Tobacco and Vapes Bill (Thirteenth sitting)

Debate between Alex Barros-Curtis and Sarah Bool

Committee stage
Tuesday 28th January 2025 Public Bill Committees

[Mr Barros-Curtis]

I am grateful for that intervention. I point the hon. Member to proposed new subsection (4), which reiterates that the Secretary of State “must consult” before any such regulations can be made. I am sure that will assuage his concerns about whoever the future Secretary of State may be, whether they are from this side of the House or, God forbid, the other side in a few decades’ time.

I will point out a couple of issues about the drafting of the amendments. Although I understand the position of Opposition Members, I think the proposals inadvertently cause issues and risk causing more confusion than may have been intended. For example, does

“an NHS property or hospital building”

include private healthcare providers that are undertaking NHS work either on NHS premises or off-site? What about subcontractors? When the amendment mentions

“a nursery, school, college or higher education premises”,

are we talking about where premises have had to be vacated because of the RAAC—reinforced autoclaved aerated concrete—crisis and where children are being taught in portacabins in a council car park, one or two miles away from the original site? These definitions are lacking and may inadvertently cause gaps in the application of the measures, if the amendments were successful. What about premises used for youth prisons? Should that be captured or not, given what was said about protecting children from the dangers of smoking?

Notwithstanding the fact that I understand the intention behind the amendments and what Opposition Members have said, I think the drafting may inadvertently cause issues and undermine what the Minister has said, both here and at the Dispatch Box, about the parameters in which this set of regulations would be brought in. Those would be underscored by consultation and the commitments that have been made at the Dispatch Box. Although I appreciate and understand hon. Members’ comments, I suggest that the amendments are not necessary, for the reasons I have outlined, and I would encourage them, if the amendments are not withdrawn, perhaps to vote against them if they are pushed to a Division.

[Sarah Bool]

I respect the points made by the hon. Member for Cardiff West, because I understand that we do not want any unintended consequences. However, I would counter that by saying that although we perhaps need better definitions—that may be something we can consider—clause 136, as drafted, is incredibly wide, and any of the assurances that have been given to hospitality are merely words. There is absolutely no carve-out for the hospitality sector as this stands.

As much as I think the Minister is honourable in his intentions, unfortunately, we all know that we can go only on the law in front of us in black and white, and there is currently no security for the hospitality sector in this regard. We need to be incredibly clear about this with the hospitality sector, and we need the exclusion. One of the bigger concerns is that if people are not able to smoke—perhaps in a pub garden—it will force them into their homes, where they are actually more likely to drink and smoke more because they are not within that limited capacity of being out in public. We have to think about what the dangers are. Are we actually forcing people to take up worse habits in their private residence than if we allow them a little bit of flexibility in an open space?

I have a question about NHS properties generally. I appreciate that we want smoke-free places and that one wants to go into hospital and walk past people smoking, but I worry about those who have an addiction. Where do they go if they need to smoke, as they would if they are going through a process of cessation? What ends up happening as a result of all these provisions is that the smokers will just be forced down the road away from the property, but that has not really addressed the issue. We have just pushed the problem a few metres away.

We need to think in the round about how we best achieve our aim, how we deal with addiction, and how we clean up the hospital environment in a balanced and proportionate way. Perhaps the Minister has some other ideas, but I do not like the idea of just pushing some smokers down the road, rather than dealing with the issue at hand.

Tobacco and Vapes Bill (Eighth sitting)

Debate between Alex Barros-Curtis and Sarah Bool

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sarah Bool]

My hon. Friend raises the points that I was going to raise. I did question why clause 28(2)(c) in particular was necessary, because if we ban vending machines there should not be any machines going forward. I want to understand what machines we envisage if they are not going to be vending machines.

[Mr Alex Barros-Curtis (Cardiff West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I thank the Minister for explaining these clauses and I fully support them, but I have two questions pertaining to clause 28.

The first question has already been asked by the hon. Members for Sleaford and North Hykeham and for South Northamptonshire and relates to clause 28(2)(c). Could the Minister explain the interaction between that paragraph and the offences created under clauses 3 and 12? Perhaps this is a catch-all provision, or some hangover from the section that the clause is based on and seeks to replace, which is section 12B of the Children and Young Persons Act 1933.

The other point that I would like the Minister to explain, which has crossover with similar phraseology in earlier clauses, relates to clause 28(4) about a person who is convicted of a relevant offence becoming a persistent offender. In order to determine that they are a persistent offender, it will be important to have accurate record keeping to keep track of any persistent offences. I know this is not a new concept, but I wonder whether he could say more about that in his response. Record keeping will be critical to tackle repeat offenders. Will he ensure, whether by regulations or any other means, that different local authorities share that information? What we do not want is a persistent offender in one local authority moving to another one, setting up shop and repeating those same offences.

[Sarah Bool]

I want to echo that point. The hon. Gentleman is right: if a tenant is a company and that company changes its name, and then moves around, it may be necessary to go back up the structure to see who the ultimate beneficial owner is and to make sure that people are not just using it as a cover. I heartily agree.