Vaping Products: Usage by Children

Lord Foster of Bath Excerpts

Monday 2nd September 2024 Lords Chamber

[Lord Foster of Bath (LD)]

My Lords, I congratulate my noble friend Lord Storey on securing and so effectively introducing this wide-ranging debate. Like him, I am enormously grateful to the many organisations, including the Library, that have provided such useful briefings for us. They made quite worrying reading. For instance, I learned from Society Inside that

“almost 1 million young people have tried vaping”

and, crucially, that

“by the time they leave school over 30% regularly vape”.

It is very clear from the debate so far that there is widespread support in your Lordships’ Chamber for action to stop children using vaping products. I suspect that there is widescale support for the view of the Chief Medical Officer that

“marketing vapes to children is utterly unacceptable”.

I certainly share those views, so I am particularly pleased that the current Government are picking up where the last one left off with what they claim will be measures to further combat smoking and youth vaping. I very much hope that we will hear more about those plans when the Minister winds up.

But I strongly agree with those who have pointed out that new legislation alone is not enough. After all, the vast majority of those 1 million children who have tried vaping bought vapes either from shops or online, so it is quite clear that current legislation, which bans their sale to under-18s, is not being effectively enforced. Improved enforcement will be a vital component of any new measures that are introduced. It is worth recalling what an important role local authority trading standards departments have to play in this. Yet, as we know, they are very badly underresourced. Any new measures must include additional resources to enable the training of additional trading standards officers.

While bearing in mind that we also need to have tougher deterrents, such as higher fines, for retailers that break the law, we must recognise that we have a huge backlog in our courts. I hope consideration will also be given to allowing the use of fixed penalty notices against those who flout the rules.

I want to make just two points to help strengthen the case for action, one relating to health and one to safety issues around lithium-ion batteries. To echo the concerns of the noble Lords, Lord Winston and Lord Bethell, and others, I acknowledge that we have the benefit of more than 60 years of research into the links between smoking and health—research that has led to many of the measures that have been taken to reduce smoking so effectively, as the noble Lord, Lord Naseby, reminded us—but research into the health risks associated with vaping is in its infancy. The medical department of Johns Hopkins University in the States recently wrote:

“With tobacco, we have six decades of rigorous studies to show which of the 7,000 chemicals inhaled during smoking impact the lungs. But with vaping, we simply don’t know the short- or long-term effects yet and which e-cigarette components are to blame”.


But the emerging findings are worrying. The World Health Organization has said that vapes are harmful and that the dangers of vaping, especially by children, are of concern. Prior to becoming Secretary of State for Health, Wes Streeting MP pointed out that although vaping helps smoking cessation,

“we should not send the message to the country that vaping is good for our health or that it is without harmful consequences”.—[Official Report, Commons, 16/4/24; col. 196.]

We already know of the presence of cytotoxic metals and silicate particles and of a range of chemicals in e-cigarette vapour that can lead to lung tissue inflammation and damage. I know a little of this from personal experience. I used to be a heavy smoker, but several years ago I was able to quit by becoming equally addicted to my vape. Then one night, during the election campaign, I coughed up a great deal of blood. A range of tests led to the discovery of three lumps in my lungs, with the suspicion that I had lung cancer. Fortunately, further tests revealed that the lumps are not cancerous—at least, not yet. No one was entirely sure what had caused the lumps to develop, but I felt pretty certain that the vaping had been a major contributory factor.

Of course, I am well aware of the dangers of amateurs doing Google searches about their own health. However, I did the reading about vaping harm. As a result, I am pretty certain that I have vaping-related lipoid pneumonia resulting from inhaling oily substances found in e-liquid. Of course, I do not really know, but I do know that while vaping may be safer than smoking, it is not without its dangers. This is especially so for children, which is why there is an urgent need—even in the absence of the additional research that is desperately needed—to adopt, as the noble Baroness, Lady Bennett, pointed out, the precautionary principle and to take all necessary steps to stop children vaping.

