Tobacco and Vapes Bill

Bob Blackman Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

May I declare my interest as a former chair, for nine years, of the all-party parliamentary group on smoking and health? In this new Parliament, I co-chair the same group with the hon. Member for City of Durham (Mary Kelly Foy).

I am passionate about preventing young people from starting to smoke and encouraging people who do smoke to give up because of my personal experience. The Secretary of State related his personal experience, and I think it is right that I should relate mine. Both of my parents died from smoking-related cancer. My late mother was only 47 when she died. She was a very heavy smoker all her life. I was then left as a 23-year-old with three younger sisters to bring up as a family. I do not want any family in this country to go through what our family went through. So this, for me, is personal as well as political.

I listened to the Secretary of State when he talked about the speech that the former Prime Minister made at the Conservative party conference. If he examines the Westminster Hall speech that I made some two months earlier, he will see that it was almost the same—word for word. I have not called my right hon. Friend out for his plagiarism before.

This House has a very long history of tobacco control. Those measures have been introduced mainly from the Back Benches. I know that the Government will proclaim that a Labour Government brought in the ban on smoking indoors, but it should be remembered that it was a senior Labour Back Bencher—a former Member of this House—who said that unless the Government introduced the measure, he would table a cross-party amendment to the Health Bill and it would be carried by a heavy majority. He did not need to do that, and I welcomed the provision.

I am delighted that this Bill builds on the Bill that was presented in the previous Parliament. I was proud to speak in that debate and to sit on the Bill Committee as we tried to improve the Bill. The then Minister, Andrea Leadsom, took away many of our amendments and said that she did not yet have the authority to agree them, but was willing to review them in the round. Clearly, we did not get to the point of doing that. It is important to remember that from 2011 to 2023, the number of people smoking dropped from 20% of the population to 11.9%, which is a big fall. The previous Government should be commended for that. Indeed, the last Government made it illegal in 2012 to display tobacco products at the point of sale. I remember that I led a debate in Westminster Hall in September 2013 calling for the standardisation of tobacco products to be made mandatory. Both the Conservative and Labour Front Benches opposed the position. Two years later, it was passed by this House. That shows how the Back Benches lead and Governments often follow.

At the same time, children were protected from harmful second-hand smoke by a law that made it illegal to smoke in a vehicle containing anyone under 18. That is difficult to enforce, and I remember many colleagues saying, “If you can’t enforce it, it won’t happen,” but most colleagues will remember sitting in a car where their parents were smoking and suffering that second-hand smoke. We won that argument. It was once again a Back Bencher—the senior Back Bencher Alex Cunningham—who brought that forward, and we were proud to support it.

We won the argument on the smokefree generation. The then Health Secretary, my right hon. Friend the Member for Godalming and Ash (Jeremy Hunt), built the cross-party consensus then, and we reached the consensus on raising the age of sale for tobacco by one year every year. In the vote on Second Reading of the last Tobacco and Vapes Bill, it was rightly backed by a huge majority across the House.

I welcome the new measures, which include the amendments tabled to the original Bill. It takes into account most, if not all, the amendments we proposed last time in Committee. The Government have not yet met the standards set by the last Government, though, in addressing smoking among the 5.6 million smokers in England. The last Government committed £15 million in funding for mass media campaigns, £30 million for enforcement and £70 million for local stop smoking services. I note that the Secretary of State mentioned the £70 million for smoking cessation services, but not the other items. When the Minister responds, will he commit to the same level of support for the “swap to stop” scheme to support adult smokers to switch to vapes and a national financial incentive programme, particularly aimed at pregnant women who want to stop smoking?

Today, the Government confirmed funding for stop smoking services and enforcement. That is welcome, but only if the funding is sustained for the next five years in line with the commitments made by the previous Government. I am also concerned that while the enforcement duties in the Bill are greater than before, that has not been matched by additional funding. Will the Minister confirm that a full assessment of the cost of enforcement will be undertaken as a matter of urgency and that the funding will be reviewed following that and the passage of the Bill?

Between 2022-23 and 2023-24, we saw the biggest single drop in maternal smoking rates since records began, from 8.8% to 7.3%—an 18% decline in the number of women smoking during pregnancy. The fall was a credit to the services established under the last Government to support women to quit. Keeping up that level of progress will not be easy, but by maintaining the world-leading national financial incentive scheme, that rate of decline can be maintained, giving children the gift of a smokefree start in life. However, the funding for the scheme is due to come to an end in March next year. Will the Minister confirm whether the Government will extend the scheme and ensure that every baby gets the best possible start in life—something I know his predecessor would have strongly supported?

Most of the Bill comes from the Khan review. One item is not in the Bill that certainly should be. The difficult fiscal environment that the Government find themselves in means that discussions on funding can lead to tense shoulders on the Government Benches. However, I bring good news: there is a way to raise revenue, by passing the costs directly on to tobacco companies—those responsible for the blight on our population’s health and wealth. Will the Minister agree to come to the APPG and address the matter, so that we can talk about the implementation of a “polluter pays” tobacco levy on the profits of big tobacco, which would address issues with market prices and limit the profitability of the industry? That can all be done without impacting the cost of tobacco to the consumer or, indeed, on the wholesale market.

As co-chair of the all-party group, I congratulate the Government on adopting so many of the amendments that we tabled in the last Parliament, including on the introduction of a licensing scheme. I am pleased that the Bill indicates that that scheme will be more robust that the current scheme for alcohol, meaning that it can be used to improve public health, which I am sure we all agree with. At the Committee stage of the previous Bill, I also tabled an amendment to require age verification for everyone who purchases tobacco. That would aid enforcement and simplify the process for shop workers, who would not have to guess whether customers were over the legal age of sale or explain to some why they were being asked for proof of age. The requirement to ask for proof of age has been strengthened but not mandated, so in Committee will the Minister consider introducing mandatory age verification?

