Tobacco and Vapes Bill

Debate between Earl Russell and Baroness Merron

Report stage
Tuesday 3rd March 2026 Lords Chamber

[Earl Russell (LD)]

My Lords, I will respond to this group of amendments concerning the proposed retail licence scheme for tobacco and nicotine products. We welcome the inclusion of a retail licensing scheme in this Bill. This is a significant and constructive addition to earlier versions. The proposal represents a major step forward in strengthening the regulation of tobacco and nicotine sales in the UK. It brings the sale of tobacco into line with established practice for alcohol. Tobacco, of course, remains the single most harmful product that is still readily available. It is the single biggest cause of preventable illness and early death in the United Kingdom. It therefore follows that the sale of these products should be subject to comparable regulatory oversight. Extending the oversight to vapes and other nicotine products will further assist trading standards in addressing non-compliant, unregistered and under-age sales. This combination of proportionate regulation and clear enforcement powers will help to protect both the public and responsible retailers from unscrupulous and illegal competition.

The principle underpinning this reform is simple: the right to sell products that carry health risks must come with clear responsibilities. We want a system that supports compliance, deters abuse and places public health at its heart. Amendment 21A, tabled by the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, would ensure a minimum of a one-year gap between regulations being passed and coming into effect, allowing for a transition period. We entirely understand the wish to allow retailers, local authorities and other enforcement bodies adequate time to prepare for the new framework. Implementation must be orderly and practical. However, setting a fixed one-year time delay in primary legislation risks creating unnecessarily rigid constraints. Some elements of the scheme may be ready to begin earlier, while others might benefit from a longer period. The Government’s approach—to determine the precise timing through secondary legislation, informed by evidence gathered from those affected through consultation and negotiation—will ensure that that transition happens as smoothly and credibly as possible.

Turning to Amendments 23, 30, 43, 45, 114 and 115, I have listened carefully to the points made by the noble Earl, Lord Lindsay, regarding how existing specialist tobacconists should be treated within the new regime, including on transitional protection and possible exemptions. We acknowledge that the Government have already made some considerable steps in these areas, and we fully recognise the intention here: to try to give certainty to small specialist retailers who have operated responsibly and reasonably within the law for many years. However, these amendments would, in effect, enshrine grandfather rights in primary legislation, automatically conferring licences or permanent exemptions from any future limits on the number or distribution of these outlets throughout the United Kingdom and the devolved Administrations. That would effectively pre-empt the consultation process and remove discretion before any evidence has been gathered or assessed in any way.

It is important that all aspects of eligibility, transitional arrangements and the scope of any future caps or location-based controls are properly considered through consultation, considering not only the interests of existing traders but the wider objectives of public health, community protection and fair enforcement. Given that this applies to existing retailers, not new ones, it does seem that these points should be made within the consultation. We hope that the Minister intends to do that and is open and considerate to these small and normally very compliant retailers—a point that has been made several times. We imagine that the retail licensing scheme will differentiate between the different types of retailers; but given that all details have yet to be confirmed, these amendments feel premature to us.

Amendments 24 and 25 relate to national registers and a unified digital portal. Again, to us, it feels like these things will be necessary for any licensing scheme, and we therefore assume that these amendments are not necessary, but it would be helpful if the Minister could confirm that. On Amendments 31 and 44 and alcohol licences, we believe that this is already possible, but it would be useful if the Minister could confirm that.

I would like to pick up on one point that was made in the debate. It would be helpful if the Minister could say a word about how breaches made under one licence would be communicated and passed on to the people who are regulating the other licences, and how she feels these two licensing schemes would interact with each other, specifically where breaches have taken place.

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

My Lords, I am most grateful to noble Lords for their contributions to this debate, as well as the engagement they have been good enough to give their time to before Report.

