am very concerned by his unequivocal statements on this question. Surely it is imperative that the Government can clarify exactly how the Bill will work in practice. It is not good enough to say merely that it will work; we need to know how it will work and how the concerns raised by legal experts such as Mr Larkin will be addressed.

An authoritative, independent legal opinion would give us much greater confidence on this point. Indeed, the question of legal compatibility has a direct bearing on the other amendments in this group, which pertain to Northern Ireland; we will listen very carefully to what the Minister says in response to those.

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However, the amendments tabled by the noble Lord, Lord Udny-Lister, also include provisions regarding consultation on these powers, including with manufacturers. A broad consultation will follow Royal Assent of this Bill and the current call for evidence is also a mechanism by which views can be raised. Therefore, I do not believe that additional requirements that choose to mention manufacturers, retailers and consumers but omit academics, public health teams and local authorities are desirable. Moreover, moving from regulations, which would say that certain things must happen, to guidance would water down their effect. We surely all know the potential effect of that. The Government must act swiftly on reducing youth appeal of these products. Removing images and colours can be done quite quickly. I also support regulations rather than simply guidance on such matters. I look forward to hearing the Minister’s reply.

[Earl Howe (Con)]

My Lords, through these amendments my noble friend has issued a challenge to the Government which I think is extremely welcome. The challenge is to explain why the objectives the Government are seeking to achieve through Clauses 89 and 93 are achievable only via the heavy hand of prescriptive regulation rather than by less burdensome means. Is there a role for guidance as a substitute for regulation, and might there be merit in challenging manufacturers and others in the supply chain to take direct responsibility for the design of their packaging within certain parameters?

The Minister will probably say when it comes to the tobacco giants—whose ways, alas, we know from of old—that that kind of aspiration is a somewhat forlorn hope. But what if regulation, instead of being enacted willy-nilly, were used by the Government as a sword of Damocles hanging over the various arms of industry? Has anyone actually spoken to manufacturers of nicotine products or vapes to see whether they would entertain the idea of avoiding regulation by agreeing a responsibility deal with the Government whereby, in designing their packaging, they did so ethically, in a way that avoided including imagery of obvious appeal to young people, or colours and fonts that serve to glamourise the product contained inside? That idea sounds a whole lot less complicated than drafting regulations in inevitably minute detail, which could easily become quite a difficult exercise. A certain amount of commercial freedom would thereby be retained by manufacturers, along with some scope for market competition, which would be another incentive for playing by the agreed rules.

My noble friend’s amendments return us to themes we have touched on already during Committee: questions of proportionality, consultation and the need to ensure that the framework we create is both evidence-based and appropriately targeted. I am particularly supportive of Amendment 140E, which again highlights the importance of engaging with retailers and manufacturers before new provisions are introduced. It is an amendment which reminds us that we are not dealing with a single homogenous group of products. There is a wide spectrum here, from combustible cigarettes through to heated tobacco, vapes and other nicotine products, and as each of them carries a different level of relative harm, those differences should be recognised, both in consultation and in how the law ultimately treats each one of those products.

I therefore hope that the Government will give serious consideration to the intent behind these amendments, and that the Minister can set out how the Government are meeting the challenge my noble friend has issued: the need to explore whether we can achieve a set of desired ends by the least burdensome route, by proper engagement with stakeholders and by recognising the distinctions between products that the Bill has chosen—rather too often, I am afraid—to lump together.

[Baroness Merron (Lab)]

My Lords, I start by thanking the noble Lord, Lord Udny-Lister, for bringing these amendments forward, and I thank all noble Lords for their contributions today.

I should start by providing clarification that I hope will be helpful to the Committee. The Secretary of State is already able to issue guidance in these areas. However—I particularly make this point to the noble Earl, Lord Howe, who I listened to closely—here is the problem. Guidance is not enforceable, as he is aware. Instead, we would have a voluntary system that industry could choose whether to comply with. I am also grateful to the noble Baroness, Lady Northover, for her support in the arguments I am about to make.

The reality is that industry is already able to choose to package its products in a way that does not appeal to children; it could already be doing that now. There are some companies that are to be credited for following this line of not appealing to children, but the fact is, as the noble Baroness, Lady Northover, said, that we see far too many vapes marketed alongside cartoons and other imagery that can only be described as focused on young people. It is therefore appropriate and necessary for the power to make regulations to remain.

