Tobacco and Vapes Bill

James McMurdock Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I welcome this Bill, and I think the country should welcome it and salute the Government for effectively taking on the Bill—they have polished and finessed some elements—that was introduced by my right hon. Friend the Member for Louth and Horncastle (Victoria Atkins) under the previous Government. The gracious remarks of the Secretary of State in his opening speech will have resonated on the Conservative Benches and been appreciated.

A lot has happened in our country’s relationship with tobacco. I am pretty certain that had we known in the past what we know now about the harms of tobacco for so many thousands of our citizens, both societally and in terms of health, Queen Elizabeth would have probably said to the merchant adventurers, “Thank you very much for bringing it over, but please take it back.” It would not have taken root, but it has done. We have moved through a time when medics were paid by the industry to tell us of the beneficial effects of tobacco—for example, the idea that menthol was good for clearing people’s lungs. As we know, the medical profession has very much changed its tune. Rather like the hon. Member for Bury St Edmunds and Stowmarket (Peter Prinsley), my late father-in-law was an ENT surgeon, and I well remember talking to him about the devastating impacts that he saw on people’s health and the cost that such terrible and avoidable conditions can have, both to the economy and to the health service.

As I mentioned to the Secretary of State, I am no longer asked for proof of ID when I go into shops to buy anything. However, I can well remember that as a young schoolboy —this just goes to show how this country’s relationship with tobacco has changed—the headmaster at my local primary school seemed to be addicted to Piccadilly cigarettes. I do not know whether they are still made, but it was my job every morning—I obviously had a trustworthy face—to trot up Wyndham Crescent, go round the corner into Severn Road, go into Tony’s, the newsagent, and pick up either 20 or 40. I knew it was going to be a bad day if my headmaster needed two packets of 20. It is amazing that a nine-year-old schoolboy could be given cigarettes, but so trusting was Tony, the newsagent, that we did not have to pay. We did that on Fridays, and there was always 10p left over, which would allow me to have a comic, two packets of crisps or a bag of Chewits. When I say this to my children, who are either in or approaching their teenage years, they look at me with glee but also as though I am talking about a different age, which of course I am. What on earth can we buy for 10p these days?

As I said in my intervention on the Secretary of State, I welcome the Bill. I was grateful to him and to the Under-Secretary of State for Health and Social Care, the hon. Member for Gorton and Denton (Andrew Gwynne), for a brief conversation we had today about the Government’s intention not to include within the scope of this Bill—or, indeed, in any future consultation—a prohibition on smoking outside a hospitality venue. I entirely take the Secretary of State’s point that it is not just the rural hospitality sector that would be affected, but a number of publicans in my constituency have said to me that it really would be the death knell for their business if smokers were not allowed to have a cigarette and a pint outside the pub, in the designated smoking area. Their businesses are very marginal, as the Minister knows and as the Secretary of State recognises, so I am grateful to them for that.

The licences that the Bill envisages will be useful for providing a record of who is doing what, where, for the benefit of officialdom in its many guises, but I urge the Government—and local government, if this gets passported down to it—not to see those licences as a cash cow. They should not be a profit centre, and the requirements to secure a licence should not be onerous. The constraints of the Bill are clear. Hon. Members have asked why, if smoking is so bad, we do not just stop sales completely. The Government are not going down that route, so those who are going about a legal business should not be made to feel like criminals or societal pariahs for selling what is still a legal product to those who are legally entitled to purchase it.

I disagree almost fundamentally with the assessment of vaping from the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon). I have three kids at our local high school, and too many of their cohort have got entrapped into vaping, brought in by the colours, the flavours, the smells, the packaging and the novelty factor. I understand entirely the intention for vaping to be a passport away from tobacco, but for too many, it seems to be an entry to smoking, and then moves them on to tobacco. That is entirely not what was envisaged, so I support fundamentally the robust approach that the Bill takes to the vaping sector.

I would be interested to hear the Minister’s response to the concerns raised about smuggling. One can make something illegal, prohibit it or narrow access to it, but that does not necessarily, in the first instance, choke off market demand, and people will seek it. There will clearly have to be some robust empowering of His Majesty’s Revenue and Customs agents and others to ensure that we do not see a burgeoning black market in tobacco products.

On the hon. Member for Newcastle upon Tyne East and Wallsend’s point, I remember hearing a presentation from British American Tobacco, and a point that resonated with me was that there are legal vapes, the ingredients of which we know and are listed, and then there is a huge black market for vapes, principally from China, and nobody knows what the hell is in them. I think an awful lot of parents think that those vapes are just producing steam, and have no idea about their dangerous chemical composition. I think too many teachers and headteachers also thought that, and the learning curve has been steep.

[James McMurdock (South Basildon and East Thurrock) (Reform)]

I have an interesting thought on the supply and demand issue, and the challenges it will pose from a control perspective. The hon. Gentleman paints a nice image of a day gone by when one of the kids could be sent down to the shop to pick up something for an adult, and I ask Members to consider what kind of world and country we want to live in. Do we want to live in a country where we could send one of the kids down to the shop to pick up something for us, or do we want to live in a country where we are forced to police each other’s behaviour in parks? We should think very carefully about the Government’s remit.

[Simon Hoare]

The hon. Gentleman takes me neatly to my closing point. If I understand him correctly, he is making an argument about civil liberties and freedoms. One does not have to be a libertarian to cherish freedom and liberty, as I hope we all do in this House. Libertarianism is the extreme form. It is the difference between liberty regulated and controlled—parametered, if one will—and liberty laissez-faire. It strikes me as rather incongruous for a libertarian to wish to become a lawmaker, because most laws are there to control, prohibit and regulate. It seems masochistic: “I am a free market libertarian, yet I have decided to put myself in the shackles of lawmaking in order to restrict the liberties that I cherish.” The hon. Gentleman makes a serious point, but we have to deal with society as it is, rather than as we might like it to be. Things have changed.

The ultra-libertarian would ask why we force people to wear seatbelts, as people should be free to hurl themselves through their windscreen at speed. Why do we have speed limits? The libertarian would say that we should be absolutely free to drive at whatever speed, irrespective of the conditions. I remember, back at university, hearing an eccentric American—that can sometimes be a tautology—questioning, from the extreme wing of libertarianism, the merits or otherwise of ages of sexual consent.

I suggest that all we do, and our inspiration for doing it, is benign and kindly. Too often, it is interpreted as being paternalistic and patronising, but I like what the Secretary of State said about this approach to lawmaking being in the proud one nation tradition of the Conservative party, because Tories like order, not disorder.