Tobacco and Vapes Bill (Thirteenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 28th January 2025 Public Bill Committees

[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.

[Andrew Gwynne]

I am grateful for our debate on amendments 4, 94 and 95. I am even more grateful that a lawyer, my hon. Friend the Member for Cardiff West, is sitting behind me—as a non-lawyer, I note that it is always good for somebody to have one on their side. Indeed, the hon. Member for South Northamptonshire is a lawyer as well; in matters of law, there are always disagreements.

Amendments 4 and 95 would remove the power in the Bill to extend smoke-free places to any area that is a workplace or open to the public, including outdoor spaces in England. That would be replaced with a limited power to extend smoke-free places only to healthcare and education settings and to playgrounds. Amendment 94 would reinstate the test present in the Health Act 2006, which requires, in the Secretary of State’s opinion, a significant risk of exposure to significant quantities of smoke before being able to designate an additional place as smoke-free.

On extending smoke-free places, as we heard from a range of public health experts, evidence for the harm from exposure to second-hand smoke is well established. People exposed to second-hand smoke are at increased risk of cancer, chronic respiratory disease and cardiovascular disease. The World Health Organisation estimates that, every year, second-hand smoke kills up to 1.3 million people worldwide.

The science tells us three things about second-hand smoking. First, it poses a risk to health even outdoors. Secondly, it is particularly dangerous for vulnerable people, including children, pregnant women and those with pre-existing but usually invisible health conditions, such as asthma and diabetes. Thirdly, in some public settings, exposure to second-hand smoke can be high. If you can smell it, you are inhaling it.

It is important that the powers are broad, so that the Bill is appropriately future-proofed, as we have discussed in relation to other measures in the Bill.

[Andrew Gwynne]

The future-proofing element is if the science changes or, more likely, that over time public attitudes change. Smoking is already a minority pastime, and we expect that, in 25 years’ time, the prevalence of smoking among those aged 30 or below will be near to zero, so we will want to protect people from the scourge of second-hand smoke in other places. But that is a debate for other Ministers in other Sessions of other Parliaments at some stage in the future.

I do not want to tie the hands of my successors, so that they have to find a slot before the House for primary legislation to make simple changes. A far more practical and workable mechanism is for my successors to be able to come to the House to say, “The evidence has changed”, or, “Public opinion has changed”, and, “We now seek to consult the outside world on introducing further areas under the powers in the Bill”, and then to lay secondary legislation following the statutory duty to consult. Other areas can therefore come within the scope of the Bill.

[Sarah Bool]

I take the Minister’s point, but there is only a requirement to consult, so actually, completely unlimited powers have been given to make this change. We are trying to argue that we want the spaces to be clearly defined. It is important and right that we should come back to Parliament to make a change at a future point, if we want to extend the Bill further. But that will only be consultation, based on the current drafting, and a change could be pushed through regardless. The Labour party says that it is trying to support and back hospitality, so making this absolutely clear on the face of the Bill at this point will give hospitality the reassurance that it needs. I cannot see why there is any objection to more clarity, rather than overarching and wide powers. We are binding the hands of future generations and telling them that they cannot smoke and cannot vape—that right has gone—and then, on the other hand, we are saying, “I cannot bind the hands of my future successors”. We need reassurance and clarity for hospitality, and that is not in the Bill.

Tobacco and Vapes Bill (Twelfth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Sarah Bool]

That is a possibility. It always depends on the terms of the contract itself, but in theory they could agree a 10 or 15-year contract and sponsorship deal. It is interesting that this could be one of the overhangs that we see, so we have to be aware of it going forward.

[Andrew Gwynne]

The clauses make it an offence for a person to be involved with a sponsorship agreement where the purpose is to promote in the course of business tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products. Anyone convicted of an offence under the provisions may be subject to imprisonment, a fine, or both. Tobacco sponsorship is currently banned under the Tobacco Advertising and Promotion Act 2002. There is a long-standing, well-established relationship between tobacco advertising and tobacco consumption.

Clause 124 restates the current position for a person involved in the sponsorship of a tobacco product. We are consolidating existing tobacco legislation in the Bill to provide a coherent narrative for readers, rather than have it spread over lots of different pieces of legislation. A large part of the Bill brings the legislation into one place, so that from Royal Assent onwards, the go-to place for anybody with any questions about tobacco control will be this piece of legislation, rather than it being dispersed across different Acts of Parliament.