My second point relates to the safety of lithium-ion batteries which power vapes. I have frequently raised my concerns about the safety of lithium-ion batteries in your Lordships’ House. They are increasingly important. They store more energy than any other type of battery, allowing for longer use, but if overheated through misuse, damage or using substandard charging, they can create fierce fires with very high temperatures that are difficult to extinguish and which release toxic gases.

In the context of vaping, it is the disposable vapes that are the most concerning. It is estimated that well over 84 million disposable vapes are thrown away each year. As the noble Baroness, Lady Bennett, pointed out, that is 10 tonnes of lithium thrown away every year. But the real worry is how disposable vapes are got rid of. Producers of vapes are not doing what they should to recycle electrical waste from vapes. Shops selling vapes often do not, as they should, have recycling points. So most disposable vapes simply end up in domestic rubbish. They get picked up by refuse vehicles, which then compact all the rubbish in a process that can damage some of the batteries and lead to thermal runaway fires in the vehicles. There has been a huge increase in the number of such fires in the last few years, and even if they are not damaged in the refuse vehicle, they can be during the compacting process at landfill sites where, again, the number of fires has increased significantly. On these and related environmental grounds alone, there is a strong case for banning all disposable vapes, and I hope that the Minister will assure us that this will be included in the Government’s plans.

Finally, I should point out that when I did vape, I never used disposable vapes, but now, given my own experience, I do not use any type of vape and have to rely on gum to help my addiction instead. I just hope that measures will soon be in place that prevent children needing to do the same.

--- Later in debate ---

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

My Lords, I congratulate the noble Lord, Lord Storey, on securing a debate on this important and current issue. I, too, appreciated his introduction and the way in which he and the noble Lord, Lord Bethell, described the explosion of vaping and put it in the context of a situation that has perhaps gone way beyond being an aid to quit smoking, something that I think that speakers in this debate, including the noble Lord, Lord Naseby, acknowledge.

I share many of the concerns raised about the growing problem of youth vaping. The rate of children who vape has tripled in the past three years, and nearly one in five children has tried vaping, which I find deeply disturbing. This cannot go on. I assure noble Lords—I hope this is one debate in which I can bring good news to most noble Lords—that we will take bold action to reduce the number of children using potentially harmful products because the health message is very clear: if you smoke, vaping is much safer, but if you do not smoke, do not vape. Marketing vapes to children is unacceptable.

I am pleased to have the opportunity to provide an update on what this Government are doing to tackle the issue through the upcoming tobacco and vapes Bill, as well as on the action that we are taking now by strengthening enforcement activity and education. It is shocking that vapes and other nicotine products are being deliberately promoted to children. This should never happen. That is why His Majesty’s Government will go further than the previous Government, as was set out in the Labour manifesto. We will ban vapes being branded and advertised in ways that appeal to children and will stop the next generation becoming hooked on nicotine. The tobacco and vapes Bill will make that manifesto commitment a reality, and I am sure that noble Lords will be interested to know that I can say that it will be introduced very soon.

Noble Lords focused, rightly, on limiting the appeal of vapes to children. It is cynical to target vapes to children through not only direct marketing but colourful packaging, vibrant in-store displays and the large variety of apparently appealing flavours, such as gummy bear and cotton candy. This is abhorrent, as the noble Baroness, Lady Walmsley, rightly pointed out. To reduce the appeal of vapes, we will limit the range of flavours available and introduce limitations on packaging and shop displays. This will be done through secondary legislation as soon as possible after the tobacco and vapes Bill has passed. We will undertake consultation on these measures to inform our approach in order that we can get it right.

There has been much reference today and previously in your Lordships’ House to disposable vapes. They are also playing a significant role in driving youth vaping. They are cheap and easily accessible, with more than 50% of child vapers using them, as the noble Lord, Lord Storey, highlighted. Single-use products are causing significant environmental harm, with 5 million disposable vapes being littered or thrown away in general waste every week. I am sure that noble Lords will welcome the fact that my ministerial colleagues in Defra are reviewing proposals to restrict the sale and supply of disposable vapes and will outline their plans shortly.

