Tobacco and Vapes Bill

Debate between Bob Blackman and Mary Glindon

Report stage
Wednesday 26th March 2025 Commons Chamber

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

As chair of the all-party parliamentary group for responsible vaping, I have followed the progress of the Bill closely. I will speak to new clauses 4, 6, 7 and 15, as well to amendments 36, 37 and 88, all of which stand in my name. I congratulate the Minister on her appointment and on stepping up so wonderfully to help move the Bill forward today.

Youth vaping is an enormous public health challenge that forms one of the Government’s central messages in the Bill. All of us in this place will have heard concerns from teachers and parents about the prevalence of youth vaping, and the challenges that schools face in tackling it. The Bill sets out to reduce the appeal of vaping to children, but a delicate and calculated approach must be taken when addressing youth vaping. In addressing one problem, it is incumbent on us all as legislators to not give rise to another—in this case, deterring tobacco smokers from making the switch.

We still have more than 6 million smokers to reach, and vaping is 95% safer than smoking, according to King’s College hospital and the former body Public Health England, and it is the most successful tool to help smokers to quit. According to data from Action on Smoking and Health, 3 million adult vapers are ex-smokers. There are hard yards that we still have to take to reach smokers, and I fear that the Bill, at present, is losing sight of what the evidence base says about the relative harms.

Vape flavours can play a significant role in passporting adults towards a less harmful alternative. I was pleased to see in the response to a written question I tabled that the Government recognise that flavours are a consideration for adult smokers seeking to quit. The previous Public Health Minister, the hon. Member for Gorton and Denton (Andrew Gwynne), said that

“it is important we strike the balance between restricting vape flavours to reduce their appeal to young people, whilst ensuring vapes remain available for adult smokers as a smoking cessation tool.”

A study led by the University of Bristol last year found that flavour restrictions could discourage adults from using e-cigarettes to help them quit smoking. Amendment 37, which stands in my name, seeks to strike a balance between banning flavour descriptors, which would remove flavours that deliberately appeal to children such as gummy bear and bubble gum, and allowing adults to use their smoking cessation product of choice.

Sticking on product requirements, amendment 36 would empower Ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices. These products are typically cheaper per puff, contain significantly more vape liquid and plastic content than other devices, and have a specific youth appeal. In January, the Department for Environment, Food and Rural Affairs released new guidance outlining what can be considered a reusable product, aiming to prevent the retail of vapes with superficial charging and refilling features. I believe that this should be put on a statutory footing to ensure its consistent and effective application. The Bill should be amended to clearly stipulate “one device, one tank” to prevent irresponsible actors from flooding the UK with these products following the disposable ban.

New clauses 6 and 7, which stand in my name, would introduce a requirement for retailers in England and Wales to include age verification at the point of use. While the Bill seeks to tackle youth appeal, a fundamental issue is left unaddressed. Once a vaping product leaves a shop, there is no barrier to its being used by children, but technology against this already exists. I met with IKE Tech LLC, a company that has developed low-cost, Bluetooth-enabled chips that pair with a mobile app for secure identity verification. Its technology also includes geofencing, which can disable devices in certain areas, such as schools. The new clauses would harness the potential that innovation has to offer to address youth vaping accessibility head-on.

Turning to advertising, new clause 15 would create a limited and tightly defined exemption from the new advertising restrictions for in-store promotional materials in specialist vape shops, provided that these are not externally visible and that they meet any conditions around health warnings set by Ministers. I am fearful of a situation where specialist tobacconists are given exemptions to the restrictions set out under clauses 114 to 118 but specialist vape shops are not. These vape stores provide adult smokers with important advice and product consultations in their journey away from tobacco, and I have seen that in action.

Nicotine pouches are currently only regulated through the General Product Safety Regulations 2005, meaning that there is comparatively little regulation around these products, particularly regarding nicotine strength. Nicotine pouches with strengths ranging from 70 mg to 150 mg are easily obtainable. There is a pressing need to limit the strength of nicotine to lower levels. New clause 4, which stands in my name, would ban the manufacture and sale of pouches with more than 20 mg per pouch. This would eliminate the dangerous high-strength products while maintaining a threshold that minimises adverse consequences arising from the restriction, such as smoking and illicit pouches.

Before making any regulations under part 5 of the Bill, amendment 88 would require the Secretary of State to consult

“any persons or bodies as appear to him or her representative of the interests concerned”,

instead of what is stipulated in the more limited current wording. The Bill provides Ministers with broad powers to make further regulations. It is vital that these powers are exercised in consultation with all relevant stakeholders, including public health experts, enforcement bodies, cessation specialists, retailers and industry.

As chair of the APPG for responsible vaping, I hope that Ministers will be willing to engage in the coming months as regulations are brought forward. People who do not smoke should not vape. But for those who do use tobacco, I believe that we have a duty to ensure that legislation effectively harnesses the power of vapes as a smoking cessation tool.

[Bob Blackman (Harrow East) (Con)]

It is a pleasure to follow the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon), and I congratulate her on her work on vaping and combating illegal sales. I declare my interest as the co-chair of the all-party parliamentary group for action on smoking and health for nine and a half years. I have seen the work that the Conservative Government did to combat smoking, which led to a dramatic drop, but we are not where we need to be. I commend the Minister and the Government on bringing forward the Bill, and on absorbing almost all the amendments that my colleagues and I proposed in the Bill Committee for the previous Bill to strengthen it and make it much more likely that we can achieve a smokefree England by 2030.