Tobacco sponsorship is already banned, but importantly, the Bill expands the offence to include herbal smoking products, cigarette papers, vaping and nicotine products. The restriction will mean that vaping and other nicotine product companies will, for example, not be permitted to sponsor sports teams, which is something that we have seen in recent years. It might upset the hon. Member for Windsor, but I have to say that not a single child should ever be able to look up at their favourite sports stars—people who should be role models—and see them covered in branding for products that are harmful and addictive. That is the point here.

--- Later in debate ---

[Andrew Gwynne]

The hon. Lady raises an interesting point; I will take that away and look at it. Perhaps with the exception of the hon. Member for Windsor, everyone on the Committee agrees that we do not want our footballers, rugby stars or athletes to be emblazoned with adverts for vaping products, so the more we can do to tighten up the legislation further, the better.

I will just politely correct the hon. Member for Windsor that the term for someone from the historic County Palatine—including yourself, Mr Dowd—is a Lancastrian. My late father was the Lancashire cricket correspondent, first for Cricket Call, which was a BT paid-for service, and then for BBC North West. He was there in 1990 when Lancashire won both the NatWest and Benson & Hedges cup finals—the double at Lord’s. I still have copies of my late father’s book, “Double Delight”. I would say that they are available at all good booksellers, but they are available from me if the hon. Gentleman wants one.

The hon. Member for Windsor made an important point. I had just come out of secondary school in 1990, which shows how long ago it was, but it was pretty commonplace for tobacco companies to advertise at major sporting events like Lancashire cricket matches and others. The fact is that that was a long time ago, and things have changed for the better. The Benson & Hedges cup final, in cricket of all games, is a thing of the past. Hopefully, at some stage in the near future, we will look back at vape sponsorship of football clubs as a thing of the past, because that is where it deserves to be.

[Sarah Bool]

This is just off the top of my head, but on a technical point about clause 125(1), in terms of vape sponsorship, a person will be guilty of an offence only after the provision comes into force. I appreciate that there is the two months, but they also have the window of time while the Bill goes through Parliament, so they potentially have a couple more months for that.

I do wonder about how this is going to work in practice, because, in theory, a company that is offering sponsorship—if they enter into that agreement now—will not be in trouble for the next couple of years for doing that, yet under preceding clauses anyone who designed or printed material for any of those sponsorship deals would be guilty of an offence. We suddenly have a position where, potentially, the sponsors themselves are not guilty of an offence while the actual designers, and those who are publishing the sponsorship material, are. That is an interesting nuance.

--- Later in debate ---

[Andrew Gwynne]

The shadow Minister is right. There will be a narrow window in which that will be possible—[Interruption.] She asks why, and it is because once the Bill receives Royal Assent, it will bring in a two-month window. That is how the law is shaped, to give us the scope to get these measures right and ensure that we make the framework as watertight as my hon. Friend the Member for Cardiff West wants. We believe that that is the proportionate way forward. We cannot make retrospective decisions; if contractual arrangements are under way at Royal Assent, an immediate cut-off could leave the Government open to challenge.

[Sarah Bool]

I understand that two-month period, but does it also apply to the earlier provisions on the creation of offences relating to publication? If we had some alignment there, neither party could potentially be in breach. That is merely a technical point, however.

The other point—perhaps for when the Minister goes back to the Department—is about force majeure, which the hon. Member for Cardiff West mentioned and which I would like more investigation into. Force majeure concerns acts of God, or something unexpected. I think lawyers would argue that a Government Bill was expected and foreseen, so there would have to be some other form of break clause or right. This debate is getting far too technical for this forum, but it is perhaps something that the Minister can take away.

[Andrew Gwynne]

As I said to my hon. Friend the Member for Cardiff West, we will take all this away and look at it in detail, and we will come back to Members. I am just about legally savvy enough to understand the point that the hon. Lady is making that a break clause or something like it would probably be required, because the coming into law of the Tobacco and Vapes Bill on Royal Assent is expected—it is not an act of God, and it will not come as a complete shock and surprise.

Finally, clause 133 allows us to extend all of part 6 to cover devices that enable a

“tobacco product to be consumed”

or

“an item which is intended to form part of such a device”,

but that are not in the Bill.

Tobacco and Vapes Bill (Seventh sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sarah Bool]

My hon. Friend makes a valid point. We do not want the introduction of this legislation to lead to any overburdening. We do not want the smaller convenience stores that are trying to operate to be challenged and put out of business. We want this to be a very practical measure so I agree that would be something to look into. I wonder whether the Minister might offer any further thoughts on that.