We are also considering introducing an excise duty on vaping products. We know that young people are price-sensitive; this could therefore be an effective way to reduce the appeal of vapes. However, as noble Lords have indicated, we do have to get the balance right. We need to prevent youth access on the one hand while utilising them as a proven quit aid for adult smokers on the other. So it will be important to maintain a price differential with tobacco to support adult smokers to quit.

Noble Lords were right to raise a number of points about enforcement measures. We are taking strong action against businesses which knowingly sell vapes to children, and which sell illicit and unregulated vapes, which we know can be very dangerous. I am sure the noble Lord, Lord Storey, and other noble Lords will be pleased to know that the tobacco and vapes Bill will introduce new fixed-penalty notices in England and Wales, which can be issued by trading standards officers for breaches of certain offences, such as age of sale. This will allow trading standards to take quicker action against retailers who break the law instead of escalating to a court process.

The noble Lord, Lord Storey, and the noble Baroness, Lady Walmsley, asked whether the Government will consider introducing a vape licensing scheme. As was rightly pointed out, licensing may well be beneficial for strengthening enforcement, supporting legitimate businesses, deterring rogue retailers and, ultimately, of course, supporting the mission of improved public health. It is an area that we are actively considering for inclusion in the Bill.

[Lord Foster of Bath (LD)]

I apologise for interrupting the Minister. Just before she leaves the issue of enforcement, can she confirm whether additional resources will be made available to the various enforcement agencies?

[Baroness Merron (Lab)]

The noble Lord, Lord Foster, must have predicted that this is the very next point I am coming to; I am grateful for the warm-up. The noble Lord, Lord Foster, and the noble Baroness, Lady Bennett, asked about funding in respect of enforcement. I can share with your Lordships’ House that we are providing more than £20 million per year to HMRC and Border Force to support their illicit tobacco strategy.

We will continue to work with local authority trading standards to understand how new funding can support them to undertake local-level enforcement and help introduce new measures in the tobacco and vapes Bill. I know that this is of great concern to the LGA and the many vice-presidents that we have the pleasure of hearing from in your Lordships’ House. Any future funding decisions will, of course, be confirmed through the spending review process, but we are alive to the points that noble Lords have made on this.

To further comment on enforcement capability, we are providing £3 million of funding over two years to a programme being led by National Trading Standards called Operation Joseph, to reduce the sale of illegal vapes and nicotine-containing vapes to under-18s. This builds on existing work by trading standards officers across the country to tackle illicit vapes.

On educating children, this is a key issue, as noble Lords will be aware. We are also educating children on the dangers of vapes, to prevent their use in the first place. The school curriculum includes reference to the health risks of vaping and information is available on the Talk to FRANK website. Resources for teachers, including lesson plans, are also available on the DHSC’s School Zone.

I turn to the question of short- and long-term harms. While we know that vaping is less harmful than smoking and can be an effective way to quit, we do not know the long-term health harms that may emerge from vaping, and the potential risks to children. To fill that evidence gap, the department is exploring options to commission research on the long-term impact of vaping, so that we can fully understand the harms of vaping and the potential impact on our children. I listened closely to my noble friend Lord Winston’s contribution on the need to understand the harms in an evidence sense. Clearly, this is something to which we will need to apply ourselves.

I turn to further specific questions that noble Lords have raised. The noble Lord, Lord Bethell, asked about the proper supervision of vapes and their contents. I can say to him that there will be new powers in the Bill to allow us to be agile, and to respond appropriately and quickly to the latest evidence on vaping and nicotine products. We will have powers to have better oversight and control of the market and respond more quickly to technological developments, ensuring that only safe vaping products are used by smokers.