The noble Lord, Lord Udny-Lister, referred to heated tobacco. We had an extensive debate on the tobacco products in scope, including heated tobacco, on a previous day in Committee, so I will not take up any more of the Committee’s time on that.

As for consultation, Clause 109 already requires the Secretary of State to consult before making any regulations in Part 5. I can assure the noble Baroness, Lady Northover, that we intend to consult on introducing restrictions on tobacco, vaping, which she spoke of, and nicotine product packaging as soon as possible next year. The consultation will be open to all, and we will listen very carefully to the views and evidence put forward by stakeholders.

Amendment 147B is also not needed. Clause 93, on non-compliant images, is intended to stop images being published of products that do not meet the packaging and product design requirements that could be specified under Clauses 89 and 90 respectively. Those clauses already allow the Secretary of State to restrict the use of imagery such as cartoons and images that would appeal to young people. There is therefore no need to amend Clause 93, on non-compliant images. I hope that the noble Lord feels able to withdraw his amendment.

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[Baroness Walmsley (LD)]

My Lords, I support my noble friend Lord Russell’s Amendment 146. It seems to me both sensible and essential to set the groundwork, as he put it, for further work on defining vape flavours—keeping in mind at all times the Government’s intention, which we support: to allow vapes as an effective, proven tool in quitting smoking tobacco while at the same time addressing the egregious activities of the tobacco industry vis-à-vis young people. It has used colours, flavours, images, packaging and marketing to encourage young people who have never smoked to take up vaping. We know that, once hooked on the nicotine in these products, it will be very difficult for these young people to wean themselves off them when they want to. We also know that evidence of real and lasting harm will continue to emerge over the next few years, and that is why the work to define flavours is so important and why I support this probing amendment.

I am one of those nerdy people who, when they go shopping at the supermarket, takes a little magnifying glass with them. I strongly suspect that the “banana ice” vape of the noble Baroness, Lady Fox, and the “mango ice” vape of the noble Lord, Lord Moylan, have never been within five miles of a banana or a mango, and that anything called “raspberry fizz” will never have been within five miles of a raspberry. These things are put together. They do not contain any raspberry, mango or banana; instead, they contain a whole mix of chemicals. It might be more honest to label them with, “This vape tastes a bit like banana, but it contains the following 15 chemicals”, but you cannot do that, can you? Hence the Government’s problem.

As with the other amendments in this group, Amendment 142 would open the way for the Government to include big-puff vapes and other technical measures in regulation—perhaps things such as age-gating at some future point—but it would not mandate them to do so. So, I would certainly not oppose it, although the Minister might tell us that the Government can do all this without the amendment.

Amendment 144 could inadvertently restrict the Government’s opportunity to limit the number of flavours. I would not want to do that, so I do not support this amendment, but I would like to see the Government allow a reasonable range of flavours to help people who use vapes or who are quitting smoking, for the very reason indicated by the noble Baroness, Lady Fox: smokers like the fruity flavours, which certainly help them. That would be a very good thing. I really do think that allowing only a tobacco flavour would be a bad idea, because tobacco is the very thing that smokers want to get away from.

I very much look forward to the Government’s response, particularly to my noble friend’s amendment.

[Earl Howe (Con)]

My Lords, I need to start with some apologies to my noble friends Lord Mott and Lord Udny-Lister because I have to express a measure of caution on Amendment 142, which would increase the power of Ministers to make regulations on the sorts of products that can be banned by extending the scope of Clause 90 to include design and interoperability.

Although I recognise the intent behind the proposal, the problem here is nailing down exactly where the truth lies. One hears from a number of people that so-called high puff count vapes are inherently harmful and are, therefore, to be regulated or prohibited. My noble friend Lord Udny-Lister certainly indicated that that was his view, but it is nevertheless striking that the briefing I received from ASH regards this amendment as unnecessary. If the Committee will forgive me, I will just read out a section of it:

“Concerns regarding larger big puff products may be unfounded. There is no current evidence to suggest that these might increase harms or pose additional risks from products containing less liquid. It is possible that larger-volume products could have benefits in terms of satisfying consumer demand for longer-lasting products, reducing environmental impact and increasing the price point of initial purchase without unduly raising the price per puff for those using them to quit smoking”.


I find that a little baffling, and it would be very helpful if we could hear from the Minister the official view of these high puff count devices.

