Tobacco and Vapes Bill (Fifth sitting)

Debate between Kirsten Oswald and Caroline Johnson

Committee stage
Thursday 9th May 2024 Public Bill Committees

[Kirsten Oswald]

Is the hon. Lady reflecting, as I am, on the comments that we heard in evidence about the link between professional footballers and some of these products? There is an obvious interest and attraction in these kinds of products for the very young people we are concerned might take up vaping.

[Dr Johnson]

Yes. Sportspeople, as we know, are very influential on young people. To promote products that are potentially harmful to children is morally wrong, in my view. They need to be careful to think about the effects that they may be having on children.

My question to the Minister is whether she will consider extending clause 7 outright to include nicotine products for children. We need to support children who are smokers or vapers and wish to quit, but those children can get nicotine replacement products from their GP on prescription. There is no need for those products to be sold to children.

Tobacco and Vapes Bill (Second sitting)

Debate between Kirsten Oswald and Caroline Johnson

Committee stage
Tuesday 30th April 2024 Public Bill Committees

[Kirsten Oswald (East Renfrewshire) (SNP)]

Q We heard in an evidence session earlier about the challenges in schools, with children vaping in increasing numbers. There is an impact on their education because of their becoming addicted, and that causes challenges in their interactions with the learning process. Do you think that the measures in the Bill are sufficient to deal with that growing problem? Do you have a view on whether we have a handle on the quantum of that problem, and are the measures on advertising sufficient to try to remedy that?

Greg Fell: Yes, in part, in terms of the measures in the Bill. I would treat vapes like I would treat cigarettes in terms of colours and marketing, with plain packs out of sight behind the counter and strongly enforced. I would take care, though: we use and want to continue to use vapes as a route out of smoking cigarettes, so getting the balance right remains important, but I would be quite aggressive about the regulation and the deterrent.

Education in schools by itself will not be sufficient. It might or might not be effective, but it will not be sufficient. Action on Smoking and Health has co-produced with a number of local authorities a range of resource packs for parents, teachers and others, which are fairly widely used, but they are not sufficient by themselves to stop the rise in young people vaping, so we need strong regulation with the enforcement of that to boot.

Cllr Fothergill: It is not part of this Bill, but it is part of LGA policy that we would like to see a ban on disposable vapes. There are 5 million sold every week, with the vast majority sold to younger people. The vast majority are thrown away. Those that are thrown away responsibly finish up in one of our recycling lorries where the lithium batteries cause major problems with fires. It is not part of this legislation, but we think that that needs to be tackled separately; I think it will be.

Greg Fell: One point that I just remembered on the resource pack that has been widely circulated to headteachers and schools: a line was taken in that to tell the truth—not to over-egg the pudding but to tell the truth and say what we do and do not know, because in my experience scaring kids usually switches them on to something rather than turning them off something. In the pack, we have also told the truth about the methods and tactics that the tobacco industry has used to get kids hooked on vapes, and that as a rule makes kids pretty angry. It certainly makes parents pretty angry when they realise what has happened.

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

Q If I may, Mr Fell, I will bring you back to the issue of passive vaping. You talked about there not being so much evidence on the harms of passive vaping compared with passive smoking, which is correct. Of course, smoking has been around much longer for the effects to be understood. However, there are papers, published in reliable journals such as The BMJ, saying that those people—in particular, young adults who do not smoke or vape—who are exposed to passive vaping do get an increase in bronchial symptoms.

Greg Fell: Agreed.

--- Later in debate ---

[Dr Johnson]

Q My question follows on from that of my colleague. Lincolnshire police measured what was in vapes confiscated from children in my constituency. They found chemicals like diethylene glycol diacetate, antifreeze, Steol-M, poster varnish and others. As I understand it, when they look at a vape in a box, one of the challenges for enforcers is being able to tell whether it is a real, legitimate vape that contains what it is supposed to contain or a fake vape that contains a whole load of nonsense and potentially harmful chemicals. How could the legislation help you with that?