The noble Lord, Lord Naseby, and the noble Baroness, Lady Walmsley, asked about public health resources. It is absolutely right that we have to provide children and young people with evidence-based information, which is why we will continue to work with the Department for Education to update the curriculum and provide teachers with the latest resources.

My noble friend Lord Winston asked about regulation of the content of vapes. This is indeed an issue; to address it, we will extend non-vaping restrictions to non-nicotine vapes to reduce their appeal, and to align our regulatory approach and ensure that children are unable to access these products.

In conclusion, I hope that the strong measures that I have outlined today will demonstrate that we will bring about definitive change to stop future generations becoming hooked on nicotine. I thank all noble Lords for their thoughtful contributions today. I look forward to discussing this issue further once the Tobacco and Vapes Bill is introduced to this Chamber. I know that today’s debate will greatly inform the passage of that Bill and its content.

NHS: Gambling Treatment Services

Lord Foster of Bath Excerpts

Monday 28th March 2022 Lords Chamber

[Lord Kamall (Con)]

The noble Baroness makes a very important point: people must be treated as individuals—they will have come to addiction from different pathways. We have been engaging with the Department for Digital, Culture, Media and Sport on a number of issues. Additionally, the Office for Health Improvement and Disparities regularly engages with NHS England working-level counterparts, including recently on the establishment of a joint task and finish group on integrating the gambling treatment pathway. Referring directly to the question asked by the noble Baroness, there is no one simple pathway into gambling, and there is a stigma. By putting it at the forefront of some NHS services, we are showing that we are taking it seriously, and that it is not just an affliction but an addiction. We recognise that we must do more to tackle that.

[Lord Foster of Bath (LD)]

My Lords, I declare my interest as chair of Peers for Gambling Reform. The Minister has talked a lot about treatment, but does he accept that by adopting a public health approach, we would reduce harm in the first instance? Can he give us an absolute assurance that his department is co-operating on all aspects of the gambling review that is currently taking place and that it will be involved in the writing of the White Paper that will, I hope, come before us very soon?

[Lord Kamall (Con)]

We take the public health aspect very seriously. Public Health England did some work with the DCMS on looking at gambling from a public health perspective, and the Office for Health Improvement and Disparities continues to do that work. While the Department for Digital, Culture, Media and Sport is looking at the gambling industry, we are also looking at this as a public health issue via the Office for Health Improvement and Disparities. I see that the seconds are running out, so I will give the Labour Front Bench time to ask a question.

Health

Lord Foster of Bath Excerpts

Thursday 26th November 2015 Lords Chamber

[Lord Foster of Bath (LD) (Maiden Speech)]

My Lords, I, too, congratulate the noble Lord, Lord Crisp. I am grateful for this opportunity to make my maiden speech and, of course, for the privilege of joining your Lordships’ House. I hope I will be able to make a useful contribution.

I am also grateful for the generous welcome I have received from all sides of the House, and for the patient support and help from noble Lords—not least my noble friend Lady Walmsley—and from the attendants, doorkeepers, catering staff and all the excellent and courteous parliamentary staff as I struggle to find my feet and my way round this end of the building. I am especially grateful for the advice, “If lost, look for the blue carpet”.

I rise with a sense of trepidation similar to that which I felt when, 23 years ago, I rose to make my maiden speech in the other place, and, in 2010, when I seconded the Loyal Address following the formation of the coalition Government. That was a particularly difficult speech for a then 63 year-old to make, since the tradition is that that role is usually given to a “young, rising star”. I felt trepidation also when, as a junior Minister, I stood at the Dispatch Box to answer questions for the first time: a noisy and acrimonious event, full of the yah-boo which plagues the other place. They could learn a great deal from the courtesy and civility of your Lordships’ House.