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[Baroness Walmsley (LD)]

My Lords, I shall say a few words in support of Amendment 147 from the noble Lord, Lord Moylan. I think his intention is quite correct for the following reason. Many of those who wish to stop smoking want to be released from the addiction to nicotine altogether, as they did in the old-fashioned way, as he has just said. They do not just want a less harmful nicotine hit. It is an expensive and harmful addiction, particularly for the developing young brain, yet we are told that many young people are becoming addicted to nicotine through vapes and tobacco pouches, and there is no help for them to quit in many places. As the noble Lord said, NICE guidelines list four services that should be available, including behavioural interventions and in-person group sessions, to help people quit, as well as nicotine-containing replacements for tobacco, which are available in most local stop smoking services. I have received a briefing from Allen Carr’s Easyway, although I have never come across the company before.

There is some evidence that some people who manage to stop smoking tobacco by using a nicotine replacement go back to smoking tobacco in the end. Quitting nicotine altogether has been shown to be more sustainable; people go back to smoking less often when they have managed to kick the nicotine habit as well. I assume that that is why NICE has recommended that services to get off nicotine addiction must be offered as well as vapes and patches. I note that, in its guidelines, NICE does not say “should” or “could”; it says “must”.

The ultimate role of NICE is to ensure that people across the UK have access to the most effective and cost-effective treatments and services; that is why it says that all four methods of quitting should be available. It may be much easier, quicker and even cheaper just to hand out patches and vapes—it is certainly much more difficult to arrange behavioural therapies and group therapies—but, for some people who want to quit smoking, it is more effective for them to have behavioural therapy, group therapy and the help of Allen Carr’s Easyway. That company must be good, authentic and of a high quality if it is recommended by NICE.

I certainly support the intention of the noble Lord, Lord Moylan, in his amendment.

[Earl Howe (Con)]

My Lords, I cannot put it better than the noble Baroness, Lady Walmsley, has just done in relation to the recommendations about Allen Carr’s Easyway, which has been warmly endorsed by NICE in its guidelines. This is one of the four interventions that NICE recommends. The content of those guidelines should now be underlined for NHS smoking cessation clinics, to ensure that, exactly as the noble Baroness said, there is an option for those who do not want to remain addicted to nicotine when they elect to stop smoking.

I hope that the Minister will take this amendment away with her; I am grateful to my noble friend Lord Moylan for raising this issue. I say to him that there is probably another dimension to his amendment, if one takes literally the wording around what constitutes an appropriate level of nicotine in vapes. We have heard from the Minister that there is a power to regulate this in the Bill. However, again, we have a tension here: on the one hand, there are obvious arguments in favour of limiting the strength of nicotine in vapes that are used recreationally; on the other hand, we want vape dosages of nicotine to be strong enough to satisfy the addictive craving of someone who is hooked on smoking tobacco and who does not wish to go down the Allen Carr route. If you make the dosage too weak, the patient will simply revert to their former harmful habits.

My noble friend’s amendment is also useful in the sense that it would enable us to hear from the Minister how the Government propose to reconcile those dual objectives and the potential difficulties that face policymakers in attempting to regulate nicotine strengths. This short debate has brought us to an interesting point in the smoking cessation arguments. I look forward to what the Minister has to say.

[Baroness Merron (Lab)]

I thank the noble Lord, Lord Moylan, for bringing forward Amendment 147 and thank noble Lords for their reflections on this amendment.

I start by giving the reassurance that the Bill will allow the Secretary of State to continue making provisions about the amount and nature of substances that may be released into the body by vaping and nicotine products. Regulations made under this power will apply to products sold on the market and to those provided through stop smoking services. We will consult before making regulations and will consider restrictions carefully to avoid any unintended consequences on smoking cessation, which I know is of great concern to noble Lords.

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[Baroness Northover (LD)]

My Lords, this group contains a number of amendments tabled by the noble Lord, Lord Udny-Lister, which relate to what he identifies as burdens that are potentially being placed on the industry when assessing the harms of products. There is much here that can and should be explored through consultation on this legislation. For example, it is important that clear standards are set for appropriate facilities to undertake testing, but it does not feel appropriate or proportionate to have a set list of providers who can undertake this. That feels like locking manufacturers into a bit of a closed market, although I hear what the noble Lord says his intention is behind this.

