Tobacco and Vapes Bill

Lord Sentamu Excerpts

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?

[Lord Stevens of Birmingham (CB)]

My Lords, I declare my interest as chair of Cancer Research UK. Given that smoking continues to be the single biggest cause of cancer, it will not be a surprise that I oppose the amendments in this group, which would substantially weaken this landmark legislation. In explaining why, I will respond to each of the six points made by the noble Lord, Lord Murray of Blidworth.

First, the noble Lord argued that we do not need more tobacco control legislation anyway because smoking rates are already coming down. That is not correct; Javed Khan has pointed out that, among the most deprived parts of the country, on current trends we will not be smoke-free until 2044. In any event, some in the tobacco industry have come to the same conclusion. I quote from an advert that Philip Morris took out in the New Statesman, no doubt designed to influence people such as us: “Here in the UK, smoking rates are not declining fast enough. None of the home nations are on course to hit their smoke-free dates, and the most deprived communities are lagging significantly behind”. The suggestion that we can just assume that the status quo will produce a benign outcome is incorrect.

The noble Lord’s second argument was that, rather than having a generational tobacco sales restriction, we should instead just move towards delaying the age at which smoking can be initiated to 21. The tobacco industry would doubtless switch its efforts to targeting twenty-somethings instead of teenagers. On the surprising claims we have heard in respect of the behaviour down the decades of Gallaher or British American Tobacco, I simply say to noble Lords: google their internal documents. They have all been disclosed as a result of international treaties and court cases, and noble Lords will see the systematic duplicity, bribery and corruption that has continued across the world in advancing big tobacco’s agenda. Those documents, the internal files, are there: noble Lords can check them out for themselves.

The noble Lord, Lord Murray of Blidworth, referred to the Republic of Ireland as an example we should perhaps be following, when it proposed to adopt the age of 21. However, the director of the tobacco industry-funded front organisation FOREST said of the effect of adopting the age of 21 as a tobacco sales restriction:

“If you’re not careful, you’re actually going to make smoking … fashionable again. You’re going to actually encourage young people to smoke”,


on the back of this proposed sales restriction to over 21 year-olds.

The third argument we heard was about the black market. For reasons that are a non sequitur, we have several times heard cited the example of Australia. The amendments in this group relate to changes to the age of sale. There has been no change in the age of sale in Australia. As far as I am aware, it is still 18 and has been for 30 years. So, whatever else is going on in Australia, it has got nothing to do with the amendments in this group in respect of age of sale. In fact, the Australian example tells us that you need rigorous enforcement. Until very recently, there was no retail licensing available for New South Wales, Victoria or Queensland, covering about 70% of the Australian population, and it has only been patchily introduced subsequently.

There is agreement that we need strong enforcement to deal with the illicit trade, but the argument that we should essentially do whatever it takes to maximise revenue for the Exchequer is a flawed one. If that were the case, as we have heard from other noble Lords, we would be legalising and licensing handguns, assault weapons, fentanyl or crack cocaine. The fact is that, when it comes to tobacco control policy, it is not the Laffer curve that we should focus on, it is the life expectancy curve.

The fourth argument has been around the impact on retailers. I accept that there are legitimate concerns, and the noble Lord, Lord Sharpe of Epsom, has rightly drawn attention to the epidemic of violence and also noted the provisions that will be in the Crime and Policing Bill as one step to attempt to tackle this. But the fact is that the progressive age of sale restrictions in the Bill are an evolutionary measure that will be phased over many years, giving retailers much opportunity to adjust. There are substitutes that they can sell, including vapes, as alternatives to smoked tobacco. Surely, nobody is suggesting that the trump argument should be that we need to sustain the margins of retailers at the expense of 80,000 people who die prematurely from smoking every year.

The fifth argument we heard was around the Windsor Framework. It is fair to say that alternative legal opinions are available. Member states are free to determine the age limit that they see as appropriate on their territory. This does not constitute a trade restriction within the meaning of the EU treaties. In any event, even if a court found that it did, it could be justified on public health grounds. Perhaps the Minister can confirm that the Bill has the support of Northern Irish Health Ministers and that legislative consent has been received from the Northern Ireland Assembly.

Lastly, we come back to the liberty argument: the freedom of unborn smokers to become addicted in decades to come. Well, those of us who take the opposite view judge that this is a proportionate response to a great harm. It is a novel piece of legislation; we will need to see how it plays out in practice. One of the government amendments that will be before us on Report will be precisely a report on its real-world effects in the coming years. In the meantime, to weaken what has the potential to be one of the most fundamental health-improving pieces of legislation this Parliament has ever enacted would in my judgment be a grave error.