Trepidation or not, it is a great honour to be here among many distinguished Peers, just as it was a great honour to serve the people of Bath as their MP for 23 years. As noble Lords will know, Bath is a beautiful World Heritage city with two universities, a Premiership Rugby club, vibrant businesses, excellent festivals and wonderful people. It is my mark of gratitude to those people, who allowed me the privilege of being their representative for so many years, that I chose Bath—or “Barrth” as they prefer to call it—for my title.

My trepidation is also enhanced by following contributions from such eloquent and expert speakers. The noble Lord, Lord Crisp, who introduced the debate, is a case in point. Few could know more about health, in this country and globally, than him. I was especially struck by his view that all sectors should contribute to creating a healthy and resilient population.

Of course, we should all take greater personal responsibility for our own health. More needs to be done to encourage people to look after themselves. To take the example of obesity and the often-accompanying type 2 diabetes, it could often be reduced by greater personal discipline, but many organisations also have a role to play. Preparations for the hugely successful 2012 Olympics and Paralympics emphasised seeking the legacy of a healthier nation. Much was done, from encouraging businesses to help employees get fit to assisting clubs in boosting grass-roots sports participation. In this latter regard, I hope we will continue to protect sports playing fields and address the lamentable state of PE in our primary schools.

Our engineers and designers can play a role. I am the president of a Bath-based charity called Designability, which brings such experts together to create devices that improve well-being. Their “Day Clock”, for example, helps people with dementia maintain their routine. The clock constantly displays the day of the week and whether it is morning, afternoon, evening or night. This can reduce anxiety, increase independence and make life easier for those suffering from dementia. Their Wizzybug—a fun-looking powered wheelchair for children under 5—addresses the needs of children with conditions such as cerebral palsy and muscular dystrophy. It gives them mobility and independence.

I echo the views of my noble friend Lady Williams. As she rightly says, many government departments have a role to play—some more obviously than others—in creating a healthy nation. Like education and the housing and planning elements of DCLG, the health department’s role is obvious. I welcome its increased emphasis on prevention and mental health.

I am delighted that important steps spearheaded by my right honourable friend Norman Lamb have been taken towards ending NHS bias in favour of physical health conditions. The introduction of NHS waiting time standards for people with common mental health conditions such as depression has started this process. I welcome the additional £600 million for mental health announced yesterday. However, the potential contribution of other departments is often less understood. Take, for example, the Department for Culture, Media and Sport, which is a much undervalued department, yet its work in the arts and sport can make an enormous contribution to the health of the nation.

Mental health campaigner Rachel Kelly says that poetry kick-started her own recovery from mental health problems. She calls for the bonds between well-being and the arts to be strengthened. I entirely agree. No wonder the Department for Work and Pensions, back in 2009, acknowledged:

“There is increasing recognition that having a sense of purpose through leisure and cultural activities contributes to older people’s well-being”.

Creating a healthy and resilient population does indeed require contributions from all sectors. If government is to maximise its contribution, we need to recognise that many government departments, not just the most obvious ones, can play a role, ideally as part of a cross-government strategy. However, none of this diminishes the need for us all to take greater responsibility for our own health.

Oral Answers to Questions

Lord Foster of Bath Excerpts

Tuesday 29th June 2010 Commons Chamber

[Anne Milton]

We have had a number of conversations about all aspects of alcohol policy, and what to do about the 7% of hospital admissions that are due to alcohol and the £2.7 billion cost—some estimates put it much higher, at about £5 billion—to the NHS. Without doubt, we have to change the public’s relationship with alcohol. We are committed to a ban on selling below-cost alcohol, which is important—but it is also important not to disfranchise responsible drinkers, as plenty of people enjoy alcohol responsibly. What we have to do is stop irresponsible drinking and protect people’s health.

[Mr Don Foster (Bath) (LD)]

I thank the Minister for that answer. She will recognise the problems that binge drinking causes our health service, our police and our local communities. I am delighted that she has recognised that there has been an agreement to ban the sale of alcohol at below cost price, but will she assure us that the Government are taking this issue seriously, and that we will hear an early announcement?