Tobacco and Vapes Bill

Helen Morgan Excerpts
2nd reading
Tuesday 26th November 2024

(4 months, 4 weeks ago)

Commons Chamber
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Helen Morgan Portrait Helen Morgan (North Shropshire) (LD)
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I can confirm that it has been a very long time since anyone has asked me for ID to make a purchase—a moment that is even further into the past than the last time I bought a packet of cigarettes. That experience will inform some of my comments today. I support this legislation, but it will be a free vote for my Liberal Democrat colleagues, and I will use my speech to explain why.

First of all, the Bill is split into two sets of measures: one to deal with smoking and one to deal with vaping. We are 100% supportive of the set of measures dealing with vaping, which is in line with our party policy that was passed at our 2023 conference. I think everyone in this House is united in agreeing that the targeting of nicotine products at young people and children through bright colours and attractive flavours is a shameful practice. Measures need to be taken to prevent that.

I am the mum of a teenager—lucky me—and he reports that some of his friends are unable to concentrate through a 40-minute lesson, because they have been exposed to such high levels of nicotine in the vaping products that they use that they are even more addicted to nicotine than someone who might have taken up smoking many years ago when I was young. We welcome the changes to prevent the targeting of vaping at children, and the recent ban on disposable vapes. We also acknowledge that vaping is an important part of smoking cessation, and legal vaping needs to continue into the future.

The introduction of a phased smoking ban is problematic, and not because Liberal Democrats want to see people smoke themselves into an early grave—far from it—but because it raises issues of practicality and civil liberties, which I will run through on behalf of my colleagues. The first question is, practically, how will this work? My son was born in January 2009. He will be one of the first people to benefit from a smokefree generation, and I sincerely hope that he never takes up smoking, but if his friends who are just a few weeks older choose to take up smoking, they will be able to continue to do that for the rest of their lives. Under this Bill, those future adults will be able to buy tobacco products for themselves but it will be illegal for them to pass them on to others a few weeks younger, such as my son. Problematic enforcement causes some concern and leads us to question why there was not an alternative way, perhaps by setting a very high minimum age to buy cigarettes, so that most people get through the flourish of rebellious youth and do not take up smoking in the first place. The concerns about practicality are legitimate.

The Bill also raises the spectre of an ID card, because those people who choose to start smoking will potentially be forced to carry an ID card or some other form of ID with them for the rest of their lives. That is a concern for the Liberal Democrats, who are strongly opposed to requiring people to carry ID around with them, for various issues of privacy and personal liberty. There is also an ideological point about discriminating between two people because of their age. We are generally opposed to that as a society, but the Bill does that.

The concerns about retailers suffering abuse are also legitimate. They are already suffering from a wave of shoplifting and antisocial behaviour. Some of the abuse directed at them comes from the enforcement of age legislation for things such as alcohol and existing tobacco legislation. We need to be cognisant of the decimation of community policing under the previous Government. We need to be sure that those retailers are fully protected. The Bill creates an extra risk for them.

Finally on the risks, there is a concern for the licensing authorities, which presumably will be local councils, although we do not have the detail on that yet. Lots of local councils are unable to carry out much more than their statutory duties currently, so I would appreciate confirmation that licensing will be fully funded for them, so that they are not put in charge of enforcing something that will be impossible.

I want to touch on what for me is quite an important area: the creation of a black market. Criminal gangs exploit young people in North Shropshire by getting them hooked on cannabis. It is an extremely difficult problem. Young people get into debt to those criminal gangs and are hooked into criminality for life. They see things people should never see and are extremely damaged by that exploitation. I share the concern that progressively banning tobacco products will increase the scope for the black market and the risk to children.

For all those reasons, as some Members may be aware, I abstained on the vote last time the legislation was brought through the House. It would be a legitimate question to ask me why I have changed my mind. I met somebody called Linda Chambers, a Liberal Democrat councillor in Hull, who came along to an event organised by Action on Smoking and Health to encourage Members to support the Bill. Linda was devastated when she lost her husband of 50 years to cardiovascular disease. As with a number of other speakers at the event who also spoke very powerfully about their experiences, her loved one had tried on several occasions to give up smoking but had been unsuccessful. The speakers at the event explained that the nicotine addiction had taken away the personal choice of their loved ones to live the lives they wanted to live. They were not exercising their personal choice any more. For a liberal, that is a very powerful argument. Personal choice is so important, and addiction really does take that away.

As the asthmatic daughter of two smokers who have repeatedly tried and struggled to give up over the years, Members might perhaps have expected me to understand that argument a little bit earlier. Typically, as the daughter of two smokers, I took up smoking myself. I did not smoke very much and did not smoke for very long, but I still occasionally have the odd craving for reasons I cannot explain, especially when I am in a traffic jam. But it is not funny, is it? Tobacco is uniquely harmful and uniquely addictive, and that is why I support the measures we are taking to address that.