I also caution against amendments that seek to compare nicotine products as benign, when compared with tobacco. We have had quite a debate about that this afternoon. Obviously, it can be helpful in assessing whether a particular nicotine product should be used for smoking cessation purposes, but defining it as simply less harmful than tobacco does not mean it would be a good public health standard, as we have heard. Not all users of these products will be smokers, as we have also heard, and we already know that the route to smoking for young people is now often via vapes. We have had quite a discussion of that, and the fact that nicotine is addictive. We have heard how difficult it is to give up nicotine, however much we may wish that not to be the case. It is therefore important to assess the impact on health of nicotine in its own right. The noble Lord may feel that that comparative approach is included in his amendment, but I would be concerned about adding his amendment to the Bill.

Amendment 148C would remove the following provision:

“The regulations must prohibit a producer from nominating an individual without the individual’s consent”.


We feel that should remain part of the Bill.

Amendment 149A refers in effect to delegated powers. I understand the concern about those powers but also why the Government seek wide and flexible powers in the Bill, given what they are dealing with and the fast footwork in this industry. Would it not have been good had the vaping and tobacco industry made sure that nicotine substitutes were targeted only at smokers trying to shed their smoking habits? Who would have thought, as we looked at this a few years back and supported the use of such products for such purposes, that we would be where we are now? But we are—so I hope that the Committee will forgive me for my jaundice on this matter. This ship has sailed; the manufacturers have shown themselves not to be trusted to market them only as smoking cessation tools, and the Bill rightly seeks to protect our children and grandchildren. Waiting for primary legislation to come around again on this, while the industry targets in a new and inventive way so that children get hooked and cannot free themselves from its embrace, is not what a responsible Government should do.

Had the industry proved trustworthy in the past, I would maybe have a different view, as someone who thought nicotine substitution was a useful down ramp for addicted smokers—so I remain unconvinced. Who would have predicted that we would be where we are? This industry is nothing if not inventive, and we should therefore oppose these amendments.

[Earl Howe (Con)]

My Lords, this group of amendments in the name of my noble friend Lord Udny-Lister raises a number of sensible points about proportionality, transparency and evidence within the regulatory framework that the Bill will establish. Amendments 148A and 148C speak to the question of clarity and accountability, both in research and in representation. They would ensure that everyone—manufacturers, the Government and members of the public—can have sight of who exactly is responsible for carrying out studies on products and who is representing a manufacturer’s interests.

I listened to what the noble Baroness, Lady Northover, said about a closed list. It seems to me that the besetting problem in this entire area is that the general public do not know what information they can rely on. There is an awful lot of myth and misinformation out there, as well as suspicion. By requiring that studies are undertaken by approved providers and that the nominated responsible person has a genuine connection to the UK, these amendments would bring about welcome transparency and help to provide confidence—to consumers and the industry alike—that those undertaking research and providing information are properly qualified and within reach of UK oversight. That principle seems very sensible. I would appreciate hearing the Minister’s thoughts on it.

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[Baroness Northover (LD)]

My Lords, consultation and the extent to which certain groups are involved has been a key theme of these debates so far. Amendment 154, in the name of the noble Lord, Lord Lansley, raises some interesting points regarding existing codes of practice, guidance and standards. He is quite right that there is a real range when it comes to manufacturers and retailers of vaping products. However, as a general principle, I think he will recall from his time in government that self-regulation has had a lot of problems, as the Minister reminded the noble Earl, Lord Howe.

One relevant example here is the voluntary code that was introduced for tobacco advertising in 1971. I am not aware of a model in the vaping industry that has been effective in regulating products in a way that reduces their appeal to young people, as we have been debating. As the Minister pointed out, it has had that opportunity and it has not taken it. Although I recognise that Amendment 198 from the noble Lord, Lord Moylan, is speaking specifically about vaping policy and products, the fact remains that it is the manufacturer or company that is captured by the WHO treaty. The suggestion in Amendment 198 is, in effect, that the Secretary of State should disregard Article 5.3 of the WHO Framework Convention on Tobacco Control. This is part of a global treaty to protect health policy from the pernicious influence of the tobacco industry. I made reference earlier to what I saw when I was a Department for International Development Minister—tobacco companies giving children in developing countries cigarettes and pressurising Governments, who hardly had the resources to push back, to allow them free rein.

