Tobacco and Vapes Bill

Debate between Lord Blencathra and Lord Sentamu

Report stage
Tuesday 24th February 2026 Lords Chamber

[Lord Blencathra (Con)]

My Lords, unlike the noble Lord, Lord Rennard, I rise to support my noble friends’ amendments in group 1, not to defend tobacco, but to defend common sense, public safety and the livelihoods of tens of thousands of small shopkeepers who would be most harmed by a policy that looks simple on paper but is deeply dangerous in practice.

First, the burden on retailers and communities is real. Small shopkeepers already face unprecedented levels of crime and intimidation. The Bill would force them to enforce a moving legal threshold every year, placing the full weight of policing on their shoulders.

We heard an awful lot from the noble Baroness, Lady Northover, on guidance. I am listening to my noble friend Lord Sharpe of Epsom describing what the shopkeeper would have to do, and I would love to see what the Government guidance will be for that shopkeeper. When they ask, “What is your age? When were you born? Prove it.”, how on earth will the shopkeeper be able to deal with people in their 20s, 30s and 40s when trying to stay on the right side of an ever- changing law?

The implementation of a generational ban on tobacco sales will have profound, unintended consequences for shopkeepers, law enforcement and retailers—to the benefit of organised criminals—across the UK for years to come. That is not hyperbole; it is a sober description of the risks we are being asked to accept with this.

Secondly, the policy will drastically expand the illicit cigarette market and hand control to organised criminals. Everybody knows the stark evidence—even though HMRC will never admit it—that illicit tobacco loses the Treasury £3.5 billion per annum. Some 25% of all cigarettes sold are illicit and cheap, and the price differential drives consumers to illegal sources in pubs, clubs and under-the-counter sales.

This ill-conceived generational ban—admittedly, a stupid idea from the last Government—will create a permanent cohort of consumers who cannot legally buy tobacco, and where demand exists, supply will follow. That supply will be by criminal networks. Let us look briefly at Australia as a sign of what will unfold in the UK. Organised crime gangs dominate the illicit tobacco market in Australia, which has led to arson, violence and the takeover of local markets by criminal gangs.

Thirdly, enforcement capacity is already stretched to breaking point. Trading Standards and other front-line agencies have lost staff and lack the resources to police a complex, ever-changing age rule. Enforcement bodies are underfunded and under-resourced; adding a perpetual generational rule will only widen the enforcement gap and shift the burden to retailers and local communities, who will be unable to cope. When enforcement fails, the law becomes a paper shield for criminals and a real threat to honest businesses.

What is the sensible alternative? It must be setting the age at 21, as set out in my noble friend’s amendment. This is not a retreat from public health; it is a pragmatic, enforceable measure that achieves the same long-term outcome for young people while avoiding the catastrophic side-effects of a generational ban. My noble friend set out in detail from the Government’s own impact assessment how raising the age to 21 would achieve the same long-term aim.

A minimum age of 21 is clear, static and much more easily enforceable. It allows retailers to train staff once and apply a consistent rule, and it reduces the incentive for criminal markets to exploit a permanently excluded generation. It also aligns with international practice and with the Republic of Ireland’s own policy direction, reducing cross-border legal friction.

Finally, we must pair any age change with stronger enforcement and support. If we raise the age to 21, we should simultaneously strengthen fixed-penalty regimes, resource trading standards and Border Force properly and invest in targeted education and cessation services. Enforcement must be credible—it is not at the moment. Everybody knows that you can get illegal cigarettes in any pub or club in the country. We need stepped penalties for repeat offenders, licensing powers that bite and better funding for the agencies that will be asked to do the work.

All of us in this House and Parliament share the aim of reducing smoking, but good ends do not justify bad, unworkable means. A generational ban risks destroying small businesses, empowering organised crime, overwhelming enforcement and creating legal chaos. A minimum legal purchasing age of 21 is a proportionate, enforceable and effective alternative that would protect public health without the catastrophic unintended consequences. If we come to a vote, I urge the House to reject the generational ban and support a measured, evidence-based approach that combines an age limit of 21 with robust enforcement and support for cessation. I support my noble friend’s amendments.