Another really important, persuasive and powerful argument I heard in the previous Parliament was when Dame Andrea Leadsom, the responsible Minister at the time, and Chris Whitty took the time to provide a briefing to the Liberal Democrats. One point they highlighted was health inequality. A point that struck me—at the time, I was the co-chair of the all-party parliamentary group on baby loss—was that 21.1% of pregnant women in the most deprived areas of the country are likely to smoke while pregnant, whereas in the least deprived parts of the country only 5.6% are likely to be a smoker. That huge difference correlates to a horrifying differential in the rate of stillbirth. Women who smoke while pregnant are more likely to have a stillbirth, and stillbirth rates in the most deprived areas of the country are 50% higher than in the least deprived areas. If we are serious about tackling health inequality rather than just paying it lip service, we have to take additional measures to tackle those inequalities.

For all the reasons I have outlined, I will support the Bill. However, I retain a few concerns, and I would be grateful if the Minister could address them in his wind up. The powers in the Bill effectively allow the Secretary of State to make any public place or workplace a no-smoking area. That is very far reaching. I would prefer to introduce measures in Committee that would require him to come back to Parliament before extending the areas affected. That would protect the hospitality industry, which, as hon. Members have pointed out, is struggling, particularly in rural areas. I will also point out the obvious, which is that anybody who is currently over 16 could potentially be a smoker for life.

There are many, many people who took up smoking and who want to give up but are unable to. We must reverse the cuts to the public health budget and the smoking cessation budget to enable those people to benefit from stopping smoking. The Conservatives have slashed the public health budget since 2015. We would like the Secretary of State to use the money provided for health in the Budget to address that problem. A quarter of cancer deaths are caused by smoking and 75,000 GP appointments every month are for smoking-related illness. Many women who smoke during pregnancy will continue to smoke for up to another decade.

Despite my concerns, I will support the Bill to ensure that people like Linda do not have to lose their loved ones to an addiction they were unable to end. I urge the Secretary of State to look at measures to deal with the practical considerations we have outlined and to support the current generation of smokers to quit if they want to.

Tobacco and Vapes Bill

Helen Morgan Excerpts
Helen Morgan Portrait Helen Morgan (North Shropshire) (LD)
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I thank the Minister for her opening remarks and add my broad support for the improvements that the Government have made to the Bill. I will restrict my comments mainly to amendments 1 and 2, which have been tabled in my name and the names of my hon. Friends the Members for Winchester (Dr Chambers), for Eastleigh (Liz Jarvis), for Chichester (Jess Brown-Fuller) and for Mid Sussex (Alison Bennett). I will also comment on new clause 1, tabled by my hon. Friend the Member for Bath (Wera Hobhouse), to which I have added my name.

Amendments 1 and 2 would direct the moneys raised from fixed penalty notices to public health initiatives chosen by the relevant local authority. The Liberal Democrats agree with the Secretary of State and the Government that prevention is better than sickness and cure, and that public health initiatives are crucial in making those key shifts in healthcare that we all hope to achieve. The Secretary of State hopes to create a smokefree generation for those born after 1 January 2009, but there will be existing smokers who may well wish to stop, and who may need help from a public health initiative or a smoking cessation programme to do so. The Conservatives cut public health budgets by a quarter since 2015, meaning that fewer people have had help to quit. That is not what anybody hopes to achieve through this legislation or, more broadly, the reforms to the NHS.

Research by University College London showed that in parts of England, smoking rates have begun to rise again, and they have been flatlining as a whole since 2020. Between 2020 and 2024, the rates rose by 10% in southern England and fell by 9.7% in the north. Overall, an estimated 7.5 million adults in England are smokers. UCL concluded that the disparity between north and south reflected the concentration of dedicated tobacco control programmes in northern regions and their positive impact, and their relative absence in the south. As the shadow Minister, the hon. Member for Sleaford and North Hykeham (Dr Johnson), mentioned, there is also evidence of significant black market activity in the United Kingdom. Cessation activities have therefore become even more important to deprive the criminal gangs involved of funds, and to ensure that people are free of their grip. Given the impact of public health initiatives, I sincerely urge the Government to accept Liberal Democrat amendment 1, and consequential amendment 2, which are in line with the Government’s objectives, and would improve health and save taxpayers money in the long run.

Amendment 84, which is also in my name, is very similar to the Opposition’s amendment 85. It would restrict the ability of the Secretary of State to unreasonably designate a place as a smokefree area. If they do not mind me saying so, the Conservatives have been a bit sloppy in drafting their amendment, because they have managed to remove protections in existing law for areas where there is a significant risk of second-hand smoke in smokefree areas. The Liberal Democrats’ amendment 84 has an added safeguard: if the chief scientific officer—that is not easy for me to say—advises that there is a significant risk of second-hand smoke, an area can be designated as smokefree. The amendment also retains mention of the areas that the Secretary of State has indicated that he will designate as smokefree, including NHS premises, schools, educational establishments and children’s playgrounds.

