Tobacco and Vapes Bill

James MacCleary Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[James MacCleary (Lewes) (LD)]

I am grateful for the opportunity to speak in this debate about a Bill that seeks to change the way in which our society approaches smoking and vaping particularly for future generations.

I have never smoked in my life, and I would not wish my children or anyone else’s to pick up the habit. Smoking is undeniably dangerous, highly addictive, and a significant burden on public health. The Government data is stark: smoking causes 80,000 deaths in England every year and costs the NHS and the economy billions.

At the same time, however, I firmly believe in individual choice. It is not the role of the state to dictate every aspect of a person’s lifestyle. Like alcohol, smoking is harmful. Some Members have made the argument that the justification for banning smoking is that the practice also harms others. I ask those Members why we do not also ban the consumption of alcohol, which places a massive burden on the NHS as well as contributing to violent crime, including—with yesterday’s White Ribbon Day in mind—domestic violence. Should we not also look at gambling, which is also highly addictive and destroys families all over the country? Instead, we educate people and provide support for those who wish to quit. I believe that is the balance that liberalism stands for—freedom with responsibility.

The Bill takes a much-needed step forward on vaping. We know that vaping is increasingly marketed in ways that appeal to children, from brightly coloured packaging to sweet, toy-like flavours. That is unacceptable. The Liberal Democrats have long called for tougher regulation of vapes, and I welcome the provisions to ban advertising, restrict packaging and flavours and enforce age restrictions. These are sensible measures that will protect young people without penalising adults who use vaping as a tool to quit smoking.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman is probably aware of this, but there are a lot of safety issues with vapes and smoking, especially for young people. One of the issues seems to be that it is unknown just yet what effect vapes may have on adults, but even more so on children. For that reason, does the hon. Gentleman agree that further consideration must be given to the safety issues before we can let young people fully use vapes?

[James MacCleary]

The hon. Gentleman makes an important point. Indeed, my hon. Friend the Member for Bath (Wera Hobhouse) has already raised the issue of spiced vapes in a debate in this House. I think there are a lot of safety concerns relating to vaping, and hopefully this Bill can start to address some of those issues. As a party, we earlier supported the Government’s move to ban single-use vapes on environmental grounds. Vaping has a role in smoking cessation, but as the hon. Gentleman has pointed out, it has to be regulated to prevent harm to children.

On smoking, however, the Bill ventures into more contentious territory, in my view. The proposal to ban the sale of tobacco products to anyone born on or after 1 January 2009 is somewhat problematic. While I appreciate the ambition behind creating a smokefree generation, I worry about the long-term implications of this measure. For one, history teaches us that outright bans often lead to unintended consequences. As we have seen with other prohibitions, a black market can emerge, making it harder to regulate the quality and safety of tobacco products. Then there is the question of principle: should the state prevent grown, consenting adults from engaging in legal activities? I believe we must tread carefully when legislating against personal freedoms, even when those freedoms carry risk. A more effective approach would be to invest in public health measures, such as smoking-cessation programmes, early cancer detection and better treatment facilities.

The Bill also grants the Secretary of State sweeping powers to declare any public space smokefree. While I support protecting children in playgrounds, schools and hospitals, these powers go far beyond that, removing the requirement that a space must pose a significant risk of smoke exposure to be designated as smokefree. This raises concerns about potential overreach, which is understandably creating concern in the hospitality and night-time industry sectors. I urge the Government to clarify this issue when the Bill is in Committee.

Smoking rates in this country are already declining, particularly among young people. In 2021, just 1% of school pupils reported smoking regularly, compared with 30% in 1996. That trend is encouraging, suggesting that education and public health initiatives are working, so while I share the Government’s goal of reducing smoking and vaping rates, I believe this Bill goes beyond what is necessary or proportionate. We should focus on supporting people to make better choices, not remove those choices altogether. There is much to welcome and commend in the Bill, and I congratulate the Secretary of State and the Government on bringing it forward. I hope the Government will consider refining their approach in Committee in some of the areas I have raised, balancing public health priorities with the liberal principle of individual freedom.