[Lord Sentamu (CB)]

My Lords, I listened to the noble Lord, Lord Pannick, and he persuaded me that, at the end of the day, we are dealing with a question of health, not choice. I will give an example. Colin Bennetts, Bishop of Coventry from 1998 to 2008, died in July 2013 after a period of illness due to cancer. His lungs were filled with deposits of smoke. He said to everybody, “I have never smoked in my life”, but as a youngster he had worked in an office where cigarettes were lit at every moment. Colin, who had not smoked, died of lung cancer. You do not have to smoke to die from it —others sitting near may get it.

I respect the noble Lord, Lord Clarke, but you cannot compare gambling on horses with smoking. Gambling on horses affects only those gambling, but secondary smoking is detrimental to anybody in a place where people are smoking. I do not think these amendments would be helpful. We should stick with the Bill as drafted, because we are trying to protect people’s lives and make them healthier.

I suffered what is called in medical terms a lung infarction, where bits of your lungs do not quite operate. I still have that illness, so every time I go into a place where there is a lot of smoking, I can barely breathe—I have to get out into the fresh air and get it in my lungs. Friends, this is about health. If we do not do this now, then when?

Crime and Policing Bill

Debate between Lord Blencathra and Lord Sentamu

Committee stage
Tuesday 20th January 2026 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I support my noble friend’s Amendment 411, because it brings clarity and accountability to the exceptional power in Section 60 of the Criminal Justice and Public Order Act 1994. This is not a call to strengthen police powers; it is a call to describe them accurately, so the public understand their narrow scope and the safeguards that constrain them.

Section 60 is triggered only when

“a police officer of or above the rank of inspector reasonably believes”

one of a small number of factors: that incidents of violence may take place in a locality; that a weapon used in a recent incident is being carried locally; or that people are carrying weapons without good reason; and that there has already been an incident of serious violence. The statute requires the authorisation to be for

“any place within that locality for a specified period not exceeding 24 hours”.

These are tight operational limits.

Changing the definition from “serious violence” to “violence” keeps all the safeguards that make this power exceptional rather than just routine: the inspector-level threshold; the written and recorded authorisation; the geographic and temporal limits; the ability to seize weapons; and the requirement to provide records to those stopped. Those are not peripheral details; they are the legal guardrails that protect civil liberties while enabling targeted public safety action.

I simply ask: where is the dividing line between violence and serious violence? If someone gets stabbed multiple times and it is life-threatening, we would all agree that is serious violence, but what about the person who gets stabbed once and suffers a non-life-threatening cut? Is that merely violence and so does not count? That is why we have to change this definition to any violence, no matter how serious it may be called. This is not a wide-ranging opening of the stop and search powers applying everywhere for all time. Using “violence” in operational documents with an explicit cross-reference to the Section 60 triggers reduces confusion with broader strategic programmes labelled “serious violence”. It prevents the normalisation of suspicionless searches and makes it easier for Parliament, oversight bodies and the public to scrutinise each authorisation against the statutory test.

This amendment is modest, practical and proportionate. It highlights the statutory safeguards and does not remove any of them, but it gives the police a sensible power to save lives and prevent injury where they think that there may be more violence. I urge the Committee and the Minister to support Amendment 411.

[Lord Sentamu (CB)]

My Lords, I agree with the wording as it is in the Bill. The word “serious” is quite important. Stop and search, particularly in the London area, has been abused. You are supposed to stop somebody because of “reasonable” grounds to suspect, but as somebody who was stopped and searched six times, and every time I did not have anything they thought I would have, I see it as a sort of overpolicing.

It is a pity that the noble Lord, Lord Hogan-Howe, is not here, because when he became the chief police officer in this place, he realised that some of this was not working and was antagonising communities, not delivering the result that was expected. The Bill is worded in terms of “serious”; the amendment tries to lower the threshold. As the intention of the Bill is to stop serious crime, “serious” to me is quite important. I do not support the amendment and would like to retain the wording in the Bill.