The Secretary of State has indicated that he will not designate other areas as smokefree, particularly if it would have a detrimental impact on our already struggling hospitality industry and much-loved village pubs. We take him at his word on that commitment, but I hope that the Minister can imagine a future in which a different Secretary of State is less inclined to honour a promise made by someone else at the Dispatch Box. It is right and in good order that in that scenario, Parliament should get a vote on the change of heart. I urge the Government to consider this amendment carefully and ensure that the legislation matches the promises made at the Dispatch Box.

New clause 1, which I have also added my name to, would require the Secretary of State to review and report back on the presence of contaminated vapes, and to find ways to reduce their prevalence. My hon. Friend the Member for Bath has campaigned on this issue following findings by the University of Bath that one in six vapes in English schools contained the drug Spice, which can have serious side effects in children, including cardiac arrest. It seems reasonable that the Department of Health and Social Care and the Secretary of State should try to find a way of addressing that issue.

I intend to push amendments 1 and 2 to a vote to ensure that there is additional funding for public health measures. I very much hope that hon. and right hon. Members will support me in this common-sense move to improve public health.

Mary Kelly Foy Portrait Mary Kelly Foy (City of Durham) (Lab)
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I begin by declaring an interest as the co-chair of the all-party parliamentary group on smoking and health. I will speak to my amendments and one or two others.

The Tobacco and Vapes Bill is world-leading health legislation that will create the first smokefree generation, protecting children and young people from the harms of smoking. In the City of Durham alone, some 5,500 children start smoking each year. Most of them will go on to wish that they had never started. This Bill will end that. It will stop the start and ensure that every child has a smokefree future. Recent data from UCL has shown that the rates of smoking are falling fastest in the north-east. This can at least partly be attributed to hard work and amazing regional programmes such as Fresh, which works so hard to tackle inequalities in our region. The same data also shows that progress is not guaranteed; in some areas, smoking rates appear to be increasing. The case for action is clear.

New clause 13, in my name, would put a duty on the Secretary of State to publish a road map to a smokefree country every five years. It was a Labour Government who introduced the first-ever smoking strategy in 1998, “Smoking Kills”. It is 2025, and smoking still kills. This world-leading Bill is to be celebrated for many reasons, but the rising age of sale will not impact the 6 million people who are currently smoking in the UK. Smoking is not spread equally across our society; the most affluent 10% are set to become smokefree this year. However, at the current rate, the most deprived will not achieve that until 2050. It is vital that the Government ensure that no one is left behind as we create a smokefree future. Having a clear plan for achieving that, and targets for reducing smoking not only for the whole population, but for pregnant women, those struggling with their mental health and those in occupations with high rates of smoking, will save lives. Will the Minister meet the all-party parliamentary group following the publication of our report to discuss how we can turbocharge reductions in smoking and create the smokefree generation?

New clause 19, tabled by the Conservatives, would require the Secretary of State to publish reports on the illicit market. Let us be clear that His Majesty’s Revenue and Customs already publishes annual data with a detailed analysis of the illicit market, so it is difficult to see what the Department of Health and Social Care could do in addition. There are no additional data sources available that would yield any different results.

Finally, amendments 82 and 83 would remove the exemption for performers. Since 2007, it has been against the law to smoke inside. However, that does not apply to actors smoking in performances for artistic reasons. There is a play on in London’s west end that tells the story of the American oil lobbyist and master strategist Don Pearlman. Don Pearlman was a heavy smoker who died from complications arising from lung cancer. The actor playing the lead role smokes on stage. The exemption should be removed, because actors deserve to have their health protected at work as much as everyone else. Audiences and other actors also deserve to be protected from second-hand smoke. Performances at the National Theatre already require that smoking in performances be substituted for vaping or other alternatives. There is no reason why all performances should not follow suit.

Amendments 85 and 86 deal with smokefree extensions. I know that there will be further consultation and debate on the regulations creating extensions to smokefree places and vape-free areas, but can the Minister confirm that there will be exemptions if it is shown that the use of vapes in certain settings aids smoking cessation efforts? I am thinking of, for example, mental health settings. The Mental Health and Smoking Partnership has pointed out that vapes are a valuable tool in such settings to help patients quit. Will the Minister undertake to visit a mental health trust to hear directly about people’s experiences? It is vital that we all work with trusts to provide clear guidance on how to navigate these changes. Particular attention must be paid to how the policies in the Bill, and those that will come into effect after it, such as the disposable vapes ban in June, will interact with each other.

Today’s funding announcement is welcome, but we have gone down to the wire, given that the funding was due to end at the end of this month. Can we be reassured that, following the spending review, services can expect consistent, long-term funding that will allow them to plan their activities and hire staff on longer contracts?

The Bill presents us with a historic opportunity to transform public health in this country, and, after working tirelessly on it for more than a decade, I am proud to support it. However, we must remain vigilant to ensure that no one is left behind. All aspects of the Bill, from the smoking cessation measures to protections for workers in the arts, must be fully realised if we are to create a truly smokefree generation.