Tobacco and Vapes Bill (Eighth sitting)

Debate between Caroline Johnson and Liz Jarvis

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Dr Johnson]

On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 37 ordered to stand part of the Bill.

Clause 38

Fixed penalties: use of proceeds

[Liz Jarvis (Eastleigh) (LD)]

I beg to move amendment 2, in clause 38, page 20, line 18, leave out from “must” to the end of line 19 and insert—

“be allocated by the relevant Local Health and Wellbeing Board to public health projects.”.

This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives, determined by Local Health and Wellbeing Boards.

--- Later in debate ---

[Liz Jarvis]

I have one sentence left.

The amendments would ensure that the penalties imposed for regulatory breaches contribute directly to mitigating the broader harms caused by tobacco and vaping.

[Dr Johnson]

My understanding—the Minister may correct me if I am wrong—is that the money from FPNs would go into the relevant Consolidated Fund once the enforcement costs of investigating an issue in the FPN have been deducted by the local weights and measures authority. Were these amendments to come into force, the Government would need to provide the extra money to ensure that the enforcement agencies can still function, because at the moment some of their money is recycled from the FPNs, and that would not be the case.

I understand the hon. Lady’s desire to ensure that the money that comes from FPNs for the sale of tobacco and other relevant products to under-age individuals is used to improve public health, but in practice if the money goes into the Consolidated Fund, the Government can use it for whatever purposes they deem useful for public health. There is therefore nothing to stop them using it entirely for public health, and for this House to decide what it should be spent on, because that is how the Consolidated Fund is spent. In my view, having a separate fund administering the FPNs would add an extra layer of bureaucracy, so I do not support the amendments, although I support the principle behind them of trying to ensure that public health is good, because all parties want that.