Tobacco and Vapes Bill (Eighth sitting)

Debate between Alex Barros-Curtis and Caroline Johnson

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Liz Jarvis]

I have one sentence left.

The amendments would ensure that the penalties imposed for regulatory breaches contribute directly to mitigating the broader harms caused by tobacco and vaping.

[Dr Johnson]

My understanding—the Minister may correct me if I am wrong—is that the money from FPNs would go into the relevant Consolidated Fund once the enforcement costs of investigating an issue in the FPN have been deducted by the local weights and measures authority. Were these amendments to come into force, the Government would need to provide the extra money to ensure that the enforcement agencies can still function, because at the moment some of their money is recycled from the FPNs, and that would not be the case.

I understand the hon. Lady’s desire to ensure that the money that comes from FPNs for the sale of tobacco and other relevant products to under-age individuals is used to improve public health, but in practice if the money goes into the Consolidated Fund, the Government can use it for whatever purposes they deem useful for public health. There is therefore nothing to stop them using it entirely for public health, and for this House to decide what it should be spent on, because that is how the Consolidated Fund is spent. In my view, having a separate fund administering the FPNs would add an extra layer of bureaucracy, so I do not support the amendments, although I support the principle behind them of trying to ensure that public health is good, because all parties want that.

[Mr Barros-Curtis]

I appreciate that the hon. Member for Eastleigh is perhaps in the invidious position of having to talk about something that is not the amendment she originally authored, but I share the shadow Minister’s concern.

I note that the current drafting of clause 38 has respect for the devolved position. I am the Member for Cardiff West, so I take a particular interest in the Welsh Consolidated Fund. I am concerned that amendment 2 would replace those words with

“the relevant Local Health and Wellbeing Board”,

so it does not take into account the devolved position with respect to Wales. I therefore suggest that the amendment be withdrawn.