[Andrew Gwynne]

I thank Members for their contributions.

Clauses 16 to 22, clause 85, and schedules 1 to 4 and 11 to 13 establish powers for Ministers in England, Wales and Northern Ireland to introduce a licensing scheme for the retail sale of tobacco, vaping products, nicotine products, cigarette papers and herbal smoking products. There is currently no requirement for a business to obtain a licence to sell these products, which is a major gap in enforcement. This gap is hard to defend since the sale of products such as alcohol does require a licence, while tobacco—the single biggest preventable cause of death, disability and ill health—does not. Vaping and nicotine products also carry, as we have heard, a significant risk of harm and addiction.

Introducing a licensing scheme will strengthen enforcement of the law, acting as a deterrent to rogue retailers who breach sales regulations, supporting legitimate businesses and ultimately supporting public health outcomes. Retail licensing is a highly popular intervention, as the shadow Minister helpfully pointed out, because the polling shows that 81% of retailers and 83% of the public are supportive of tobacco retail licensing, and it is one of the most popular tobacco interventions surveyed.

Clause 16 establishes that an individual in England is required to hold a personal licence in order to sell tobacco, vaping products or nicotine products, expose those products for sale, and possess products for sale. The clause also establishes that a person must have a premises licence for any premises in England used for the storage, exposure or supply of a relevant product to a retail customer.

The clause provides for a discretionary power for the Secretary of State to make exceptions by regulations to the requirements for a personal or premises licence. This will enable regulations to appropriately account for all possible types of retail. The Secretary of State in England must, by regulations, make provisions for how licences are to be granted and must conduct a consultation before regulations are introduced. The scheme will be commenced by regulations.

I hope that in part answers the question posed by the hon. Member for Farnham and Bordon, because we want to ensure that the licensing regime is fit for purpose not just for bricks and mortar businesses, but for online business.

Tobacco and Vapes Bill (Eighth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sarah Bool]

I think that is what they would do. If they did not step in at that point, any financing or any bank that had a mortgage over the property would certainly be looking to do that—to try to clear out the property and make sure that it is free to be used thereafter. It may seem like a technicality, but I can foresee this point as one that will be wrangled over for many years to come.

[The Parliamentary Under-Secretary of State for Health and Social Care (Andrew Gwynne)]

It is a pleasure to serve under your chairmanship, Mr Dowd.

This group of clauses relates to restricted premises orders. These are existing measures that local authority trading standards in England and Wales can use when dealing with a retailer that persistently breaches the age of sale and vending machine restrictions for tobacco products, herbal smoking products, cigarette papers, vapes and nicotine products. The clauses are based on and replace existing legislation.

A restricted premises order is an important enforcement mechanism for tackling persistent offenders. A persistent offender is someone who has committed an under-age sale of cigarette papers, tobacco, herbal smoking, vaping or nicotine products or has committed the offence of selling from a vending machine, at least twice within the previous two years. The person who brought the proceedings for the sales offence makes a complaint to a magistrates court to apply for a restricted premises order in respect of the premises where the offence was committed.

Clause 24 requires notice to be given to people who might have an interest in a restricted premises order being made in England and Wales, and sets out situations where an interested person might challenge a restricted premises order. An interested person is the occupier of the premises or someone who has an interest in it, such as the manager or owner. The clause sets out the circumstances in which notice should be given to an interested person where a restricted premises order is being applied for. Interested persons are allowed to make representations to the court to try to prevent a restricted premises order from being issued, or at least to try to vary it. This is a safeguard so that suitable steps are taken before a restricted premises order is made, and to maintain fairness so that a relevant person is informed of an impending restricted premises order.

Clause 25 provides those in receipt of a restricted premises order in England and Wales with the ability to appeal to a Crown court. This is important to the function of enforcement in the Bill as it enables businesses to appeal against a restricted premises order, such as where they feel they have a case that the order has been inappropriately or unfairly issued. This provision maintains the fairness of the enforcement regime in the Bill.