Article 5.3 was a necessary reaction to decades of deceit by an industry that knew about, but covered up, the deadly effects of its products on those who are hooked on them. It was, in my view, an astonishing achievement to secure this measure through the WHO; I doubted that it could ever be achieved. In my view, we must do nothing to undermine that global agreement, and I hope we will not, but as the noble Lord, Lord Lansley, pointed out, Article 5.3 will not prevent the Government working with parts of the vaping industry that are not owned by the tobacco industry; nor does it exclude all contact. The guidelines are clear: parties should interact with the tobacco industry only when it is strictly necessary in order to enable them to regulate effectively. Tobacco companies have claimed that Article 5.3 should not relate to their non-tobacco products, as the noble Lord, Lord Moylan, and the noble Baroness, Lady Fox, indicated, but the requirements in the treaty are both clear and necessary. The tobacco companies’ profit motives are misaligned with public health goals.

Even with these guidelines and the UK’s strong position on Article 5.3, the tobacco industry continues to try to engage with Ministers. I was extremely concerned to see that, last week, the Trade Minister, Chris Bryant, was at an event sponsored by Philip Morris, Imperial Brands and British American Tobacco: the Asian Trader Awards. Paul Cheema, the retailer who fronts the “Protect Your Store” campaign, which is full of industry-backed misinformation, was awarded the Responsible Retailer of the Year award, sponsored by Imperial Brands, in recognition of his work to campaign against this very Bill. That campaign bears a strong resemblance to the “Save Our Shops” campaign, which the noble Earl, Lord Russell, will remember, as, no doubt, will the noble Lord, Lord Lansley. That campaign, launched in 2008, was funded by the Tobacco Manufacturers’ Association through the Tobacco Retailers’ Alliance.

I hope the Minister will remind her colleagues in the Department for Business and Trade of their responsibilities in this area. The tobacco industry is extremely active in attempting to influence this Bill and other regulations, and it has deep pockets. I am very wary of the approach of these amendments, for the reasons I have given; I look forward to the Minister’s response.

[Earl Howe (Con)]

My Lords, each amendment in this group constitutes a suggestion to the Government that there is a place for regulation with a lighter touch in what is currently a rather heavy-handed Bill. As our Committee debates move forward, I get the sense that a large number of restrictions, rules and regulations are now being devised centrally and will, in due course, be placed on some very large industries, some of them very responsible, without those industries being brought properly into the loop. I hope that I am wrong on that latter point.

My noble friend Lord Lansley has helpfully drawn attention to the codes of practice and the standards that already exist in the vape and nicotine industries, which are overseen by representative industry bodies. The existence of these standards and codes is a reflection of a desire on the part of those businesses to act responsibly towards consumers—and to be seen to do so because, of course, these industries understand their businesses best and are in the best position to frame rules that are designed to drive out poor practice but nevertheless maintain healthy competition in the marketplace.

My noble friend may correct me if I am wrong but, as I interpret his amendment, he is not saying that there is no room for government regulation on top of what these industries are already doing; as we debated earlier, there may well be further restrictions that, for public health reasons, prove to be appropriate. What he is saying, however, is that the Government need regulate only where there is a patent need to do so; and that there may be less need to regulate if there is a responsible industry body in place. There is a parallel with the Portman Group.

[Lord Lansley (Con)]

Before my noble friend moves on to that helpful analogy, I would like to say—not least in response to what the noble Baroness, Lady Northover, said—that I do not regard what I am putting forward as asking for industry self-regulation. In fact, I am asking for co-regulation in that relationship with government. Making the regulation effective is what I am all about.

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[Earl Howe (Con)]

That is a very helpful clarification; I am grateful to my noble friend. There is a good parallel with the Portman Group, which is recognised, as he said, in statute and has a well-understood relationship with government. That is an appropriate parallel for the Government to consider.

In the same vein, Amendment 198, tabled by my noble friend Lord Moylan and the noble Baroness, Lady Fox of Buckley, seeks to establish an industry forum. The bringing together of Ministers, supply chain representatives and officials would ensure that policies are based on not only principle but real-world experience. I return to the theme of evidence-based policy and there is a parallel here too. As the Minister knows, there are already industry forums for pharmaceuticals and for medical technology, each of which I used to chair as a Minister. Each provides a mechanism for government and officials to engage with those who work day-to-day in the vape and nicotine industries. For the vaping and nicotine industries, it would be a very effective way of making sure that the real world was reflected in future policy-making.

[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.