Tobacco and Vapes Bill

Kirsten Oswald Excerpts

2nd reading
Tuesday 16th April 2024 Commons Chamber

[Elizabeth Truss (South West Norfolk) (Con)]

Thank you, Mr Deputy Speaker.

I am not speaking in this debate because I love smoking, although I have voted against every single smoking prohibition since I have been a Member of Parliament. I am speaking today because I am very concerned that the policy that has been put forward is emblematic of a technocratic establishment in this county that wants to limit people’s freedom. That is a problem.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Will the right hon. Lady give way?

[Elizabeth Truss]

I will not give way to the hon. Lady—[Hon. Members: “Oh.”] I will not give way. I will give exactly as much opportunity as the Opposition gave me to talk about my private Member’s Bill, which I shall come on to later.

The problem is that the instinct of this establishment, which is reflected in cross-party consensus in the Chamber, is to believe that it—that the Government—is better at making decisions for people than people themselves. I absolutely agree that that is true for the under-18s. It is very important that we protect people while they are growing up until they have decision-making capability. However, I think the whole idea that we can protect adults from themselves is hugely problematic and effectively infantilises people. That is what has been going on. We are seeing, not just on tobacco but on sugar, alcohol and meat, a group of people who want to push an agenda which is about limiting personal freedom. I think that that is fundamentally wrong.

I go out canvassing a lot in my Norfolk constituency. People raise all kinds of issues with me on the doorstep. They are concerned about immigration. They are concerned about the cost of energy. They are concerned about the rise of China. They want to support Ukraine. Not a single voter has ever said to me, “My big concern is adults smoking.” This proposal has not come from people—our constituents—talking to us. It has come from a group of people who, by and large, work in a professional capacity pushing these policies. When my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) was Secretary of State for Health and Social Care, this proposal was sitting on her desk, so it is not new. I am pleased to say that she put it in the bin, but unfortunately since then it seems to have been pulled out of the bin and resuscitated. My real fear is that this is not the final stage that the health police want to push.

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[Kirsten Oswald (East Renfrewshire) (SNP)]

I am pleased to speak here today in favour of the Bill, part 2 of which specifically relates to Scotland, because smoking is the leading cause of preventable death in both Scotland and the UK. We know that, so we are surely duty bound to act and prevent harms. To be clear from the outset, I want us to help people to stop smoking. Smoking cessation, as well as preventing future harm, requires our action.

Dr Ian Walker, executive director of policy at Cancer Research UK, has correctly pointed out that nothing will have a bigger impact on reducing the number of preventable deaths in the UK then ending smoking. I will not go into detail about the terrible reality of the health impacts of smoking. We have heard about them already today, particularly powerfully from those who have worked directly in the medical environment. We have seen significant successes where we have acted on smoking in the past. I remember when the ban on smoking in indoor public spaces came into effect in Scotland, a first in the UK. It was a bit controversial, but not for long. It has undoubtedly hugely improved our environment and, importantly, our health outcomes. We have seen an important decrease in the numbers of smokers, but let us be real—there are still far too many lives being destroyed by smoking.

I am very glad that Scotland has been in front of the curve on these issues, whether that be with the indoor ban, the overhaul of tobacco sale and display, the ambitious goal of a smoke-free Scotland by 2034 or an issue that I have often spoken about here, the consultation on disposable vapes. The direction of travel is welcome. The SNP welcomes the collaborative step towards creating a smoke-free generation. It is not just us—the public are looking for action too. Action on Smoking and Health tells us that the largest poll of public opinion conducted to date—over 13,000 adults were polled—found 69% in support, including over half of all current smokers.

I watched with some despair—a little bit like I watched some of the proceedings in the House today—media interviews this morning where the right hon. Member for South West Norfolk (Elizabeth Truss) said some of the things she repeated here in the Chamber. She said:

“I don’t know why this legislation is being brought forward”.

I would have thought that was pretty obvious really, but let me help her with that: it is to stop people dying. She then said, as she has again during the debate, that this is “unconservative” legislation. To be fair, I know absolutely nothing about being a Conservative and I am very much OK with that, but what a bizarre statement. Surely regardless of our varying political views, we can look at the health impacts of smoking and say they is not the future we want, and not the damage, harm and heartbreak we want for future generations.

Let us be clear that any arguments put forward about personal choice or personal freedom make no sense at all when we are talking about children and a highly addictive substance. Smoking is not a free choice; it is an addiction. Nicotine is a horribly addictive substance. That is why this is a positive and necessary move, and one widely welcomed, including by Asthma and Lung UK. That organisation points to the significant harm to future generations if we do not act now, and highlights the enormous cost to the NHS if we do not take this preventative action when we have the opportunity to do so.