Let me start with the amendments from the noble Earl, Lord Lindsay. The UK Government, Welsh Government and Northern Ireland Executive are carefully considering the design of the licensing scheme. A recent joint call for evidence asked detailed questions about implementation. This included specifically inviting feedback on whether applications for existing businesses should be treated differently from those for new businesses, and whether factors such as the location and density of retailers should have a role in granting licensing. I know, particularly from the debate today, that the question about existing businesses is a matter of concern to noble Lords.

We are aware that, under reforms to alcohol licensing through the Licensing Act, existing compliant businesses were indeed brought on to the new system, as noble Lords have referred to before, using grandfathering arrangements. I can assure noble Lords that we are considering this carefully alongside the feedback from our call for evidence, and we will invite further feedback when we consult on our proposals. However, the main point I would like to emphasise—a number of noble Lords have asked about this, and rightly so—is that, as I have said before, the Government do not wish to create a scheme which arbitrarily puts law-abiding retailers out of business. That is absolutely not the intent of this policy.

The noble Lord, Lord Johnson, the noble Earl, Lord Russell, and my noble friend Lord Mendelsohn, along with other noble Lords, raised questions about specialist tobacconists, which we have discussed, and rightly so, on a number of occasions. With regard to various regulations that we have spoken about, and on specialist tobacconists broadly, as the noble lord, Lord Johnson, acknowledged, I gave the assurances on day 1 of Report last week, and I hope they have been heard.

We want a scheme that is proportionate and fair, as I believe noble Lords do, particularly to the many existing businesses that operate responsibly—I emphasise that, because they deserve credit—but we also want to deter those who break the law, which was called for by the noble Lord, Lord Strathcarron. Again, feedback on our proposals will help us strike the right balance. While I cannot accept the noble Earl’s amendment, I hope I have provided some reassurance that we are considering the details of this scheme in a way that is sympathetic to his aims.

I am grateful to the noble Lord, Lord Udny-Lister, for tabling Amendments 24 and 25 and to the noble Lord, Lord Kamall, for tabling Amendment 21A. I am sympathetic to what noble Lords are seeking to achieve with these amendments. We agree with the need to introduce more rigour around who can sell these products and to minimise additional burdens on retailers and local authorities as far as possible. We also share the desire of the noble Lord, Lord Kamall, to ensure that retailers have enough time to prepare for the new licensing scheme. However, I believe these amendments are not needed as they are about how the scheme is implemented effectively. This is something we need to consider properly—the noble Earl, Lord Russell, referred to this—through consultation.

I can confirm to the noble Earl, Lord Howe, as I have before, that we are in regular contact with retail associations on implementation of the Bill, including the design of the future licensing scheme. This work will continue.

I know how strongly the noble Lord, Lord Lansley, feels about the point that he is raising. We have engaged with the UK’s main independent vaping bodies—the UK Vaping Industry Association and the Independent British Vape Trade Association—and that engagement will continue. We will continue to hear their considerations and those of their members, but ultimately our policy decisions on future regulations will be guided, as noble Lords are aware, by evidence to protect and improve public health. I appreciate the view of the noble Lord, Lord Lansley, which is different from the one that I am suggesting, but I hope he can be reassured about our engagement directly with those bodies because we feel that is the right thing to do.

I want again to reference our call for evidence, which asked about what support retailers and local authorities may require. It encouraged feedback on what works for existing licensing schemes. It also asked a specific question about how long is required to implement the scheme. These are all things rightly of concern to noble Lords in this group. The noble Earl, Lord Howe, raised a point about timings, how the timetable will go and including a lead-in time. We are considering these issues carefully and will reflect on the feedback that we have received before consulting on our proposals. The noble Earl, Lord Howe, understandably asked for an update on the feedback in the call for evidence. That is important because the feedback will, as the noble Earl knows, inform our proposals for consultation. I am not able today to provide the update that the noble Earl rightly seeks, not least because we are still considering the returns from the call for evidence, which closed at the end of last year. But I can say that in our view there is no need to introduce legislative requirements, as in these amendments, before consultation has taken place. The noble Earl, Lord Russell, made a point about the amendments being somewhat premature, but I know they have the best of intentions. The Government are fully committed to ensuring that there is fair and reasonable time for businesses to adapt to any new regulatory regime.

