Tobacco and Vapes Bill (Second sitting)

Beccy Cooper Excerpts

Committee stage
Tuesday 7th January 2025 Public Bill Committees

[Sadik Al-Hassan (North Somerset) (Lab)]

Q Do you believe the measures in the Bill to prevent vapes appealing to children are likely to work?

Alison Challenger: The short answer is yes, I think they do. The need not to have children exposed to the marketing of vapes is very important. At the moment we see that children are exposed to that marketing and are encouraged to get access to vapes, so it is important that this is brought into the Bill. I think what is currently in the Bill will help us to address that significantly.

David Fothergill: I concur. From a local authority point of view, we have argued long and hard about vapes and have spoken with your colleagues in the Department for Environment, Food and Rural Affairs about disposable vapes, which we have been very concerned about; so it is great to see this legislation moving forward.

[Dr Beccy Cooper (Worthing West) (Lab)]

Q Thank you for coming to give evidence this afternoon. As we have two of my fellow public health colleagues giving evidence, could I ask what the general response to the Bill has been from the public health community? Are there any significant suggestions from the public health community of areas that we should consider further?

Professor Tracy Daszkiewicz: From the public health community, it is widely accepted and supported. It gives us a great opportunity not only to increase the conversation, but to broaden it. How we embed the legislation into practice will be key: making sure that we are getting it to the point of delivery where we can effect change in terms of protecting our populations in the most effective way, making sure that we have a focus on smoking cessation, that we have a consistent and unified approach, and that we have the agility and adaptability to target different cohorts and different populations effectively. From the public health perspective, though, the Bill is hugely supported.

Alison Challenger: Similarly, from the Association of Directors of Public Health, the Bill is very much welcomed. It will represent a sea change in reducing harm caused by tobacco, which is still our biggest killer. Significant numbers of people continue to smoke and are still addicted to smoking. The product itself is not only extremely dangerous but extremely addictive at the same time. We welcome these measures to address that.

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

Q I thank the LGA for the support and engagement that we have had in drawing up the measures. Do you think that the Bill gives local authorities the right tools in relation smoking and vaping? How can we best work with colleagues in local government to get this right and ensure that it is workable on the ground?

David Fothergill: The engagement has been really positive and constructive. We have faith in the Bill and that it has the right intention, the right measures and the right provisions. Our concern is around the funding, the timing and the pipeline of trading standards. The key thing for us is that it is an empowering Bill; it empowers local authorities. If you tried to legislate for every single local authority to implement it in the same way, we would run into some quite difficult conversations and difficult times; it would make enforcement more difficult. Allowing local councils to do what is right for them is the route to go.

People who sit on licensing committees have local understanding. I can give you an example. Should we ban the sale of tobacco within 100 metres of a school? That would be quite easy to do in an urban area, but I look after villages. If you do that, they have lost their only shop. People would not be able to go to that shop to buy legally. So you have got to have local knowledge. It is the right Bill, but we need to make sure that it is an empowering Bill for local authorities to implement in their local communities.

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[Dr Chambers]

That is well articulated. Thank you.

[Dr Cooper]

Q Thank you for coming along this afternoon. You mentioned the New Zealand case. Could you talk briefly, in case anybody does not know, about what happened and why the standards were dropped? What learnings might we take from that for our legislation?

Professor Linda Bauld: I think there are political aspects to that, which I will not comment on, but obviously the understanding was that it was a very comprehensive and ambitious set of measures that was introduced. Like this Bill, it was about not just the smoke-free generation but other measures as well, including, interestingly, on the density of retail outlets, which might be something for another day or another, potential future measure. A new Government came in and decided not to take it forward.

The learning that we need to take from that, from my understanding and from speaking to colleagues there, goes back to the CMOs’ evidence about the lobbying that is going to occur. The tobacco industry and partners around the industry are very powerful, so persuading colleagues that this is undermining choice and that it will be a burden in terms of regulation, cost to retailers and so on—those were the arguments that were used in New Zealand.

We need to keep a watchful eye, as we think ahead to the regulations and the next steps for the legislation, that we do not open that door too widely and allow those arguments to become too powerful. As you heard earlier, that industry is continually looking for new recruits to replenish those it loses through morbidity and mortality, and that will happen in the UK as well unless we get this right.

[John Whitby (Derbyshire Dales) (Lab)]

Q There are obviously going to be future health benefits and financial benefits but, realistically, based on what happened in New Zealand, how quickly are we going to feel the benefits, public health-wise and financially? It is going to take years for us to realise the benefits of the Bill.

Professor Linda Bauld: This is quite a comprehensive piece of legislation, with lots of different pieces, so I will give a couple of examples. One area we looked at was protecting more places from second-hand smoke, and the health benefits of that to people who are vulnerable—people with asthma, respiratory conditions and cardiovascular disease—are very immediate. When the smoking ban came in in England in 2007, I did a study looking at admissions to hospital from myocardial infarction after the legislation was introduced, and in the first year we saw substantial reductions in admissions to hospital for heart attacks. So I think some things will be quite quick.

In terms of the pregnancy question, if a woman is not smoking during pregnancy—some of the measures encourage that—the health benefits to the mum and the baby are immediate and long lasting. I also mentioned the modelling statistics on driving down prevalence, which is obviously going to take more time. There are then the regulations to protect young people from vaping, some of which will, I think, have quite a big effect if they prevent somebody from taking up vaping at all, and some will take a bit longer in terms of driving down the rates. It is a balance.

The final thing I would say is—this is my opportunity to make this point, as you would expect—please, let us make sure that we do the research. We must support the academic community to do the research to monitor how the Bill is implemented, so that we can provide evidence that what colleagues have put forward and decided to do actually makes a difference. Other countries will then be able to look at that evidence and make up their own minds.

