Tobacco and Vapes Bill

Helen Morgan Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Helen Morgan (North Shropshire) (LD)]

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 (City of Durham) (Lab)]

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.