Tobacco and Vapes Bill

Joshua Reynolds Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Ashley Dalton]

I would like to start by thanking all right hon. and hon. Members for their invaluable contributions during the passage of the Bill to date, and in particular, members of the Public Bill Committee for providing insight, scrutiny and debate. I am honoured to have taken on responsibility for this Bill. It is a watershed piece of legislation and the most significant public health intervention since the ban on smoking in public places in 2007. It will establish a smokefree generation by gradually ending the sale of tobacco products across the UK so that a child turning 16 this year will never be able to be legally sold tobacco, saving countless lives in the process. It will strengthen existing powers to reduce the harms of second-hand smoke in public spaces. In keeping with our manifesto commitment to the British people, it will outlaw the manipulative promotion of vapes to children to protect the next generation from becoming hooked on nicotine. Finally, it will implement robust measures to strengthen enforcement activity.

I do not need to tell anyone in this Chamber that tobacco kills—we all know that. What hon. Members may not know is just how much it kills, the rate at which it kills, and the devastation it causes for individuals, families and communities across the country. Let me remind hon. Members that tobacco kills more people than any other preventable cause of death. Around 80,000 people in the UK lose their lives to tobacco every year. It robs an average of 10 years off the life expectancy of smokers. It substantially increases the risk of many major health conditions throughout people’s lives, such as stroke, diabetes, heart disease, stillbirth, dementia and asthma. This daily tragedy continues unabated, with someone being admitted to hospital because of smoking almost every minute, day in, day out, with no end in sight.

Tobacco harms are not felt equally either. Our most disadvantaged communities suffer most, with 230,000 households living in smoking-induced poverty. In Blackpool, 17.5% of pregnant women still smoke at the time of delivery compared with 2.8% in Kensington and Chelsea. Over a quarter of people with a long-term mental health condition smoke.

Beyond the immeasurable cost to lives in the UK, the staggering economic impact of tobacco on our NHS cannot be ignored. The treatment of smoking-related diseases consumes approximately £3 billion a year of vital NHS and social care resources. The cost of smoking to our economy is even greater: £18 billion is lost in productivity every year, far outweighing the tax receipts it brings in of around £9 billion. The Bill is a vital step to break the devastating cycle of tobacco addiction and safeguard future generations from a lifetime of ill health.

But the world moves forward, and we cannot ignore the alarming rise of youth vaping. While vaping is less harmful than smoking and can be an effective quit aid for adult smokers, children should never vape. However, in the past five years, youth vaping has more than doubled. One in four 11 to 15-year-olds tried vaping in 2023, and that is no accident. It is in part due to the deliberate branding and advertisement of vapes to our children, with brightly coloured packaging and enticing sweet-like flavours—a calculated strategy to hook young people on nicotine. We cannot afford to wait to act.

I turn to the Government amendments, which seek to strengthen the Bill and ensure greater clarity. As we create the first smokefree generation and strengthen age restrictions on vapes and nicotine products, we want to support retailers in taking appropriate steps to ensure they do not sell to customers under the age of sale. New clause 11 and Government amendments 47 to 49, 51 to 53, 61, 63, 65 to 67, 69 to 71, 75, 77, 79 and 81 are a package of amendments and consequential amendments to the Bill. They seek to remove potential ambiguity for retailers regarding the use of digital identity for verifying the age of prospective customers when selling tobacco, vaping and nicotine products.

In Committee, Members raised concerns that the list of identity documents to satisfy the defence for a person charged with selling products to someone under the age of sale was limited, and queried the inclusion of other forms of physical and digital identity. These amendments remove the lists of physical ID from the Bill and instead provide powers for the Secretary of State and the Department of Health in Northern Ireland to specify in regulations the steps that may be taken to verify a customer’s age to meet the requirements for the defence. This revised approach better future-proofs the defence against developments in identification processes and provides the potential to recognise digital ID, as well as physical ID, in the context of the defence, supporting the widespread use of digital ID.

The amendments provide the opportunity for effective interaction with part 2 of the Data (Use and Access) Bill that is currently going through Parliament, which includes provisions relating to digital verification services. Digital verification services provide an opportunity to securely verify age for in-person and online sales. We will continue to work closely with the Department for Science, Innovation and Technology and other Departments when developing the regulations.

New clause 11 provides a similar power for Scottish Ministers to prescribe in regulations the steps that should be taken to establish a customer’s age as a defence to an age of sale offence. That will enable Scottish Ministers to respond to changes in technology and consumer behaviours, which may move away from the presentation of a physical document.

The last Labour Government took bold action to prohibit displays of tobacco products to protect children and young people from being enticed into addiction and to create a more supportive environment for adults seeking to quit. The Bill goes further and gives powers to limit the display of a wider range of products, including herbal smoking products, cigarette papers, vapes and nicotine products. Government amendments 56, 57, 60, 62, 74, 76, 78 and 80 will alter the powers in the Bill for England, Wales and Northern Ireland that regulate displays of products and their prices, so that they also cover tobacco-related devices. As was discussed in Committee, pipes, heated tobacco devices and bongs are currently displayed in shops and can have the effect of promoting tobacco usage. The amendments will ensure that we can make regulations to stop products that facilitate the consumption of tobacco being openly displayed by retailers.