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[Liz Jarvis]

Q One thing that I have picked up from my conversations with youth workers and police is that children are being given vapes outside school. For example, if they are not at school for any reason or if they are particularly susceptible or vulnerable to other influences, they might be given them in the playgrounds or wherever. Obviously you have the issue that it can be a gateway to county lines as well. How do you think this Bill will support education, encouraging children to turn away from vaping, and should the Bill be backed by a public health awareness campaign aimed specifically at children and young people?

Matthew Shanks: I would say yes to the second point, but I would aim the campaign at everybody, because we also need to educate parents to get them to understand. On the first point, I think people who want to find ways of rewarding people to get them to join things that are not appropriate will find something, and vapes are something that is being used at the moment. I am not saying that this Bill will stop that happening, because people will always find ways, but it will certainly help the majority of people to see that vaping is not something they should engage with.

[Dr Beccy Cooper]

Q Thank you for coming along this afternoon. I want to hear a little more about the online issue—children purchasing vapes or perhaps being influenced to purchase vapes there. Given your experience as a headteacher and working in schools, how influential do you think the online environment is? Would you like to see the Bill develop more to look at that as it goes forward?

Matthew Shanks: Yes, I think the online area is hugely influential for children. It is where they spend a lot of their time—a huge amount of their time—so it would be really good if this Bill could look at that as well. I do not receive any online marketing adverts for vaping, but I am not 13 years old. I bet if I was, I would, so I think that is an element to look at.

[Sadik Al-Hassan]

Q You have listed a couple of bits, but do you think there are any further measures that would help to limit the appeal of vapes to children and young people?

Matthew Shanks: I think the appearance and location of vape shops are important, so there could be better regulation around that. We have talked already about sponsorship bans. We have talked about raising the age of sale for vapes. I think vape packages should have the same kind of warnings that cigarette packages have on them. I really think so, because at the moment, they do not—and why would they not, if it is a cessation? “You are going to stop that, but you could still get this, so actually, we want to stop that.” Ultimately, that is what we should be aiming for.

I think the young people parenting support provisions are engaged in that, because as I have said, parents see this as a way of enticing children back into school or helping them or taking away an argument. You have to appreciate that I am not criticising parents, because they have a tricky job to get them back in. They see this as something safe and think they are caring for their child, so if we make it clear that actually it is not, that will be really important.

I have talked about vape detectors being useful in schools, but would it not be good if actually these things were banned? Then they could not be there. From that point of view, I think it is important.

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[The Chair]

Could you make the answer shorter than the question?

Andrew Gwynne: Those are two very good questions. This Bill is a landmark piece of legislation. I think it will be the biggest advance in public health for a generation. It will be a truly historic thing. What a wonderful thing to say that, in the near future, no child born after 1 January 2009 will ever legally be able to be sold tobacco. That leads me on to your first point: tobacco is a killer. It kills about 80,000 people in this country a year. It is responsible for a quarter of all cancers. It puts enormous pressure on our NHS and our economy.

The death rate for somebody in a more deprived part of our country is more than two times higher as a consequence of smoking. There is no reason beyond smoking why the life chances of somebody living and growing up in Richmond are so much better than those of somebody growing up and living in Blackpool. It is because the smoking prevalence for somebody growing up in Richmond is about 4.6%, whereas for somebody living in Blackpool it is over 20%. This will save lives. This will narrow health inequalities. That is what all of us, irrespective of our parties, were brought here to do.

[Dr Cooper]

Q Thank you, Minister, for that rousing speech. I will keep it brief. I want to come back to smoke-free spaces. As you say, the Bill will lead to smoke-free spaces outside schools, children’s playgrounds and hospitals. That is all very laudable and evidence based, but it is important, if you can, that you address the issue around hospitality settings. Please state to the Committee why they are not in the Bill as it stands.

Andrew Gwynne: We wanted to have a proportionate approach. We recognise the difficulty that the hospitality sector has gone through and is in. We listened to the voices of concern. I cannot speak for ministerial colleagues in Scotland, Wales and Northern Ireland, but, as far as England is concerned, we decided that we wanted to target outdoor smoke-free places to areas where children and the most vulnerable people are likely to be. That leads to the logical conclusion that we should target the outside of hospitals, where a lot of vulnerable people go through the doors, outside schools and outside children’s playgrounds.

[Mr Barros-Curtis]

Q Minister, could you say a bit more about why you are taking the four-nation approach? I am a Welsh MP, and we have talked about some of the positive and progressive examples that have been illustrated in Wales, which we can learn from. Is the four-nation approach one of the strengths of this Bill? Will it help to ensure that you get that world you talked about, which I suspect—although I do not want to speak for everyone—we all support? Can you say a bit more about that four-nation approach, and if that is one of the key strengths underpinning this Bill?

Andrew Gwynne: It is. The four nations that make up our United Kingdom have gone at different speeds and to different depths in terms of tobacco control over recent years. Zubir was absolutely right to point out that it was the Scottish Labour Government that first introduced the indoor smoking ban, and we followed suit soon after, but it is really important that the four nations stand together on this, not least because some of this does require a four-nation approach in legislative terms. It also means that we can meet this ambition together, and that we are all in this together, because, for me, a health inequality in parts of Greater Manchester is just as important as a health inequality in Glasgow, Cardiff or Belfast.

We need to tackle these inequalities, because they are a scourge on our society. That is why a four-nation approach, alongside the permissive nature of this Bill, means that the four nations can go forward together, but also diverge on the basis of extending consultations and so on. That is why we have the support of the devolved nations and the Ministers, who come from different political persuasions across Northern Ireland, Wales and Scotland; we are all in one, as far as this Bill is concerned, and we have shaped it together.