Scottish Government Public Health Minister Jenni Minto MSP has welcomed the Bill, pointing out that Scotland has been a world leader on a range of tobacco control measures. While there has been a steady reduction in the proportion of people smoking, we know it still damages lives and kills more than 8,000 people a year in Scotland. If we do not act, we know perfectly well what the impact of that inaction will be.

We also know that smoking causes and exacerbates health inequalities, which is exactly why we need to have a tobacco-free Scotland. Indeed, Mark Rowland, chief executive of the Mental Health Foundation, points out:

“Smoking harms disproportionally affect those with poor mental health and stopping smoking has been shown to be as effective as anti-depressants. The Tobacco and Vapes Bill is a once in a generation opportunity to prevent the known mental and physical harms that smoking causes and regulate commercial interests from undermining the health of future generations.”

Asthma and Lung UK notes that the harms of tobacco are not equally distributed. In fact, smoking is responsible for half of the difference in life expectancy between the richest and poorest in society. That generational nature of tobacco addiction means that children born today to parents who smoke are four times as likely to take up smoking themselves and to find it harder to quit. So the impact of smoking in terms of generational inequality and harm is clear and known, and we should aim to change that.

I am grateful to Asthma and Lung UK, and to the many other groups that sent me briefing materials. The breadth and range of organisations, including many medical and health groups, that have been in touch to urge me to support improvements in health and to stop future generations becoming addicted to tobacco, is very interesting and speaks to the wide spectrum of those determined to stop this harm, including, as we have heard, a majority of the public and retailers.

I would like to spend a little time talking about vapes, particularly disposable vapes. To nobody’s surprise, I am going to be positive in my support for any and all measures to arrest the tidal wave of children vaping, which should absolutely chill us all. The health impacts on children are terrifying, and that is only the ones we know about. My view is very firmly that all disposable vapes should be banned now, immediately. We should deal with the utmost urgency with the significant harms these devices are causing to our environment and to eye-watering numbers of children. Which of us can seriously say they are confident it is not their children? Members are deluding themselves if they believe that is the case.

[Dr Caroline Johnson]

As the hon. Lady knows, as we worked on this subject together, I brought forward a ten-minute rule Bill to ban disposable vapes last year. The measures in that Bill do not form part of the legislation today, because this is health legislation, but the banning of disposable vapes forms part of a statutory instrument that has been brought forward as environmental legislation. Does she welcome that?

[Kirsten Oswald]

I am grateful for the hon. Lady’s intervention. As she knows, it is important for us to look at disposable vapes in the round, including their devastating environmental effects as well as the terrible impacts they have on the health of our young people. Whichever angle we look from, these are devices of which we have no need and that we should get rid of as soon as possible, before they cause any more harm.

[Alison Thewliss (Glasgow Central) (SNP)]

The proliferation of vapes has happened almost overnight. Does my hon. Friend share the concerns of my constituent, who runs a newsagent and tobacconist, that he is holding the fort on legislation about the sale of tobacco, yet vapes are not subject to the same controls? He may refuse somebody because he does not think they are of age to buy a vape, but he finds they just go down the street to purchase it at another shop that does not have the controls and responsibilities that he has as a tobacco salesperson.

[Kirsten Oswald]

I am grateful to my hon. Friend for making that important point. I can understand the concerns of her constituent; these devices are far too accessible and far too easily available. They are in all of our schools and on all of our high streets. We need to open our eyes to the damage that is being done. ASH Scotland does great work in that regard. It tells us that, in Scotland, data from the health behaviour in school-aged children survey showed that current e-cigarette use—that means those who have used them in the last 30 days—among 15-year-olds increased from 7% in 2018, which I would have thought was scary enough, to a horrifying 25% in 2022. Obviously we are a bit beyond that now, so I wonder exactly what the figure is, but we have heard enough in the Chamber today to know that, whatever that current figure is, it should cause us grave concern.

These products are designed to be attractive. They are undoubtedly attractive—we have all seen them. They are disposable, so young people can chuck them before their parents find out, they are pocket-money prices, and they are appealing—green gummy bear flavour, anyone? In fact, the green gummy bear flavoured one is on sale for £1.50, which is a disgrace. Vapes should not be accessible in that way, and should certainly not be sold at £1.50. They could not be designed any more obviously to attract young people. Very often, we are talking about children who have never smoked, but who are now getting hooked on these vapes and getting hooked on nicotine. There is also the worry about the unknown harms that vapes cause to their bodies and their health. The sooner that we can change all of that the better.