The Bill bans the sale of vapes, nicotine products and cigarette papers from vending machines in England, Wales and Northern Ireland and restates the existing ban on tobacco vending machines. We know that vending machines are used to bypass age of sale restrictions and to undertake proxy purchases on behalf of people under the age of sale. Government amendments 50, 54, 55, 64, 68, 72 and 73 are clarifying amendments that make the scope of the prohibition on vending machines absolutely clear, as was discussed in Committee. The Government’s position is that the Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010 already apply where a customer has a coupon, receipt or token purchased elsewhere that can be redeemed at a machine. We are amending the clauses so that all machines that dispense products in connection with a sale are clearly captured by the ban.

The Bill strengthens the enforcement regime to support law-abiding retailers while taking action against those who break the rules. Along with introducing new fixed penalty notices and new powers to create a licensing system, the Bill re-enacts provisions on restricted premises orders and restricted sale orders. Those are existing measures that local authority trading standards in England and Wales can use when dealing with a retailer that persistently breaches restrictions. That ensures there is a range of tools in the enforcement armoury, so that trading standards officers can act quickly and effectively against rogue retailers.

Government amendments 58 and 59 clarify a point raised in Committee by removing a duplicative and unnecessary provision that would prevent a business or individual from operating a vending machine for the sale of tobacco, vaping or nicotine products following the issuing of a restricted premises order or a restricted sale order. Given that the Bill already prohibits the use of vending machines for tobacco, vaping or nicotine products, there is no need for restricted premises orders and restricted sale orders to expressly prohibit the use of vending machines. Together, the Government amendments will improve the implementation and enforceability of measures in the Bill to ensure the most effective protection for the public, and I commend them to the House.

Turning to the other amendments in the group, I thank hon. Members for their scrutiny of the Bill so far. When I wind up, I will try to cover the key themes that are touched on. On the amendment that seeks to undermine the smokefree generation, I am sure we will hear arguments from some hon. Members who have been listening to the tobacco industry’s arguments and myths about how people should be free to make their own choices. I would say to them that smoking kills two thirds of its users. Three quarters of people wish they had never started smoking, and the majority want to quit—that is not freedom of choice. The tobacco industry took away that choice with addiction, usually at a young age.

On smokefree places, we have been clear: in England, we intend to consult on extending smokefree outdoor places to outside schools, children’s playgrounds and hospitals, but not to outdoor hospitality settings at this time. No smoker wants to harm people, but with second-hand smoke, they do. If people can smell smoke, they are inhaling it. This is particularly important for children, pregnant women and people with pre-existing health conditions such as asthma or heart disease. The only way to stop this harm is to stop people smoking around others. While I understand hon. Members’ proposals to list specific places in the Bill or to add additional limits to the use of the powers, it is right that we consult on the detail before making regulations and have the necessary powers to protect children and vulnerable people from the harms of second-hand smoking.

I am grateful to the co-chairs of the all-party parliamentary group on smoking and health, my hon. Friend the Member for City of Durham (Mary Kelly Foy) and the hon. Member for Harrow East (Bob Blackman), for their long-standing support for the Bill. Through their amendments, they highlight the importance of retaining a focus on support for current smokers. That is why we are investing an extra £70 million for local stop smoking services this year and working to ensure that all NHS hospitals offer opt-out smoking cessation services into routine care. I hope they will be pleased that we have been able to confirm the extension of the swap to stop scheme for the coming year, with up to £90 million of funding to provide free vape starter kits for smokers to use as quit aids.

On the group of amendments relating to vape advertising, we realise that products being deliberately marketed at children is unacceptable, which is why we have included a commitment to stop vapes being branded and advertised to children. The Government are also investing £10 million of new funding for the coming year for National Trading Standards to tackle underage illicit tobacco and vapes and to boost the trading standards workforce by recruiting 80 new apprentices, providing additional boots on the ground.

[Mr Joshua Reynolds (Maidenhead) (LD)]

Trading standards are really important and obviously, therefore, so are fixed penalty notices, so will the Minister support amendment 1, which would mean that any fixed penalty notice sums will be retained by local authorities to spend on public health, thus saving the NHS money, as she mentioned earlier?

[Ashley Dalton]

As the hon. Member will know, there are already measures in the Bill that allow some of the fines to be retained—they can certainly be retained to make it cost-neutral for local authorities—but I am sure we will explore that issue later on.

The Bill contains regulation-making powers on a range of aspects of product requirements that already allow us to do many things that hon. Members seek to achieve, but I look forward to listening to the contributions to today’s debate on the wider list of amendments and to responding to the points that are made.