Draft Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023

Andrew Gwynne Excerpts

Tuesday 11th July 2023 General Committees

[Andrew Gwynne (Denton and Reddish) (Lab)]

It is a pleasure to see you in the Chair, Ms Harris, and to speak on the behalf of His Majesty’s Opposition.

As set out in the explanatory note, the statutory instrument means that from October this year it will be illegal in Northern Ireland to produce or sell heated tobacco products that have a characterising flavour. As the Minister set out, the change is happening because of the requirements of the Windsor framework and is being made in response to a policy change implemented by the European Union. Of course, we would prefer the Northern Ireland Assembly to be sitting, so that the Windsor framework democratic scrutiny committee could involve local representatives in the process, but we are where we are.

It is important to reiterate that heated tobacco products are very different from e-cigarettes: while e-cigarettes heat liquids or salts that typically contain nicotine, HTPs heat tobacco leaf directly, producing a nicotine aerosol that is then inhaled. Unsurprisingly, some in the tobacco industry have made the claim that HTPs are less harmful than conventional smoking, and point to a number of studies that purport to demonstrate this. However, as recent analysis by the University of Bath has shown, a majority of those studies were either affiliated with or funded by—you’ve guessed it—the tobacco industry. Conversely, the European Respiratory Society has pointed to independent research that shows that HTPs emit substantial levels of carcinogens, as well as toxic and irritant substances. Although use of these harmful products is very low in Northern Ireland, as the Minister says, they are increasingly being marketed without the requisite evidence base as a healthier alternative to smoking.

Obviously health is a devolved matter and the Minister represents public health in England, but I wish to press him on whether he plans to adopt similar legislation here so that there is parity between England and Northern Ireland. If not, why not? Have the Government made any assessment of the prevalence of heated tobacco use across the rest of the United Kingdom, and principally in England, along with the wider health implications of such use? Similarly, can the Minister outline what action his Department is taking to combat the increased marketing of such products—marketing that is often underpinned by spurious tobacco industry-backed research?

Finally, can the Minister set out how the Government will assist Northern Ireland in the implementation of the ban, especially given the possibility of illegal importation from England? It does seem odd that following the implementation of the draft regulations there will be more stringent legislation in place to clamp down on heated tobacco in Northern Ireland than in the rest of the United Kingdom. Perhaps the Government considered implementing such a ban in their tobacco control plan or in their health disparities White Paper—but we will never know, because they have both been unceremoniously binned, leaving England lagging behind on tobacco cessation, where we should be leading the way.

The next Labour Government will build on our smoking cessation legacy by taking bold, decisive action to improve public health and empower those addicted to tobacco to quit, but until then we need to see the Government drastically improving their own efforts. However, His Majesty’s Opposition fully support the draft regulations.