Environmental Protection

Debate between Caroline Johnson and Mary Creagh

Wednesday 13th November 2024 Commons Chamber

[Mary Creagh]

I thank the hon. Gentleman for that intervention. A lot of public services have been run down over the past 14 years. In the Budget, there was an investment of £75 million in border security command to crack down on organised crime. Gangs often operate in multiple sectors of the economy. We need time for this new approach to intelligence gathering and sharing to bed in.

[Dr Caroline Johnson]

Will the Minister give way?

[Mary Creagh]

Can I make some progress? I am just conscious of time. I am very happy to take interventions towards the end, because I might have answered any questions in advance.

Single-use vapes are one form of illicit vapes. The Government are planning to introduce other pieces of vape legislation under the Tobacco and Vapes Bill, as well as the vaping product duty, as part of a cross-Government approach, so we will look at these things in future and focus on intelligence sharing between Border Force, His Majesty’s Revenue and Customs and trading standards.

Enforcement is critical to effectiveness. We will work closely with the DHSC and the relevant enforcement bodies, but I do take on board what the hon. Member for Christchurch said about size and number of vapes. I picked up an illegal vape on the street outside my home. It was rechargeable but not refillable, and had too many puffs in it to be legal. For those of us who are not vapers, it is a whole world of complexity. I am certainly on a steep learning curve.

The legislation has been drafted to address fears that manufacturers could circumvent the ban, for example by adding a USB port to the end of a single-use device and calling it reusable, but a manufacturer who adheres to these regulations will have produced a reusable vape. That requires batteries that can be recharged, a tank that can be refilled or pods that can be replaced, and a coil—the part of the vape that burns out with use—that can also be replaced. In that respect, we are going further than other countries such as France and Belgium.

My hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) expressed concern about the health impacts. We know that tobacco is a harmful product and is responsible for one in four of all cancer deaths, killing up to two thirds of its long-term users. The Government are creating the first smokefree generation, so that children turning 15 this year, or younger, can never be legally sold tobacco, while not preventing anyone who currently smokes legally from being able to do so. The ban applies not to all vapes, but just to those that harm the environment. There will still be easy-to-use products on the market to help adults stop smoking. The hon. Member for Christchurch mentioned 29% of users reverting to smoking following the ban, but it is incorrect to suggest that it will cause a surge in smoking rates. As stated in the assessment, we expect most single-use vape users to stop smoking or to switch to reusable vapes or non-vape products, including nicotine replacement therapies such as nicotine patches and gum.

The Tobacco and Vapes Bill, recently introduced by the Government, takes strong action to strengthen enforcement on illegal vapes, including new fixed-penalty notices and new licensing and registration powers, which will act as a deterrent and empower trading standards to act more quickly against illegitimate producers and retailers. In the first instance, a £200 fixed penalty notice will be issued, and alongside that a stop notice may be issued ordering the business or individual to cease the illegal activity. If it is not complied with, an individual will be guilty of an offence and liable for an unlimited fine, or imprisonment of up to six months. The Budget provides for a £70 million investment in local authority-led stop smoking services, so I hope that the Swap to Stop scheme will continue to help adult smokers to ditch their cigarettes for a free vape starter kit.

[Dr Johnson]

The impact assessment has been referred to repeatedly during the debate. I understand that it refers to this piece of legislation only, and not to the wider impact of other measures that the Government have proposed, or that have not completed their parliamentary process. Is that correct? Will an assessment of the effects not need to be done in the round, rather than applying to a specific piece of legislation that is only part of a wider plan to tackle youth vaping?

[Mary Creagh]

My understanding is that the assessment relates to this piece of legislation—I see my officials nodding vigorously in the Box—but if there are any further questions that the hon. Lady would like to ask me following the debate, I shall be only too happy to respond to her in person.

I hope that I have covered most of the comments and questions from colleagues. We are banning a product that is designed almost as a toy, a pocket-money product at pocket-money prices that is intended to appeal to those under 18. This legislation is needed to stop the continued misuse of critical resources and harm to our environment, as well as to support wider measures across government to tackle the increase in youth vaping, and is widely backed by the vast majority of the public and our stakeholders.

I trust that Members understand and accept the need for the regulations, and I commend them to the House.

Question put and agreed to.

Resolved,

That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.

Business of the House (Today)

Ordered,

That, at this day’s sitting, notwithstanding the provisions of Standing Order No. 16(1) (Proceedings under an Act or on European Union documents), proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Export and Investment Guarantees shall be brought to a conclusion not later than 90 minutes after the commencement of proceedings on the Motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those Motions; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Lucy Powell.)