Tobacco and Vapes Bill (Fifth sitting)

Debate between Andrew Gwynne and Sarah Bool

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

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.