Tobacco and Vapes Bill

Caroline Johnson Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Opposition spokesperson.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

It is now a truth universally acknowledged that smoking is bad for one’s health. It is the leading cause of preventable death in this country, responsible for over 80,000 deaths every year. When we say that number, it is easy to allow it to trip off the tongue as another statistic without really realising just how many people it represents. For each of them—such as my Nana Burton, who was a smoker and who died of lung cancer—there is a personal story of damaged health and often an early and preventable death.

The Conservative party introduced a Bill based on a similar premise to this one in the last Parliament, although the Government have made significant changes since to the legislation, including taking a power that could be used to ban smoking and vaping in pub gardens, as well as a licensing scheme for tobacco products.

On amendment 85, while we have received repeated assurances that the Secretary of State intends to use the measures in the Bill only to improve public health, we must still examine whether the legislation is proportionate and reasonable. As far as I can see, it gives the Secretary of State enormous powers to extend the smokefree legislation to any place with minimal oversight and without needing to provide a reason. There were whispers last summer that the Government were considering banning smoking in pub gardens, before they hastily withdrew this provision in the face of public backlash. If only they would withdraw more of their policies in the face of public backlash, because perhaps then we would not be in the situation we are in now.

The Bill empowers the Secretary of State to extend smokefree and vape-free regulations to more places—essentially, to any place—with the aim of reducing exposure to second-hand smoke and promoting public health. However, on Second Reading the Government did not accept our amendment that it should apply only to places that have a provable significant risk to public health to justify such a ban. For that reason, I commend amendment 85 once again, which would restrict the Secretary of State to being able to designate only open or unenclosed spaces outside a hospital, a children’s playground, a nursery school, a college or a higher education premises as a smokefree area. Those are the areas the Secretary of State has said he wants to target, and the amendment would prevent any targeting of other areas, such as pub gardens, by the back door. While he claims that that is not his intention now, that may not remain the case for the rest of this Government’s time in office, nor indeed for any future Government. That is the risk in allowing these measures to stand, and for those reasons I encourage the House to support amendment 85.

3.15 pm

On new clause 18 and amendment 89, the new Bill also gives powers to the Secretary of State to introduce a new licensing scheme for retailers selling tobacco, vaping or nicotine products. However, we know that licensing schemes will come at a cost, to businesses and local authorities that will administer them, and in enforcement. That does not make it the wrong thing to do, but we would need to make sure that any licensing scheme is not excessively burdensome or expensive. New clause 18 and amendment 89 would therefore require the Government to consult on the new licensing scheme for tobacco sales before it came into force. That would mean that the views and impact on businesses including small businesses are heard, and ensure that councils and trading standards have the capacity to deliver such a scheme. Ultimately, there is a balance to strike between the requirements on business and public health, and a public consultation would ensure that the Government are more likely to get that balance right.

On new clause 19, another concern we have heard from those who oppose the Bill is about the impact that the legislation would have on the black market. His Majesty’s Revenue and Customs estimates that the illicit market in tobacco duty and related VAT was £2.8 billion in 2021-22, with the tobacco duty tax gap remaining broadly unchanged since 2015, while in 2023 the Chartered Trading Standards Institute estimated that a staggering one in three vape products were non-compliant. Given warnings that increasing the age requirement for tobacco products and prohibiting more vaping could expand the black market economy further, it is sensible to take precautions to tackle the issue.

[Sir Ashley Fox (Bridgwater) (Con)]

Specifically on new clause 19, does my hon. Friend agree that it is inevitable that the generational smoking ban will lead to an increase in the illegal tobacco market and that that is a highly regrettable consequence of the Bill?

[Dr Johnson]

That is certainly a significant possibility, and that is the reason for moving the amendment, as my hon. Friend will understand.

Illegal products can include smuggled and counterfeit cigarettes, vapes with nicotine levels way above the legal limits, and products containing illegal and potentially dangerous ingredients. They can be more harmful and may not include the appropriate labelling requirements and health warnings that genuine products have to carry. Regardless of whether colleagues support or oppose this Bill as a whole, I am sure we all agree that a black market is unacceptable. We have therefore put forward an amendment that would require the Government to produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My hon. Friend has rightly taken a fierce line on illegal tobacco sales in Lincolnshire. Does she acknowledge that those illegal tobacco sales are often linked to serious and organised crime? The shops that sell them are often linked to money laundering—and are usually foreign owned, by the way—and the damage they do is extreme. Will she join me in urging further action by Government to support trading standards and the local police, who are doing such a fine job in trying to clamp down on this industrial-scale crime?