I welcome the ban on vape sponsorship and advertising, which was, once again, discussed in the previous Bill Committee. The promotion of vaping products for anything other than smoking cessation does not support public health goals. However, I am pleased that the Bill ensures that public health organisations can still promote vapes as a quit-smoking aid. Can the Minister confirm that the Advertising Standards Agency will work with public health organisations to ensure that that works in practice, so that smokers are still informed about the benefit of switching and, more importantly, of giving up tobacco altogether?

The Bill includes new powers to extend and designate smokefree places as vape-free. It is a shame that a consultation on where those powers should apply was curtailed before the Bill ever reached Parliament, because we need an open debate on that subject, and it would be better led by evidence rather than by decisions made behind closed doors at the Department. Will the Minister consider that aspect and see whether we can have a proper consultation so that all members of the public can participate?

The Bill consolidates many existing powers around tobacco control and brings them into one place, and I welcome that proposal. It will, I hope, ensure that legislation is future-proofed against any loopholes or escape clauses. We know how hard big tobacco works to get around the legislation we pass in this place. An issue that I do not believe is covered by the Bill—although I stand to be corrected—is that of chewing tobacco. Paan, for example, is often mixed with tobacco and sold with different products in different outlets, and it is sold loose, so it is difficult to monitor. Often, existing laws on oral tobacco are not enforced properly, so the populations who use those products, who tend to come from the Indian subcontinent, do not realise the risks that they are running. We know that mouth and throat cancers are particularly prevalent among people from the Indian subcontinent. We must combat that by ensuring that such products are properly regulated. Will the Minister consider regulating all forms of tobacco and ensuring that trading standards and others have the resources to enforce the regulations properly?

I congratulate the House on the continued consensus on reducing smoking, and take this moment to mark the significance of the Bill’s return to Parliament. I am very proud that it was a Conservative Government who first introduced the policy. No other consumer product kills up to two thirds of its long-term users; it is uniquely lethal and requires a regulatory approach. Government intervention is justified against this addiction, which steals the health and wealth of our population. To those who say that this is a matter of freedom of choice, I say that there is freedom of choice only in taking the first cigarette, after which people are addicted for life and either have to try to quit—some try up to 30 times, as we have said—or face shortened lives and horrible deaths.

We in this country have been a world leader in tobacco control, standing up to big tobacco’s repeated efforts to block our progress. The creation of a smokefree generation would have been absolutely unthinkable a few years ago, but it is so close—we can see it coming now—and it will be a credit to this Parliament and the previous one. I remember the Minister saying that it would be a Labour Government who created a smokefree England by 2030. Let us hope that we can do it faster than that.

--- Later in debate ---

[Andrew Gwynne]

I think the hon. Gentleman has just talked himself into a job. He is absolutely right that the best people to advocate for stopping smoking are former smokers.

We will still encourage adult smokers to switch to vaping through Swap to Stop in England, and I am delighted that localities have asked for over half a million starter kits so far. On advertising regulations, of course the consultation will take place after Royal Assent, but I hope that I can assure the hon. Member for Harrow East that we will take away his point about ensuring that the NHS can still advertise Swap to Stop under those regulations. On a tobacco industry levy, fiscal matters are for the Treasury, but I am sure that his views and those of others have been communicated to Treasury Ministers.

The hon. Member for Lewes mentioned the rise of the black market. This is a line that has been parroted by the tobacco industry for years, so we need to spell out the facts. Whenever Governments of any guise have introduced targeted tobacco control measures, the black market actually has not prospered. Consumption of illegal tobacco has gone from 15 billion cigarettes nearly 25 years ago to just one 10th of that amount last year, and when the last Labour Government raised the age of sale from 16 to 18, the number of illicit cigarettes fell by a quarter. However, this requires better enforcement, and we will use every second of the generously long buffer period to support businesses in preparing for and implementing the changes, including through information campaigns. We are providing £10 million to trading standards to increase their capacity and capabilities next year, and there is £100 million for Border Force and His Majesty’s Revenue and Customs over the next five years to tackle illicit and under-age sales. The Bill also allows trading standards to issue on-the-spot fines of £200, and to reinvest the proceeds of those fines, and indeed the licensing regime, back into further enforcement.

[Bob Blackman]

Will the Minister consider ensuring that the fines are raised by at least inflation each year? Fines could be increased on a scale, to make sure that they keep progress with changes.

[Andrew Gwynne]

We have already doubled the fine proposed in the previous Government’s Bill, which is a step. I listened very carefully to the hon. Gentleman’s argument, and he might wish to pursue it in Committee, should he be fortunate enough to be a Committee member. I look forward to the debates we might have.

A number of questions about the licensing regime were posed by the shadow Secretary of State, as well as by the hon. Member for North Shropshire (Helen Morgan), the hon. Member for North Dorset (Simon Hoare) and others. I reassure the House that across the sector, there is broad consensus among retailers about a licensing scheme; more than four fifths of them have expressed their support. Unlike alcohol, there is no licensing requirement for tobacco. A lot of people outside this House would find that hard to understand. They assume that convenience stores, supermarkets and other places that sell alcohol are licensed in a similar way to sell tobacco products, but that is not the case. We will bring in a licensing scheme, because we know that will have a huge public health impact, as other licensing regimes do.