Turning to Amendments 31 and 44 from the noble Lord, Lord Udny-Lister, I am again sympathetic to what he is seeking to achieve. Where a business is found to have not complied with tobacco and vape legislation, it makes sense to bring into question whether that business is acting responsibly in relation to other products. However, any action that licensing authorities take against businesses should, as we would all expect, be justifiable and proportionate. A decision to suspend or revoke a business’s licence might have a significant impact on its livelihood and should not be taken lightly. Noble Lords have rightly made that point in this Chamber.

We are talking here about different products; it might not always be the case that non-compliance with one licensing scheme means that a business is non-compliant with another. It is important that licensing authorities take decisions with evidence of the business’s capability to sell specific products in line with the objectives of the respective licensing schemes. However, I agree that breaching a tobacco and vape licence may indeed be a useful signal for licensing authorities to more closely investigate a business’s compliance with their alcohol licence or vice versa; this is something that the noble Earl, Lord Russell, also asked about. Licensing authorities can and should use their judgment and knowledge of a business’s track record to inform the level of scrutiny that they apply. This includes, where there are concerns that a business is not complying with one scheme, carrying out additional checks to ensure compliance with other licences that it may hold and taking appropriate action where needed.

I hope that noble Lords have been reassured not only today but in the engagement that we have had prior to today, and that the noble Earl will feel able to withdraw the amendment.

--- Later in debate ---

[Earl Russell (LD)]

My Lords, I will respond to this group of minor and technical government amendments, which relate primarily to enforcement and regulation-making powers. I thank the Minister for her clear explanation of these technical and complex but necessary clarifications within the Bill. Briefly, our Benches appreciate the explanation given but we fully support what the Government are doing in these amendments and have no particular concerns with them. In the interest of time, I will avoid going into the detail, but we have no objection to any of these amendments.

[Baroness Merron (Lab)]

I will also be brief. I am grateful for the support of the noble Earl, Lord Russell. As I stated in my opening speech, these amendments serve to strengthen the overall enforcement of the Bill, as well as the processes for future regulation—something that I know is of concern to both Front Benches, as well as all noble Lords. For this reason, I beg to move the amendment.

Tobacco and Vapes Bill

Debate between Earl Russell and Baroness Merron

Report stage
Tuesday 24th February 2026 Lords Chamber

[Baroness Merron (Lab)]

My Lords, I am grateful to all noble Lords who have contributed to this debate. The Chief Medical Officer’s advice on vapes is quite clear: although vaping is less harmful than smoking and can be an effective quit aid for adult smokers, non-smokers and children should never vape. In the design of policy proposals, it is imperative, we feel, to get the balance right—I say this to noble Lords who raised this point—and we sought to get the balance right between protecting future generations from the risk of vaping and ensuring that vapes remain accessible for adult smokers. I hope the noble Baroness, Lady Fox, in particular will welcome that.

Amendment 7 from the noble Earl, Lord Russell, would add a new clause to the Bill to provide a regulation-making power that could be used to add vaping and nicotine products to the smoke-free generation provisions in England and Wales. I understand the aims of the noble Earl in bringing this forward, but I have to say—again, I hope this will be helpful to noble Lords who expressed concerns—that there is a fundamental difference in safety between vapes and tobacco products.

Tobacco is uniquely harmful. Up to two-thirds of deaths in current smokers can be attributed to smoking —so vaping, while it is not harm free, is significantly less harmful than smoking. Given the current research on health harms, the evidence base does not support extending smoke-free generation provisions to vapes or to nicotine products.