[Dr Johnson]

As is usually the case, I find myself agreeing with my right hon. Friend, and that is of course why we have tabled the amendment: it will give us the evidence that we and the enforcement authorities require to make sure that the black market is reduced.

[Jack Rankin (Windsor) (Con)]

Does my hon. Friend accept that there is not a risk that a black market will open, because a significant black market in tobacco already exists? In 2021, some 23.6 billion cigarettes were sold under duty, whereas in 2024 the figure was 13.2 billion, a 44% reduction. Yet an Action on Smoking and Health survey has found that smoking has reduced by only 0.5%. The black market is already here—it is not a new thing that will be created—so the Bill presents an even greater risk.

[Dr Johnson]

My hon. Friend makes a fair point. We know the black market exists, but the amendment would enable the Government to understand the scale of that black market and the changes in it, so that regulation could be enforced more robustly.

On amendment 90, as currently drafted the legislation will ban all forms of advertising of nicotine and non-nicotine vapes, nicotine products and sponsorship that promotes those products. Adverts will no longer be permitted on posters, billboards or the sides of buses, and sports teams will be prevented from being sponsored by a vaping company. As a Member of Parliament and a children’s doctor, I have been very concerned by the sharp increase in children addicted to vaping and, more recently, the other nicotine products such as pouches that have begun to flood the market. Schoolteachers have reported that children are unable to concentrate or even to complete a whole lesson without visiting the bathroom to vape.

Action to tackle the rise in vaping is welcome, and I support steps that restrict the appeal of vapes to young people, including through flavours and packaging. However, as the Minister mentioned in her opening speech, vaping can be a useful smoking cessation tool for adult smokers trying to quit; in my view, that should be their only purpose. Within the context of proposed advertising restrictions, amendment 90 would ensure that vapes that are targeted solely as a quit aid, to help adults stop smoking, can continue, in recognition of their role in bringing down smoking rates.

Finally, new clause 20 would introduce a requirement on online vaping products to operate an age verification policy, as is currently the case in Scotland. Whether someone is buying vaping products online or in store, robust provisions must be in place to ensure that the purchaser is of legal age, and businesses must have a robust policy in place. As we have seen through recent tragedies, the age verification process for online sales on age-restricted products has not always been effective. The new clause would be an important step towards protecting children from accessing products online that they should not be able to buy.

In closing, the Conservative party has a strong record of action on tobacco control. It was under a Conservative Government that plain packaging was introduced for all tobacco products and that minimum pack sizes for cigarettes and rolling tobacco were introduced—policies that have been demonstrably effective at reducing smoking rates. I have personally campaigned passionately on the issue of tobacco and vapes for over two years, and I am pleased that some of my original amendments to the Bill have made it beyond Committee stage and are with us today. I was also glad to see some of the new Government amendments introduced on Report that were born of debates we had in Committee, which have strengthened the Bill.

Our amendments are designed to highlight some of the difficulties in the Bill. We oppose the Government’s power-grab—creating powers to ban smoking and vaping wherever they choose by regulation, but without consultation or enough notice. We have concerns about how the Bill will operate in practice, especially the burden on small businesses, and the potential for unintended consequences, such as a growth in the black market for tobacco products, so we ask that the Government seriously consider our amendments today.

[Preet Kaur Gill (Birmingham Edgbaston) (Lab/Co-op)]

I welcome the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for West Lancashire (Ashley Dalton), to her role. It is a great pleasure to speak in the debate and to support this genuinely world-leading piece of public health legislation, which will help to consign smoking to the history books.

Unless we act to help people to stay healthy, the rising tide of ill health in our society threatens to overwhelm our NHS. Paring back public health, as the last Government did, was the definition of penny wise, pound foolish. It is vital that we tackle the causes of ill health, not just the symptoms, so that we can save the taxpayer billions of pounds and, most importantly, save lives.

We know that prevention is better than cure. As we have heard today, smoking remains the single biggest preventable cause of ill health in our country, causing 80,000 deaths a year. It is responsible for one in four cancer deaths, and it is a factor in over 70% of lung cancer cases. In my own constituency alone, nearly 12,000 people smoke. They are more likely to leave the workforce due to ill health. Many will suffer strokes, heart attacks and conditions such as chronic obstructive pulmonary disease. On average, they will lose 10 years of life expectancy.