I also have a personal gripe: vapes being advertised via sports. There is no reason for that—no justification at all. Yes, I am looking at Blackburn Rovers among others. When I raised the matter previously, Blackburn Rovers, based in the vaping capital of the UK, said:

“At no point during our long-standing relationship has the idea that the Totally Wicked brand might appeal disproportionately to children been raised, and we have seen no evidence to suggest that our sponsorship has encouraged an uptake of vaping among children.”

Well, I am raising it, and raising it again. I urge all sports clubs—because there are others—to have serious thought on this. We want to see our sporting heroes as positive influences on our young people and their health and wellbeing.

To be clear, I support measures to help people stop smoking. It is hard to do and all help is welcome, but that help does not come in the form of candy-coloured, candy-flavoured, pocket money-priced disposable vapes. Let us deal seriously with smoking cessation. Let us deal seriously with the terrible harms caused to our young people by disposable vapes, and let us have the backbone to take the chance now to stop smoking killing so many of our loved ones.

I wish to end by reflecting on the words of William Roberts, chief executive of the Royal Society For Public Health, who said:

“Smoking continues to cut lives short, killing up to two in three long-term users, and placing significant strain on an already overstretched health and social care system. Protecting future generations from the dangers of tobacco is vital if we want to build a healthier future. It is vital that the Bill passes and MPs of all political stripes put prevention at the heart of public policy when it comes to protecting our health.”

I sincerely hope that we do.

[Several hon. Members rose—]

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[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I rise in support of the Government’s Bill. One of the first speakers this afternoon was my hon. Friend the Member for Bosworth (Dr Evans), who talked about his first job in respiratory medicine. My first job as a doctor was in adult respiratory medicine, too, and I spent a lot of time looking after patients with chronic obstructive pulmonary disease, intermittent claudication and lung cancer, and that taught me that smoking causes not just premature death, but substantial, debilitating, miserable disability that can go on for many years. I therefore support the Government in doing all they can to reduce the number of smokers.

Some people have talked today about the freedom for an adult to choose to do what they want, but we already make changes to what adults can do. We already restrict their freedoms. For example, we tell adults that they must put a seatbelt on when they get in the car. They must wear a helmet when they ride a motorcycle. They cannot drink alcohol before they get in a car, and they cannot drive down the motorway at 150 mph. So we already make restrictions for people’s safety on that basis.

I do think that gradually increasing the age is inelegant, as my hon. Friend the Member for Winchester (Steve Brine), the Chair of the Health and Social Care Committee, put it, and will be challenging to enforce. But the alternative—to ban smoking outright—would be difficult, because it is an addictive substance. If we banned an addictive substance overnight, we would criminalise those already addicted. By doing it in advance and gradually increasing the age, we will instead not criminalise people for being addicted, because they will not get addicted in the first place, at least in principle.

I want to focus most of my remarks on vaping. I have been campaigning on vaping for some time, because I am concerned about the snowballing number of children who are addicted to it. Indeed, last year I introduced a ten-minute rule Bill to try to ban disposable vapes, which have been the most attractive vapes to children and cause the most environmental damage. At the time, 1.3 million vapes a week were being used—it is now up to 5 million. They are almost impossible to recycle in practice because the lithium batteries are difficult to recycle, and the nicotine gets soaked into the plastic, which makes that difficult to recycle as well.

I understand the need for adults to have something to help them stop smoking, but vapes are not just a stop-smoking device; we should look at them as an alternative addiction. Earlier in my campaigning, when I spoke to the industry, I said, “What is it with all these flavours?” I was told, “Well, the thing is, if someone tries to stop smoking using nicotine gum, they use the nicotine gum—or something—as a stop-smoking device. So they go from smoking, to gum, to nothing. If we give them vapes that taste of tobacco or are bland, they go from smoking, to vaping, to nothing. If we give them cherry cola-flavoured vapes, they go from smoking, to vaping cherry cola, to vaping mango and to vaping blueberry. They remain one of our customers and continue to use our product.” The industry is trying to create a new generation of addicts to make itself billions of pounds.

I can understand why the industry wants to make the money, but the way it is doing so is, in my view, immoral. In particular, its marketing of these things at children is immoral. A grown-up may wish to have a cherry cola-flavoured vape, but he or she does not need to have a unicorn milkshake-flavoured cherry vape shaped like SpongeBob SquarePants. That is why the flavours are important, and I welcome the Government’s measures to deal with flavours, colours, shapes and packaging.

What are the risks of vaping? As others have said, education is really important on that. For our children, in the short term, its powerful addiction causes problems with concentration, with some having to leave lessons because they cannot cope until the end of a double lesson without vaping. In some cases, as we have heard, it causes chest symptoms and can cause collapse. In the long term, the simple answer is that we just do not know.