Also, to respond to the amendment, the Government should assume new powers only where there is clear justification for future regulatory change. Certainly, introducing a vape-free generation power, as suggested, would be a major step not currently supported by evidence. An age of sale restriction of 18 for vaping and nicotine products is therefore considered proportionate to protect children and young people, particularly as they may be more susceptible to the risks from nicotine use, including addiction.

On Amendment 16 from the noble Earl, Lord Russell, and to the points raised alongside this by the noble Baroness, Lady Bennett, I hope that I can provide a reassurance that the Government are already delivering a comprehensive programme to tackle youth vaping, strengthen enforcement and reduce environmental impacts, and have the relevant expertise required on these issues. It is our contention that it is not necessary to put this on a statutory footing.

The noble Earl, Lord Russell, as did the noble Baroness, Lady Bennett, asked how we would deal with the environmental impact of vapes. That is an extremely important area. What I can say is, as part of our upcoming circular economy growth plan, to which the noble Earl referred, the task force will consider circular design. That means including cross-government approaches such as would fit this Bill; it will consider regulation of product features and support increased recyclability—and I think that is the right place for it to be dealt with. We have to remember that last June we banned the sale and supply of single-use vapes, and from 1 October this year we will introduce a vaping products duty, which we know is effective at dissuading price-sensitive young people. Furthermore, we have a range of measures in this Bill that will tackle the drivers of youth vaping and allow us to take action on advertising, packaging, flavours and display. To support the development of future regulations, importantly, we have recently conducted a call for evidence to gather views on issues such as flavours, nicotine limits and tank sizes. There are differing opinions on all of these, so I think the call for evidence is the right approach.

The Bill also strengthens enforcement with powers that will enable us to introduce a licensing scheme and product registration scheme. Through our £10 million enforcement programme with National Trading Standards, which I referred to in the previous group, we will fund the vaping expert panel to provide valuable guidance for trading standards professionals on the enforcement of regulations.

We are also commissioning independent research through the National Institute for Health and Care Research. This includes a comprehensive analysis of all youth vaping studies and a five-year long living evidence review that will collate the latest research of vaping. Additionally, last year, we announced a landmark 10-year study that will include in its investigations the long-term health impacts of vaping on young people’s health. I consider that all these will greatly build on to the knowledge base and evidence base that we have.

Amendments 13A and 14A, tabled by the noble Lord, Lord Kamall, seek to exempt sales from vape vending machines in mental health hospitals for patients and staff aged 18 and over. I am very grateful to the noble Lord for raising this issue. As I am sure the noble Lord realises, we believe that the Government’s amendment covers what he is intending to achieve—and I am glad that he is indicating his agreement on that point.

I listened carefully to the concerns raised by noble Lords in Committee on patients in mental health facilities—something particularly close to my heart, as I am the Minister for Mental Health. These patients’ liberties may be restricted in terms of their being able to access vaping products to meet the public health need of helping them to quit smoking or manage nicotine addiction. Adults with a long-term mental health condition have much higher smoking prevalence rates than the general population, and this exemption takes into consideration the concerns that were raised by Peers, for which I am grateful, related to helping those people with a long-term mental health condition to quit where needed and it is appropriate.

In my reflection on these concerns, I am pleased to say that is why I have brought forward government Amendments 14 and 15, and I am very pleased to have the welcome of both Front Benches, as well as the noble Baronesses, Lady Bennett and Lady Fox. These government amendments provide an exemption from the ban on vape vending machines for adult mental health in-patient facilities in England and Wales. To be clear, the wording of the exemption has been very deliberately chosen. It is tightly defined to include only adult mental health in-patient settings and only in areas intended wholly or mainly for in-patients. By its nature, that means that staff will also be able to access these machines, but the exemption would not extend to areas that are not mainly for in-patient use, such as a visitors waiting room or a staff room. I hope that gives some indication to the noble Baroness, Lady Northover, on how this might work.