Clause 26 makes it an offence to breach a restricted premises order in England and Wales. The offence is committed when a tobacco, herbal smoking product, cigarette paper, vaping or nicotine product whose sale is prohibited under a restricted premises order is sold on the premises. The offence occurs if a person knew or ought reasonably to have known that the sale was in breach of the order. It also provides a defence for the person charged, where they prove that they took all reasonable steps to avoid a committing the offence. Making it an offence to breach a restricted premises order gives local authority trading standards the ability to escalate action to tackle persistent offenders. The severe penalty of an unlimited fine can act as a deterrent.

Finally, Clause 27 provides Welsh Ministers with the power to add to the offences for which restricted premises orders can be issued, in addition to what is already prescribed in the Bill. Offences added must be in relation to tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products only. This re-enacts an existing power for Welsh Ministers, who must consult before making regulations under this power. The clause is therefore important as it maintains existing powers that enable legislation in Wales to be kept up to date to ensure that restricted premises orders can continue to be used as an effective enforcement tool.

Tobacco and Vapes Bill (Fifth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Andrew Gwynne]

I am grateful to the shadow Minister for that. We will come on to those issues in more detail when we eventually reach those clauses, which given the rate of progress so far may be in the early hours of tomorrow morning, if Members decide so. The only reason why such paraphernalia is on display and legally sold is to consume tobacco, but we will get more information on that for her when we get to clause 45, which covers that issue.

I was talking about the Windsor framework. We believe that this policy is in accordance with our international obligations. In terms of what products are in scope, the Bill captures all tobacco products, including shisha, cigars and heated tobacco. That is because all tobacco products are harmful. There is no safe level of tobacco consumption. For example, tobacco smoke from cigars leads to the same types of disease as the smoke from cigarettes. In England alone, around five times as many people smoke other tobacco products, such as cigars, as did a decade ago, and children are a part of that increase. Shisha, to which the hon. Member for Windsor referred, also causes the same diseases as cigarettes, including cancer, respiratory diseases and cardiovascular diseases. The volume of smoke produced in the average 45-minute shisha session is estimated to be the same as around 25 cigarettes’-worth of tar, 11 cigarettes’-worth of carbon monoxide and two cigarettes’-worth of nicotine.

Finally, there is clear evidence about the toxicity of heated tobacco. The aerosol generated by heated tobacco also contains carcinogens, and there will be some risk to the health of anyone using those products. The crucial point is that, unlike with vapes, there is no evidence that heated tobacco supports smoking cessation. We must ensure that the Bill is future-proofed to include new or novel products, such as heated tobacco, to protect the public from the harms of tobacco use.

Although cigarettes are the most used form of tobacco, we do not want to create loopholes in the Bill so that the tobacco industry can pivot and continue addicting people to tobacco. As I said previously, the issue is about saying, “The market share you’ve got now is it. We are stopping the conveyor belt.” As we know, if we block one road, the tobacco industry finds another route through. We are making sure that the Bill is as watertight and future-proof as possible so that the tobacco industry can no longer continue to trade with another product that harms and addicts future generations.

[Sarah Bool (South Northamptonshire) (Con)]

I want to look specifically at clause 1(3), which relates to identity documents. In the previous sitting, the Minister said that he would have powers to change the list of identity documents; I think he was referring to clause 46. But at the moment the definition of identity documents is very tight; only the six listed are permitted. My hon. Friend the shadow Minister mentioned veterans cards, and this would be an ample opportunity to include those, as was the intention, because the definition is very strict—people will be able to use only the listed documents.

A further question that has been raised is that the list rules out digital forms of identification, as those listed are physical. I want to understand how retailers can best enforce the measures in practice.

[Andrew Gwynne]

I do not want to go over the arguments that I have already put to the Committee in an earlier sitting, but there is an ability to use other forms of identification, as I set out. We will be working with the retail industry during the long lead-in time to get in place procedures that retailers are confident with. They will be able to ask for veterans cards, for example.

[Sarah Bool]

rose—

[Andrew Gwynne]

Can the hon. Lady let me finish answering the point she put to me? In fact, I have now forgotten the point she put to me—[Laughter.]

[Sarah Bool]

I was talking from a legal perspective. Clause 1(3) is about what “identity document” means, which obviously means that those listed are the six that people are allowed to use. I take the point that later the Minister could introduce regulations to allow for veterans cards, but legally a retailer’s defence would have to be that they were shown what appeared to be an identity document, which means:

“(a) a passport,

(b) a UK driving licence,

(c) a driving licence issued by any of the Channel Islands or the Isle of Man,

(d) a European Union photocard driving licence, or

(e) an identity card issued by the Proof of Age Standards Scheme”.