A recent University College London study showed that DNA methylation—modification of DNA—occurs in people who vape. Does that show that vaping causes cancer? No, it does not. Time will tell us that, but it suggests at least that it might. That is why we must be extremely careful with our children. Adolescents will always experiment with substances because it is in the nature of adolescence to experiment with boundaries, but we need to ensure that we take as much care of them as we possibly can.

In particular, I welcome clause 10, which will allow the provisions to be extended to other nicotine products. The industry is making billions of pounds, and it will continue trying to flex to try to keep people addicted to nicotine. We can see that today. A search on the internet shows that Tesco is selling 20 nicotine pouches for £6.50. Those tiny pouches of up to 12 mg of nicotine—about 10 cigarettes-worth—are placed under a person’s gums and will release those 10 cigarettes of nicotine over an hour. They are sold in flavours called “Ice Cool”, Bergamot Wildberry”, “Mocha” and “Elderflower”. Does the House see a pattern here? That will be the next thing, and that is why I welcome the clause, which will allow the Government to reflect, if they want, on new forms of nicotine use.

I have some questions for the Minister. The Health Act 2006 prevents smoking in enclosed public spaces, on public transport and in certain other areas. Why has that not been extended to vaping? Also, as I was walking through Westminster the other day, I saw a big red Transport for London bus advertising vaping—something I have written to Sadiq Khan about. I wonder whether the Government plan to extend vaping regulations not just to what the package looks like but to the advertising itself.

[Kirsten Oswald]

Will the hon. Lady give way?

[Dr Johnson]

I will not, because I have only a minute left.

The hon. Member for York Central (Rachael Maskell) mentioned the advertising at Blackburn Rovers; again, sports advertising while children are watching is not helpful.

I have a final question for the Minister. Given that this is urgent, we are seeing so many children starting vaping and we want to stop people smoking as soon as possible, why are we waiting to bring in the regulations? Why not bring them in to affect children more quickly?

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[Dame Andrea Leadsom]

I am grateful to my right hon. Friend for raising those really important points. As I will come on to, we will be putting £30 million of new money each year into trading standards and our enforcement agencies to clamp down on enforcement, and we are making it illegal to sell cigarettes to anybody turning 15 this year. He asks why. It is precisely because we are trying to bring in the Bill with a decent amount of notice so that people can prepare for it, precisely to protect retailers and allow all the sectors that will be impacted to be able to prepare.

I come back to the area where I am seriously on the warpath: targeting kids who might become addicted to nicotine vapes. I went to Hackney to visit some retail shops, where I saw the vape counters right next to the sweet counters. I saw that it is absolutely not about me—it is not about trying to stop me smoking. It is about trying to get children addicted through cynical, despicable methods. Sadly, for too many kids, vapes are already an incredible marketing success. One in five children aged between 11 and 17 have now used a vape, and the number has trebled in the last three years.

[Kirsten Oswald]

I am grateful to the Minister for giving way as she ploughs through all of this. I wonder whether she can share her views on the advertising of vape products on sports kits and via sports facilities.

[Dame Andrea Leadsom]

The hon. Lady is aware that there is already very restrictive advertising for smoking and vaping. We are very concerned that some advertising is breaching advertising standards regulations, and I will write to retailers specifically about that.

Parents and teachers are incredibly worried about the effect that vapes are having on developing lungs and brains. The truth is that we do not yet know what the long-term impact will be on children who vape. Since I was appointed, I have done everything I can to ensure that this Bill will protect our children. The Government’s position is clear: vaping is less harmful than smoking, but if you don’t smoke, don’t vape—and children should never vape.

We will definitely make sure that people who smoke today continue to have access to vapes as a quit aid, which will absolutely not change, but we cannot replace one generation that is hooked on nicotine in cigarettes with another that is hooked on nicotine in vapes. That is why we are using this Bill to take powers to restrict flavours and packaging, and to change how vapes are displayed in shops. To reassure the Chair of the Health and Social Care Committee and my right hon. Friend the Member for Rossendale and Darwen (Sir Jake Berry), we plan to consult on that before the end of the Parliament, if practicable. The disposable vapes ban will likely take effect in April 2025—those regulations have already been published.

These are common-sense proposals that strike the right balance between helping retailers to prepare, giving sufficient notice and protecting children from getting hooked on nicotine, while at the same time supporting current smokers to quit by switching to vapes as a less harmful quit aid, supported by £138 million a year. Our approach is realistic for those who smoke now and resolute in protecting children. I am convinced that, just like banning smoking in indoor public places and raising the age of sale to 18, these measures will seem commonsensical to all of us in 10 years’ time. In decades to come, our great-grandchildren will look back and think: why on earth did they not do it sooner? I urge all right hon. and hon. Members to vote for this Bill as the biggest public intervention in history. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.