We are retaining the wider ban on vending machines to prevent young people from accessing age-restricted products, and to protect the next generation from being hooked on nicotine. I hope that this provides the necessary reassurance to the noble Earl, Lord Russell, and that he will feel able to withdraw his amendment.

[Earl Russell (LD)]

My Lords, I am thankful for all those who have spoken in this debate and for the Minister’s detailed response.

On government Amendments 14 and 15, I am grateful to the noble Lord, Lord Kamall, for bringing the issue forward, and I am grateful to the Minister for listening and bringing forward the Government’s own amendments. As the Minister has commented, they have been welcomed across the House; they are compassionate and sensible measures, so they are very welcome indeed.

On my Amendment 7, I tried to explain the journey that I had been on in terms of a general purpose clause. It might be that the wording of my amendment was still a little bit clunky. I want to be absolutely clear: it is not a relentless attack on nicotine, and I am not anti-vaping. The question is where we draw the line on these issues, which is probably for another Bill in future. I absolutely recognise the role of vaping in smoking cessation, but what I do not want is a new product line for big tobacco to create new nicotine addicts and to create future revenue. Where we sit between those two points is perhaps a matter for another Bill, but those issues will at some point need to be addressed. That should not be done in a way that is overly restrictive, but it should also not be done in a way that is overly free in allowing big tobacco to exploit young people and get them addicted to nicotine when that does not need to happen.

Turning to my Amendment 16, I listened to what the Minister said and I welcome the fact that the Circular Economy Taskforce is looking at these issues. We will look at those recommendations closely when they come forward. The Government say they have banned single-use disposable vapes. I must admit that, to my mind, to all intents and purposes, in the real world that is simply not the case. They are still single-use products. All that being said, I welcome the Minister’s response and I beg leave to withdraw my amendment.

Tobacco and Vapes Bill

Debate between Earl Russell and Baroness Merron

Committee stage
Thursday 13th November 2025 Grand Committee

[Earl Russell (LD)]

I apologise but I, too, want to make a brief point. I welcome the fact that the Government are conducting a review and collecting evidence; that is good. I hope that those things will be used to make fundamental, good policy. However, there is a tension here because we could have a situation where flavours are appealing both to children, whom we do not want to take up vaping, and to ex-smokers, whom we do not want to go back to smoking because we have taken flavours away. What I have not heard the Minister say is that there will be an examination of price in that gathering of evidence. Doing more to raise the price of vapes, keeping them out of the territory of pocket money, is important in making sure that young children do not get access to these products. I encourage the Government to include that in their call for evidence.

[Baroness Merron (Lab)]

I thank noble Lords. On that last point, made by the noble Earl, Lord Russell, respectfully, I feel that we have covered that area at considerable length. I understand how strongly he feels about it.

On the point made by the noble Baroness, Lady Walmsley, currently, it is the MHRA that regulates vapes.

More broadly, I reiterate that I will be pleased to write to noble Lords to clarify still further what I have said. Overall, I emphasise that what noble Lords are raising in general are the exact reasons why we have a call for evidence and why we will consult. It is not the right moment to be categoric, but I take the point about noble Lords being concerned about what is permitted in the Bill. On that point, I will be very pleased to write.

Tobacco and Vapes Bill

Debate between Earl Russell and Baroness Merron

Committee stage
Monday 3rd November 2025 Grand Committee

[Earl Russell (LD)]

Before the Minister rises, I welcome the response to this amendment, but the point is that most people still litter their fag butts in any case and believe that they are already biodegradable, so I press the Government to take further action in this area.

[Baroness Merron (Lab)]

I say to the noble Earl, Lord Russell, that the issue is about depth of evidence and how action, if it is to be taken, gets the right result. I went over the unintended consequences several times for my own benefit and I can see the potential for this not producing what we want. I take his point, but it is about how, when and what the evidence and the effects are. That is why it is not possible to accept the amendment.