As has been said, the Bill will make us a world leader in tobacco control. We have always been at the forefront, but it consolidates regulation and limits the reach of the tobacco industry. We should be clear that tobacco is a uniquely lethal product that, when used as intended, kills two thirds of long-term users. Above all else, it is highly addictive and hard to quit once people are addicted. Most smokers will say that they wish that they did not smoke and had never started, and that they have had their agency removed by their addiction. By passing this legislation, we are giving choice back to young people in the future, who will avoid ever falling into that trap and the addiction that it brings.

I have tabled a number of new clauses. I think that the Minister is unlikely to accept them, but I commend them to her for further consideration. New clause 17 calls on the Government to consult on the introduction of a “polluter pays” levy on the profits of the big tobacco industry. The all-party group has championed this campaign for many years. It is supported by the Khan review, which was set up by the former Member for Bromsgrove to enable a position to be reached. Almost all its recommendations are absorbed by the Bill, as they were by the previous Bill, but some are outstanding. The “polluter pays” levy is one of them. It is supported by charities, health organisations, academics and think-tanks.

Tobacco consumption costs our society greatly. The latest data from Action on Smoking and Health estimates that smoking costs society in England alone £43.7 billion a year—far more than the £6.8 billion that is raised through tobacco taxes. That includes £27.6 billion in lost economic productivity. We heard from the Chancellor and the Secretary of State for Work and Pensions about reducing the cost of the welfare state. If we can stop people smoking, they will not become unhealthy and unable to work. They will be able to get back into the workforce and pay taxes rather than be in receipt of welfare. This is an opportunity to reduce the impact on the benefit system and improve productivity right across the UK.

Smokefree 2030

Debate between Bob Blackman and Mary Glindon

Tuesday 26th April 2022 Westminster Hall

[Bob Blackman]

I thank the hon. Member for his intervention and for the work that he has done on combatting smoking over many years. He raises the issue of smoking in pregnancy, which is the one target that the Government came closest to missing at the time of the last review. The target was 11%, and the Government just about achieved it. I am very clear that, for young women who are pregnant, we need to ensure that, if they smoke, they should be referred immediately to quitting services at the first meeting to discuss their pregnancy through the health service, and not just them but their partner as well. If both give up smoking, there is a strong chance that they will continue to not smoke. They need to understand the damage that they will do to their unborn child and the damage that they are doing to themselves. If we get to that point, it will improve the position no end. That is in the NHS plan, but for future years. I see no reason at all why that could not be introduced now. That is a management decision by the NHS, and I would ask my hon. Friend the Minister to encourage the NHS to do precisely that.

The all-party parliamentary group had an excellent meeting with the chairman of the independent review, Javed Khan. It was a very encouraging meeting, and we expect his recommendations to match the scale of the challenge, but unless his review is turned into a meaningful plan of action that is backed up by funding, it will not be worth the paper it is written on. We need new sources of funding, and the 2019 Green Paper recognised that we would need funding to end smoking, that there was pressure on budgets and that existing sources of funding were not sufficient. Three years and one pandemic later, the pressure on budgets in even greater. In its submission to me, the Local Government Association said that local authorities are paying some £75 million for quitting services overall. Clearly, they need additional funding to achieve what is required.

We are talking about disadvantaged communities, and levelling up is quite rightly a flagship policy for the Government, but there is no new funding to deliver on the bold ambitions set out in the levelling-up White Paper. The Institute of Fiscal Studies says that

“instead, departments will be expected to deliver on these missions from within the cash budgets set out in last autumn’s Spending Review. Departments and public service leaders might reasonably ask whether those plans match up to the scale of the government’s newfound ambition—particularly in the face of higher inflation.”

The levelling-up White Paper missions include narrowing the gap in healthy life expectancy between the local areas where it is highest and lowest by 2030, and increasing healthy life expectancy by five years by 2035. Smoking is responsible for half of the 10-year difference in life expectancy between the most and least disadvantaged in our society, so achieving the Government’s levelling-up mission on life expectancy will depend on delivering the smokefree 2030 ambition.

The Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Harborough (Neil O'Brien), has said that the Government must “floor it” when it comes to prevention and public health, but we cannot floor it unless there is gas in the tank. Gas in the tank is what we are lacking right now. Funding for public health is in a parlous state. We must face up to the fact that funding for smoking prevention has been particularly hard hit.

After the spending review was published, the Health Foundation estimated that funding for smoking cessation and tobacco control had been cut by one third since 2015. The cuts in budgets for tobacco control are the falsest of false economies. Unlike most pharmaceutical drugs, smoking cessation saves money, and with no negative side effects. The National Institute for Health and Care Excellence has estimated that, for every pound invested in smoking cessation services, £2.37 will be saved on treating smoking and smoking-related diseases, as well as increasing productivity.

[Mary Glindon (North Tyneside) (Lab)]

I am so pleased that the hon. Gentleman’s birthday is in this month of VApril, and I congratulate him on this debate. Does he agree that the vaping industry, which is supporting harm reduction by encouraging people to turn to vaping, should get more support, and that vaping should be part of the Government’s harm-reduction strategy? Vaping is also more economical. Encouraging people away from cigarettes to vaping would be a good step in the direction of better health.