Secondly, someone showed me on packets of cigarettes recently that there is a scannable code, and trading standards have a special scanner that they can scan that with. Would that sort of thing help on so-called legitimate vapes?

Kate Pike: Potentially. The track-and-trace legislation on tobacco that enables us to scan a packet of tobacco and find out if it is where it should be—it is tracked all the way through the system—could potentially work on vapes. It would be very complicated to bring in—well, not complicated; it would be a big exercise to bring in track and trace for vapes, but it is potentially something. As you know, there is a consultation out at the moment for vapes to become an excise product, so it could possibly be that we introduce track and trace alongside that for vapes.

If you look at a vape and you look at the packaging, there are lots of red flags that tell us if it is illegal. We can usually tell by the packaging alone. We are doing some market surveillance work at the moment for vapes that look as if they should be compliant; they are notified to the MHRA, to check the ingredients. So far, touch wood, we are not finding too many issues in those nominally compliant vapes. But there are so many illegal vapes out there. It is actually quite easy to see that they are illegal, when you see them. We do know how to identify them at the moment, but obviously it could become more difficult. We will just have to make sure that the new regulations are still enforceable when they come in. For example, if there is a ban on types of flavour, we would want that to be really clear. We do not want to have to go round sniffing or tasting. It needs to be clear by the description, rather than just some sort of guess along the lines of, “Is that strawberry bakewell-flavoured?” It would be very difficult for us to manage that.

[Kirsten Oswald]

Q I do not know if others have had this experience, but I am aware that I am increasingly being advertised at online by products that, although I am not really sure what they are, are certainly connected or proximate to tobacco or vapes. That leads me to wonder whether there are any tobacco, vaping or other connected or related products that are not covered by this Bill, which you think perhaps should be.

Kate Pike: I think the Bill is really good at closing some of those loopholes. It will include an age restriction on 0% nicotine vapes, for example. There are other nicotine products, such as the little nicotine pouches. The popular term is, I think, snus, but we know that snus is already banned in this country. The enabling regulations to put a regulatory framework around products like that will be really helpful. These industries are very innovative, so we just need to make sure that we are keeping up with our regulation. I think that the enabling regulation powers will enable us to keep up with new products, but it is continually little steps, and regulation chasing after innovation. We would like it to be the other way round, really.

Tobacco and Vapes Bill

Debate between Kirsten Oswald and Caroline Johnson

2nd reading
Tuesday 16th April 2024 Commons Chamber

[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.

--- Later in debate ---

[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?

Under-age Vaping

Debate between Kirsten Oswald and Caroline Johnson

Wednesday 12th July 2023 Commons Chamber

[Kirsten Oswald]

I am grateful to my hon. Friend, and am delighted that he is as enraged as I am about the harm that these products are causing. I know that in his community people are equally as concerned as in mine. His comment bears reflecting upon, because how realistic is it that children will find ways to recycle this disposable product, or so-called disposable product, which is undoubtedly targeted at children, given that they are probably hiding it from their parents in the first place? There are no positive grounds for keeping these things about. I secured a debate last year focusing on the environmental impact, which bears reflecting on. My hon. Friend is right, so I am glad that he made the points that he did.

I am also deeply concerned about the impact on children and young people, because these vapes are so available, so inviting, and so increasingly used by younger people. I am particularly concerned about under-18s. The hon. Member for Denton and Reddish (Andrew Gwynne), who opened the debate very powerfully, talked about the Health and Social Care Committee having heard from a headteacher about the significant proportion of children vaping regularly. If we speak to headteachers in any of our constituencies, they will say the same thing. I was also alarmed, though unfortunately not surprised, to hear him highlight issues of primary-aged children vaping. That is terrifying. It is why today’s motion needs to be taken seriously.

The Advertising Standards Authority says that

“adverts for e-cigarettes must be targeted responsibly”.

I am not sure that that is what is happening. Such ads must, apparently,

“not be directed at under-18s”.