However, the real tragedy is how many thousands of those smokers will have started when they were children, when they did not know any better, and have simply never been able to quit. Most smokers report wishing that they had never started, which is why it is incumbent on us all to support this legislation to help stop the start. According to ASH, in my constituency alone the cost of smoking exceeds £90 million every year, including £56 million in lost productivity, £4 million drained from the NHS and £30.7 million in social care. The costs of smoking to our society are enormous, and that is why it is time to stub it out.

Even today, in 2025, hundreds of young people a day take the first drag of a habit they will never manage to kick, and will regret for the rest of their lives. I was proud to lead the Opposition’s response to the last Government’s Bill through Committee in the last Parliament and, as I said then, there is no freedom in addiction. It is a shame that the leader of the Conservative party allowed her ideology to blind her from that fact when she voted against the legislation in the last Parliament, and against this Bill in this one. Where the last Government failed to get their Tobacco and Vapes Bill over the line, this Government will get the job done.

I am proud that the Government have vastly improved on the legislation that the previous Government drew up. First, the introduction of a new licensing regime to cover tobacco and nicotine products, including vapes, is hugely welcome. That was a key recommendation of the Khan review in 2022, which the last Government largely ignored and which retailers and the public overwhelmingly support, according to surveys conducted by ASH. The status quo, where there was no requirement to obtain a licence to sell those products, is a major gap in enforcement, particularly when we consider that the sale of alcohol is licensed, while nicotine and tobacco are not.

Secondly, I am pleased that the Government are taking forward an amendment I tabled in Committee during the last Parliament, for the introduction of £200 on-the-spot fines for retailers selling products to under-age people. In 2019 to 2020, 50% of the councils that undertook test purchasing reported that cigarettes or tobacco products were sold to children who were under 18 in at least one of their premises. That proves that the current regime is not enough of a deterrent. The introduction of new on-the-spot fines, which are double the amount proposed by the previous Government, will be much easier to issue and much harder to ignore. Does the Minister agree with me that double the fine is double the deterrent?

Thirdly, I commend Ministers on the action they are taking on vapes. Under the last Government, youth vaping trebled in two years. An estimated one in three vapes on the market were illicit, and products often contained harmful chemicals, heavy metals or even drugs. Gaping loopholes were left to sit on the statute book for years, putting children at risk. The promulgation of dangerous illicit vapes in shops, schools and on our streets is a real concern. Recently, in Birmingham, trading standards officers and the police led raids on retailers under Operation Cloud, when they seized nearly £6 million-worth of illicit vapes, tobacco and drugs. One raid alone, the biggest ever in Birmingham, clawed £1 million-worth of goods out of criminals’ hands. That shows the extent of the problem of the illicit market and the incredible job that council trading standards teams do to keep the public safe.

I thank the Government for getting behind trading standards with a £10 million boost to support their work next year. In particular, I welcome the new Government’s introduction of clauses to this Bill to set up a testing regime for vapes, a proposal that I championed in the last Parliament. It is shocking that under the current rules, unlike with tobacco, there is no testing regime for vaping products. That means that dodgy products can be rubber-stamped by the British regulator and wind up on our shelves, undermining the valuable enforcement work that trading standards do to identify and seize un-notified products.

As testing of vapes marketed at young people has shown, a significant proportion of vaping products are not what they say they are. Some market themselves as 0% nicotine when they are not, leading to accidental addictions; others contain harmful substances, such as heavy metals and even anti-freeze, as evidenced by research undertaken by Inter Scientific. That is why during the last Parliament I tabled amendments that would have established a new testing regime for vapes. Unfortunately, the Conservatives voted them down. I commend Ministers for introducing powers that the previous Government snubbed. Nearly 3 million people have quit smoking using vapes. Clearly vapes have a role to play in the transition to a smokefree future, but if they are to be used as stop-smoking aids, we need confidence that the products people buy are safe, which is what routine testing would do.

Finally, I commend the Government on the amendments that have strengthened this Bill; they close the loopholes on vape vending machines and ban vape advertising, promotions and sponsorships. The new clauses will ensure that these products are kept away from the impressionable eyes of young people, so that the next generation are not simply substituting one nicotine addiction for another. There were significant holes in the last Government’s plan, and I am glad that the new Government are slamming them shut.

The health crisis facing our country has never been confined to the running of its hospital wards, doctors’ surgeries and dental practices. We are a sicker nation, and that public health challenge needs confronting. Life expectancy was extended by three and a half years over the course of the last Labour Government, but in the 14 years under the Tories, it grew by just four months. In this Bill, we see the epitome of the future-facing approach that only a Labour Government can deliver. By stopping the start and ensuring that the next generation never develop an addiction to nicotine, we can protect their health and wellbeing and protect our NHS for many years to come.