The clause is very specific. Whatever the intention, the retailer would not technically be able to use having been shown a veterans card as a defence. Hence I am asking whether we should consider the issue at this point, rather than relying on the regulations mentioned in clause 46.

[Andrew Gwynne]

I stand by what I have already said. The intention is to work with the retail industry during the long lead-in time to get the mechanisms in place that allow them to adequately enforce the measures in the Bill. We do not want to get this wrong. I politely say to the hon. Lady, however, that in the first instance it is highly unlikely that a veteran born before 1 January 2009 will seek to purchase cigarettes or other tobacco products and be queried about their age. I will take on board what has been said and, if what I said earlier is incorrect, we can perhaps come back to the issue.

I want to come back to tobacco products because the point is crucial. We want to ensure that the tobacco industry has that conveyor belt cut-off. It is therefore rational for all the products that I have mentioned to be included in the smoke-free generation legislation. That will prevent anyone from taking up use of the products in the first place.

As I stated in my opening speech, I am grateful to the hon. Member for Windsor for bringing the discussion before the Committee, but while I appreciate his intention, it is not something the Government support. In relation to the amendments, I say to the Committee that the Government do not believe it is appropriate to establish a more lenient penalty regime for the offences, or to introduce a mandatory age-verification policy.

The clause seeks to change the age of sale for tobacco products, herbal smoking products and cigarette papers in England, Wales, Scotland and Northern Ireland so that no one born on or after 1 January 2009 will legally be sold those products. The Bill will be the biggest public health intervention in a generation, breaking the cycle of addiction and disadvantage, and putting us on track towards a smoke-free UK. For those reasons, I commend the clause to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

--- Later in debate ---

[Sarah Bool]

I am concerned about whether we are accidentally and inadvertently creating a loophole here. If we are not going to ban someone from breaking down a cigarette packet and selling it, that is the way they will go about doing it. We should be going for consistency and tightness on this. I appreciate that that is the law as it stands, which is why we have applied it, but have we had the foresight to ensure that we do not create a loophole? It seems quite possible that we have.

[Andrew Gwynne]

If the hon. Lady is not talking about retailers breaking up packets, which is illegal, she is talking, effectively, about proxy purchasing—an adult buying tobacco products for children, splitting up the packet and selling those products on. It is already an offence for those children to get cigarettes—whether a full packet or part of a packet—even if they are not from retailers. It is proxy purchasing, and we have already covered that.

The shadow Minister raised the issue of messaging on individual cigarettes. I am not sure whether she was under the misapprehension that it is not covered in the Bill. The Bill restates the existing power to make regulations on the appearance of tobacco products, including cigarette sticks. Not only that, but it goes further by extending the power to other products, including cigarette papers. Although we do not plan to introduce dissuasive cigarettes at this time, as we believe we already have strong health warnings in the existing measures, we will continue to monitor the situation. We do leave an open door to it, and the powers are there. We will, however, mandate pack inserts into cigarette packs. We believe that that is proportionate at this time, while not closing the door to going further.

Lastly, the shadow Minister noted that, in some cases, fines are consistent across the United Kingdom, but that, in others, there are differences. I am afraid that that is the result of the devolution settlement. We have built into the Bill the ability for all four nations to walk together on making our country smoke-free, but the levels at which fines are levied are entirely a matter for the devolved Administrations. That is why there is sometimes an inconsistency in fine levels.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Age of sale notice at point of sale: England

Question proposed, That the clause stand part of the Bill.

Tobacco and Vapes Bill (Sixth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Sarah Bool (South Northamptonshire) (Con)]

I want to follow up on the points made on clause 5(3) and clause 6(3) in particular. Both specify that

“The notice must be displayed in a prominent position”.

I agree with many of the points my hon. Friend the Member for Windsor made about what that means in practice. In the information pack that we have been given, there is a quote from the Scottish Grocers’ Federation, which I want to read for the record. It explicitly states:

“In most convenience stores, space is at a premium and the suggested wording set out in UK Government proposals will require a significant surface area in order to be legible and accessible to all customers. The complexity of a moving ban will require very clear public messaging. Appropriate and mandatory signage is essential for good practice and the sale of age restricted items, SGF is concerned that multiple messages throughout the store relating to various product ranges and items could potentially create confusion and lead to challenging interactions between customers and staff.”

To protect our retailers, we must ensure that we enforce these regulations correctly. When making the regulations, the Secretary of State should take into account the voice of the retailers.