Again, the ASA has a job of work to do there. I wonder, although I suspect that it is perhaps unable to, whether it would want to look at issues such as sports advertising. Blackburn Rovers—other teams may do this, but this is the only team that I am aware of that are doing it—are being sponsored by a vaping retailer, Totally Wicked, for the sixth season in a row. We would find it unacceptable if our football club came out with cigarette branding on their shirts. I cannot understand why it is any more acceptable for a football club to come out with vaping advertising. I am keen for the Minister, or Government Members, to address that.

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

Would the hon. Lady be similarly outraged to know that the same company supports St Helens rugby football club, and called the stadium Totally Wicked?

[Kirsten Oswald]

I would be equally outraged. I know how much work the hon. Lady does in this regard. I am unsurprised to find that we are both enraged by the same thing. This is really unacceptable. If we are serious about dealing with the harms to children and young people, we really should expect sports clubs to be somewhere that they can see positive imagery and have positive influences. I recently visited a vaping shop near to where I live. I know they are sold in other outlets too, in corner shops and supermarkets, on Amazon and eBay, and we have heard about them being sold in a barbershop as well. They are not difficult to find, and they are so inviting. When I went into the shop, it looked lovely: the display was beautiful, with nice colours and names and all kinds of fancy shapes that looked like highlighters or lipsticks. I have seen some online that look like brightly coloured fidget spinners. These things are quite enticing, are they not? They are very attractive, and that is obviously deliberate.

I was interested to hear about the King’s College study on plain packaging, because anything that makes vapes less attractive to young people is obviously worth considering. I say that for many reasons, one being that I heard recently about young people purchasing disposable vapes to match their outfits. I must say that that had never occurred to me before, but why not? If they are purchasing them, they might want them to match their outfits, just as they might think about what flavour they would like, such as bubblegum or grape soda. The hon. Member for Denton and Reddish talked about them looking like an old-fashioned sweet shop, and he was right about that.

Disposable vapes are designed to be enticing, to draw young people in. They are throwaway and they are affordable. The right hon. Member for Romsey and Southampton North (Caroline Nokes) was absolutely right to describe them as pocket-money purchases. Parents will not always know what their children are purchasing with pocket money; presumably children throw disposable vapes away, as I have said, before the parents find them. As parents, we have no idea whether our children are using them. I hope mine are not, but none of us can know that, because they are so easy to find and so easy to throw away that we must be alive to the fact that we might not have the full picture.

Presumably we cannot all have the full picture, because, if we look at the statistics, in a recent YouGov/ASH survey the proportion of children aged between 11 and 17 who vape has gone up from 4% in 2020 to 7% in 2022, and the proportion of children who have tried vaping overall is now sitting at 16%. We have heard significantly higher figures than that cited in this debate.

I think it is reasonable to look for disposable vapes to be removed from sale. That is certainly what I would like to see. I am pleased to hear calls for retailers to ban single-use vapes in Scotland, where environmental and health charities have joined forces to call for an end to the sale of disposable vapes. Groups such as Keep Scotland Beautiful, ASH Scotland and the Marine Conservation Society are urging retailers to follow the good example of Waitrose, who I take my hat off to here, in banning the sale of those single-use products.

Waitrose did that because of reports suggesting that their popularity was soaring among people who had not previously smoked, as we have heard already, including the younger generation. It is really important that we examine the subject. I am pleased about the Scottish Government’s action in that regard and I echo Barry Fisher, the chief executive of Keep Scotland Beautiful, who also talks about a “litter emergency” and emphasises that the time to act is now.

The time to act is now also on the illicit vapes we have heard about already—the dodgy vapes and the chemicals within them. Lab research shows that they have up to twice the daily safe amount of lead and nine times the daily safe amount of nickel. There is also chromium in there. We do not want our children to be ingesting those substances, and those studies are based only on some vapes confiscated from a school in England, so we do not know what else is out there; we just know it should not be. Dodgy vapes have deeply concerning health impacts. In Scotland, there have been reports of illegal vapes confiscated from a school that left children coughing up blood. Which of us wants that for our children? We need to act.