I note what the noble Lord, Lord Crisp, said about the 75%. I am not in a position to comment on that, but I refer back to what I said—it is about getting the right evidence. The challenge in this group of amendments is that the evidence is not complete and taking us to the right place, but we will certainly keep this under review. I say that in respect of some of the other amendments too. Noble Lords will be aware that there are various powers in the Bill that allow changes to be made as things develop.

Amendment 155, tabled by the noble Lord, Lord Mott, would add cigarette filters to the scope of Parts 5 and 6. Those parts apply to tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products. Those products have been included in the scope of the Bill as they cause harm in and of themselves. “Tobacco related devices” are also included in the scope of Part 5, so that we have the ability to regulate them in a similar way to vape devices. We are not convinced that the position with filters is the same. 

While we agree that filters should not be advertised in a way that promotes smoking, which is partly the point made by the noble Lord, Lord Crisp, the Bill’s ban on advertising and sponsorship already covers any advertisement with the purpose or effect of promoting a tobacco product, restating existing provisions. The Advertising Standards Authority has rules on filters which state that marketing communications for filters should not encourage people to start smoking or to increase their consumption.

Tobacco and Vapes Bill

Debate between Earl Russell and Baroness Merron

Committee stage
Thursday 30th October 2025 Grand Committee

[Earl Russell (LD)]

I welcome the Minister’s response. However, she said that my amendment would make vaping significantly more expensive than smoking but I want to fundamentally challenge that. That is not the case. The £25 would be a one-time deal; after that, you would save every time you refilled your vape. You would just spend £25 once in your lifetime. That is not making vaping more expensive than smoking in any way at all.

[Baroness Merron (Lab)]

I appreciate the clarification that the noble Earl has made. If that is the case, though, I have to say that that would send a complex pricing message to people, and we are not seeking to add complexity to where we are going. I am not sure I agree with the analysis but I am happy to look at the point that he is making.

Perhaps it will be helpful if I reassure the noble Earl that we are already acting to pick up the point that he rightly raised and which the noble Baroness, Lady Walmsley, was keen to emphasise, which is to ensure that vapes are not sold for pocket-money prices. Indeed, the Chancellor has confirmed the introduction of a vaping products duty from 1 October 2026. That will set out a single flat rate of £2.20 per 10 millilitres on all vaping liquids, and it will be accompanied by a simultaneous one-off increase in the rate for tobacco duties.

The noble Earl, Lord Russell, raised a number of points about the environmental damage done by vapes. I will be pleased to hear and respond to the debate in the next group about single-use vaping.

The noble Baroness, Lady Walmsley, asked about vapes being prescribed as a quit aid. We have a world-first scheme here, Swap to Stop, to help adults to ditch cigarettes as part of a 12-week programme of support, as I highlighted earlier in response to the noble Lord, Lord Moylan.

Amendment 28, tabled by the noble Baroness, Lady Northover, would prohibit businesses from providing free samples of tobacco and vaping products. The noble Baroness said herself that Clause 15 already bans the free distribution of any product or coupon that has the purpose or effect of promoting a tobacco, herbal smoking, vaping or nicotine product as well as cigarette papers, and that includes free samples. It should never have been the case that addictive nicotine and vaping products could have been legally handed out for free, and I am glad to say that the Bill closes that loophole. Clause 15 also states that products cannot be sold at a substantial discount, which will ensure that businesses cannot heavily discount products to the point where the price is no longer such a relevant factor for a prospective purchaser. So the noble Baroness is quite right to seek to close that loophole, and I am grateful to her for raising the issue, but I can confirm that the Bill already achieves her intention.

--- Later in debate ---

[Baroness Merron (Lab)]

My Lords, I am most grateful to noble Lords for the debate on this group of amendments. I will start with Amendment 22, tabled by the noble Earl, Lord Russell, which seeks to ban all “pre-filled single-use vaping pods”.