[The Parliamentary Under-Secretary of State for Health and Social Care (Andrew Gwynne)]

It is a pleasure to serve under your chairmanship, Sir Mark. In responding to points that have been made, I want first to reiterate that these two clauses do not relate to enforcement; they concern the nature of the signage that will be required to be displayed. We can come to those other matters later in the Bill’s proceedings. I remind Opposition Members of what has been said in previous debates: we will use the very long lead-in time to engage fully with the retail sector to ensure that we get the delivery in shops right and to ensure that the Bill’s provisions can be implemented without any hiccups.

I also reiterate that we abhor any violence and abuse towards retail staff—or anybody else—and it is the intention of this Labour Government to introduce a new offence in this respect. Given the comments that have rightly been made in the course of this and earlier debates, I hope that it will command full support from all parts of the House.

The hon. Member for Windsor asked what is meant by “negative resolution procedure”. It is the procedure for the statutory instrument that will be have to be made to introduce these regulations. The fact that it is “negative” means purely that it will not require a parliamentary debate. It will be done through the usual secondary legislation processes.

There were questions about the nature of the clauses relating to different parts of the United Kingdom, and why we are approaching this with slightly different methods. I must say politely—particularly to the shadow Minister—that we have to respect the devolution settlement. These matters are entirely within the legislative competence of the devolved Administrations. Some things remain reserved for the UK Government, but for a lot of the measures in the Bill, the legislative competence rests with the devolved Administrations and their Parliaments.

--- Later in debate ---

[Andrew Gwynne]

I am grateful to my hon. Friend for that. This debate will not stop here at Committee stage; I am almost certain it will be raised on Report. If it is not concluded to the satisfaction of those who wish to see such provisions in the Bill, I have no doubt that it will be raised in the other place, too.

However, it is really important that we do not end up with unintended consequences. We have to get this legislation right. The smoking cessation services available are far-reaching in these settings, and I see no reason for an exemption, given that nicotine replacement therapies such as gums, patches, inhalers—important medicines—will still be still be available to patients with a nicotine addiction in mental health settings. It is for that reason that I ask the hon. Member for South Northamptonshire to withdraw her amendment.

[Sarah Bool]

I would like to press my amendment to a Division.

Question put, That the amendment be made.

Tobacco and Vapes Bill (Second sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 7th January 2025 Public Bill Committees

[Andrew Gwynne]

Q Finally from me, in the previous iteration of this Bill, the fixed penalty notices were to be set at £100. There was criticism and concern from trading standards representatives, who advocated for increasing the value of the fixed penalty notice. Notwithstanding your answer to the shadow Minister’s question, do you think that doubling the fixed penalty notice to £200 strikes a better balance?

Lord Michael Bichard: Yes, I think we feel that. You might also consider an increase for second offenders before you move to prosecution. I do not think anyone wants to move to prosecution, because it is such a time-intensive process. I know we have limited time, but one thing we have not talked about is retailers. We also ought to be concerned about the online market—or rather, you should be concerned, as we are. It is a difficulty for us and for local authorities, because no single local authority thinks it should be responsible for enforcing legislation in an online marketplace.

We have a solution to that, which is that we have a lead authority that we think could deal with this and avoid the problem with individual local authorities. I think that will become an increasingly important element of the vape marketplace.

[Sarah Bool (South Northamptonshire) (Con)]

Q To build on a point my hon. Friend the Member for Sleaford and North Hykeham made a moment ago, the Scottish Grocers’ Federation has indicated in some of the information it sent to us that, in its latest crime report, the most prevalent cause of threatening behaviour in stores is the refusal of sale and asking for proof of age. I am concerned about that rise in retail crime and what more can be done. I know that the education piece is needed, but is any thought being given to how we can further prevent some of these problems?

Lord Michael Bichard: It seems to me that it is now such a part of life that it is not as big a problem as it was; I think it is a problem that will diminish.

Wendy Martin: Certainly the retail violence is of concern and has been well publicised. It is clearly a policing issue rather than a trading standards issue. I guess it needs activity to make sure that everyone understands what is being done and why it is being done, and to make sure that there is a policing response, if possible, where there are issues. I know that local authorities work through community safety partnerships and things like that in local areas if there are particular incidents. Again, it is not specifically a trading standards response, but local authorities and local police forces will work together to do their best to address these things, because nobody wants anyone to be threatened with violence.