It is deeply concerning—and that is before we even get into the notion of young people who have never previously smoked using disposable vapes and then graduating on to smoking cigarettes. We know that is an issue. The producers of vapes would have us believe they were intended to rectify and remedy that very problem, but it turns out to be the opposite that happens. The World Health Organisation has expressed significant concern about that, stating that children who use such products are three times more likely to use tobacco products in the future. If the Minister is looking for evidence, that is the kind of statistic he ought to bear in mind.

Huge profits are being made on the back of all those sales of vapes to children. Big business is being done here, but it is not always being done by the rules. The most popular brand for children is Elfbar, but in July an Observer investigation found that Elfbar had flouted the rules to promote its products to young people in the UK. Advertising videos and promotions on TikTok, for instance, were felt to be of concern. Some of those videos attracted hundreds of thousands of views, on a platform that is used by three quarters of 16 and 17-year-olds.

We have already heard about children’s doctors calling for a complete ban on disposable vapes. The hon. Member for Sleaford and North Hykeham (Dr Johnson), who is herself a children’s doctor, has spoken out about that. If we will not listen to the views of children’s doctors about the impact of vapes on children’s health, who will we listen to?

I am heartened that Humza Yousaf, our First Minister, says that a ban on disposable vapes is under consideration, and by the incredible hard work being done by the campaign group ASH, which absolutely deserves our thanks. I also thank the organisers of the TRNSMT festival, which took place in Glasgow last weekend, because they did not permit disposable vapes there, and I absolutely applaud them for that.

Less positively, however, I cannot thank the administration of East Renfrewshire Council, which is where I live. The motion, which I think is a good one, includes a passage about working with councils, and that is absolutely right. Of the 32 councils in Scotland, 28 supported motions calling for a ban on disposable vapes. Regrettably, East Renfrewshire Council was not one of them. It did not support the ban, seemingly because a ban was supported by the SNP. I am really unimpressed by that. It is a poor show from that Labour Administration and their Conservative enablers that they could not bring themselves in step with the whole of the rest of the country and, I suspect, with the Members who are present in the debate. That seems somewhat ironic given the motion that is before the House. I hope that they will reflect on that and change their mind, and that we will get a full set of councils to support the ban—although the numbers so far are pretty impressive.

I hope that the Scottish Government come to the conclusion that these things are too dangerous and damaging, although I am grateful for their sterling work so far. I hope that the UK Government will listen to what is being said to them. Like my hon. Friend the Member for Angus (Dave Doogan), I was not entirely convinced that a huge degree of listening was going on, but I hope that I am wrong about that and that we will hear about a very serious focus on the matter. The industry will not take the steps that are needed; politicians need to do that. Disposable vapes are a danger to the environment and to our young people. It is high time that we took them off the shelf.

--- Later in debate ---

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

I thank the Labour Front-Bench team for a great choice of debate today. I thank, too, all those Members who have made nice comments about me today. I agree with the Chair of the Health and Social Care Committee, my hon. Friend the Member for Winchester (Steve Brine), who said that it is a shame to see children’s health being made a party political issue, because surely everybody in this House, from every party, wants children’s health to be as good as possible. In that vein I declare an interest as both a consultant paediatrician and a member of the Royal College of Paediatrics and Child Health.

I was pleased to see the shadow Minister talk about Laranya Caslin, the headteacher of St George’s Academy in Sleaford, who spoke so eloquently at the Select Committee about her experiences of children vaping in her school. Let me reflect on some of the things that she said. She said that there was heavy peer pressure in school encouraging children to vape. She said that vaping was seen to be cool and that children had to vape to feel that they were part of the in-group. She also talked about how it has a higher burden of addiction. She said that, sometimes, children would go out at break time to have a cigarette, or to share a cigarette with friends, but now they vape not just during break times but need to top up during lessons. That continual top-up is something that we see in Parliament, too. Yesterday, while eating in the Tea Room, a Member of the House was vaping at the table. It must be said that we did have quite a long session of votes yesterday. During voting, in the Labour Members’ cloakroom, a Member of the Opposition Front Bench was sat vaping. We are seeing people topping up anywhere and everywhere it would seem, and that is something that I would like to see stop.