We understand the concerns being raised about the environmental harms of single-use products. The ban that was introduced by Defra came into force on 1 June, which was not so long ago. Under that ban, vapes must be rechargeable and refillable, while any coil must be replaceable. A vape is not considered refillable if it has a single-use container, such as a pre-filled pod, that you cannot buy separately and replace. Pre-filled pods that can be replaced are therefore not captured, to the points raised by a number of noble Lords, as the ban focuses on tackling the greatest environmental harms. Those are posed by batteries and the surrounding elements contained in the vapes. I acknowledge that vaping creates waste; that is true when users fill up a tank or pod themselves using refill bottles, as the noble Earl described, as well as when pre-filled pods are used.

However, to minimise the environmental impact, since April 2024 it has been compulsory for all businesses selling vapes and vape products, including pods, to provide their customers with a recycling bin and to arrange for these products to be collected by a verified recycling service. I hope that makes a helpful contribution in answering the points raised by the noble Earl, Lord Howe. Since this obligation came into force, some 10,500 vape takeback bins have been introduced into stores. I say to the noble Earl, Lord Russell, that Defra is monitoring the impact of its regulations and will consider the environmental impact of any new vaping regulations brought in using the powers in this Bill.

I hear the concerns about the appeal of single-use pods to children. The Bill contains powers to regulate vape devices. Importantly, we have recently launched a call for evidence that seeks information on the role that different sizes, shapes and features of devices play in the appeal of vaping to young audiences. As part of that, we would welcome evidence on any types of vaping device that particularly appeal to children. I assure the Committee that we will use the evidence to inform future proposals on potential restrictions to devices.

Amendment 145, tabled by the noble Baroness, Lady Fox, seeks to place additional requirements on the Secretary of State before regulations can be made on contents and flavour. I note that part of these requirements involves evaluating the impacts of the ban on single-use vapes, which came into force on 1 June. Defra is monitoring the impact of its regulations and a post-implementation review will be undertaken in line with statutory obligations.

Turning to the impact of future restrictions on contents and flavour, we recognise that vape flavours are an important consideration for smokers seeking to quit. We will therefore consider the scope of restrictions very carefully to avoid any unintended consequences on smoking rates. I am grateful to my noble friend Lady Carberry for her contribution on this group.

As I said, to support all this, the call for evidence was launched on 8 October. It includes questions about the role of flavours, their contents and the associated risks. I assure noble Lords that before any restrictions are introduced on contents and flavours, we will conduct an impact assessment. We will also undertake a consultation on our policy proposals, and Parliament will have the opportunity to scrutinise the regulations. I hope that this response allows noble Lords not to press their amendments.

[Earl Russell (LD)]

My Lords, I thank the Minister for her response to my amendment and the other amendment in this group. It has been an interesting group. I also thank the noble Earl for his response to my amendment. He speaks absolute truth: the reality for most people is that, if you have a legal vape with a pod in it and you are minded to not use it as a one-time product but to replace the pod, most shops do not sell them. You cannot get them, they are not available, and the reality is that big tobacco is skirting these regulations and selling only the vapes, not the pods—and, even if you buy the pod, they cost almost the same as buying a new vape.

I recognise the need to review the regulations, which are very recent, and I welcome the fact that Defra is monitoring that, but the real trouble here is that the regulations did not go far enough and there is no clear blue water. They are neither fish nor fowl. It is too easy to skirt these regulations. You just stick a charging point on, stick a pod in it, and you have met the requirements of the regulations, but the reality is that you are still selling a product that is extremely cheap, is used once and thrown away. These matters need further thought.

I asked the Minister whether she could update us on the work of the circular task force. Perhaps that is something we could do before Report. I am happy for that to be done in writing, but more needs to be done. I recognise the call of the noble Baroness, Lady Fox, for more evidence; the Minister has given some reassurance on that. However, I do not support holding up the Bill while we wait for that evidence. With that, I beg leave to withdraw my amendment.