As many Members have mentioned, the flavours and colours of vapes are very child-friendly: there are even unicorn flavours, which I struggle to believe are directed at teenagers, never mind adults. My 12-year-old would not thank you for anything with a unicorn on, because that is very much for younger children. Indeed, we saw in the Healthwatch survey that 11% of 10 and 11-year-olds are already vaping. That grew to 42.4% of 16 to 17-year-olds, with a gradual increase during the teenage years. Laranya Caslin also told us that flavours are important to the peer pressure on children to vape. She talked about how children would discuss, “Have you tried the cherry cola? Have you tried the unicorn milkshake? Have you tried the green gummy bear?” It is the flavours that enable that discussion to take place among peers, which encourages children.

I asked the industry representative, “Why do you need these flavours? Why can’t you make them basic mint flavour, no flavour at all, or tobacco flavour?” He said that when people smoke they lose their sense of taste to an extent. Indeed, the NHS website says that one of the benefits of stopping smoking is that after 48 hours a sense of taste will start to return. What the industry has found, it told me, is that if it has tobacco or plain flavoured vapes, people will move off smoking on to the vape, but when their tastebuds return they will not like the vape anymore and will discontinue their vape use. That is of course what we want them to do, but it is perhaps not what the industry wants them to do. Making it cherry cola flavoured, bubble gum flavoured, or whatever flavour the person likes to inhale means that they will continue to be addicted to that product and continue to use it. I encourage the Minister to consider that when she considers banning flavours, or which flavours should be allowed to be used.

The ten-minute rule Bill that I introduced on 8 February this year would have banned disposables. I understand that the Minister has challenges in defining a disposable in a way that the industry, which has such a heavy financial interest in the product, cannot get around and make the legislation weak quickly. I look for an update in how that is going, but 1.3 million are disposed of every week. We have heard already about the fires that they can cause, and the fact that most of them are not recycled. I understand that they are very difficult to recycle, because the nicotine salts leak into the plastic. It is not like a plastic water bottle, which can be easily recycled if it is disposed of properly. These vapes cannot be, because they become a hazardous waste, because the nicotine has leaked into the plastic itself.

[Kirsten Oswald]

The hon. Lady is making an excellent speech. Does she agree that the whole way these things are designed seems as if it is to prevent them from being recycled? They are impossible to take to bits. They contain, as she said, plastic, which is then infused with other substances. There are lithium batteries, and all manner of things. How would one possibly go about recycling that properly? I think that the answer is that one could not unless one were a specialist.

[Dr Johnson]

The hon. Lady is right: these things are incredibly difficult to recycle, and since 70% of children use disposable vapes, and they are the most attractive and cheapest for children to use, it is increasingly important that we ensure that they are not available. The call to ban disposables has been backed by a wide variety of people, including the Royal College of Paediatrics and Child Health, of which I am a member, the Children’s Commissioner, and the Royal Society for the Prevention of Cruelty to Animals. There is a widespread desire across all parties, and across communities, to see these products banned.

The industry said at the Select Committee that a ban will drive the industry underground and make things illicit, but as we heard from the hon. Lady earlier, that is already happening. There are already illicit vapes. When a school in my constituency confiscated five vapes and the police tested them, they found antifreeze and all sorts of products, including trichloroethylene, which was banned before I was born. All those types of products are contained in vapes already, so that cat is very much already out of the bag and should not dissuade us from getting rid of these disposable products.

We also heard on the Health and Social Care Committee about the health challenges. We hear that vapes are 95% safer than smoking. The industry continues to repeat that statistic. Where does it come from? How could anyone possibly quantify that? It comes from 2013, when a group of people who were not specifically experts in tobacco control got together and had a discussion. They then published a paper. Let me read something that was published in The Lancet at the time, which was more than 10 years ago. The editorial of The Lancet said:

“But neither PHE nor McNeill and Hajek report the caveats that Nutt and colleagues themselves emphasised in their paper. First, there was a ‘lack of hard evidence for the harms of most products on most of the criteria’. Second, ‘there was no formal criterion for the recruitment of the experts’. In other words, the opinions of a small group of individuals with no prespecified expertise in tobacco control were based on an almost total absence of evidence of harm. It is on this extraordinarily flimsy foundation that PHE based the major conclusion and message of its report.”

The Lancet also noted that

“one of the authors of the Nutt paper…reports serving as a consultant to…an e-cigarette distributor”,

and that another

“reports serving as a consultant to manufacturers of smoking cessation products.”

In the Westminster Hall debate on 29 June I asked the Minister to look further into the veracity of the claim that vaping is 95% safer, and whether, given that that study was 10 years ago, the modern evidence for that still stacks up. I look to the Minister for an update on how they are getting on with that, because we heard in the Health and Social Care Committee that there are significant health impacts for children, with eight children hospitalised from St George’s Academy in Sleaford alone.

We also heard about children being frightened to go into toilets, as the Select Committee Chair said. Some of those children were frightened to do so because they found that when they did, it triggered their asthma symptoms. Those are children who do not vape, but who have asthma and are frightened to go into the toilets because there is so much vaping vapour left in the toilets by other children that it is triggering their asthma and making them unwell. Some of these children are unable to go to the toilet all day, which leads them to have problems not only with asthma, but with urinary retention, which potentially leaves them at risk of urinary infection and incontinence issues in later life. It is for that reason that Dr Stewart from the Royal College of Paediatrics and Child Health told us that she supported a ban on the use of vaping in public places.

I would also like the Minister to look at the use of accessories. On Etsy.com today, under the categories “girly smoking accessories” or “cute smoking accessories”, for £7.78—within the pocket money range—one can buy a teddy bear vape stand. It is a tiny teddy bear that people can stand their vape in when they are not using it. Will the Minister look at whether such items are suitable for sale, given that they are essentially there to attract children to this activity?

Moving on to advertising, we have a bizarre situation where Transport for London banned an advert for “Tony n’ Tina’s Wedding” that initially featured a picture of a three-tier wedding cake, because it would encourage people to eat fat, salt and sugar and that might drive the obesity crisis. That was on the tube, yet TfL buses have many adverts for vaping, including ones that appear to me personally to make vaping look cool and something to be aspired to.

I think TfL’s priorities are all wrong. The London Bus Advertising group states, as part of the group’s advertising to encourage people to put their adverts on the buses, that 5.8 million people would see the buses per week. I would ask those on the shadow Front Bench to use their good offices with the Labour Mayor of London to consider whether he can influence the chair of TfL to remove not just cake adverts, but vaping adverts from places such as tubes, buses and taxis, where they may be seen by children.

In the Minister’s opening remarks he talked about tobacco track and trace, and I wonder whether he is planning to bring in the same for vaping.

The other thing I want to talk about is taxation. Other hon. Members have talked about the price of disposable vapes and how they are accessible with pocket money. Very rarely comes an opportunity for a Chancellor to bring in a tax that will promote the public’s health, still make vaping cheaper than smoking, protect our children’s health and be relatively popular, yet raise revenue. While we wait to ban the disposable versions, I encourage the Chancellor to consider adding at the next fiscal event perhaps £5 to the price of a vape, to move them out of the pocket money range.

In summary, the Minister needs to look at a whole range of measures to challenge children’s vaping, including price, location, sale and use, colours, flavours, disposable items, advertising, education and enforcement.