Tobacco and Vapes Bill (Second sitting)

Lisa Cameron Excerpts

Committee stage
Tuesday 30th April 2024 Public Bill Committees

[Mary Glindon (North Tyneside) (Lab)]

Q It is always great to see you and your enthusiasm shows through. We are very grateful for what you do in the north-east with Fresh and Balance. Does there need to be some kind of balance—no pun intended—between education and enforcement in order to make this a successful campaign, and to make the Bill as successful as we all want it to be?

Ailsa Rutter: We have a really good track record over the last two decades of collaboration and cross-party working, with fantastic support from civil society, the NHS and local authorities. The previous legislation has gone through really well, overall, because we have worked together to build up public awareness and support. It is really important that we have adequate resourcing for our important professional groups, such as trading standards.

For me, it is about the communication, the vision and the narrative that we can set. Undoubtedly, if we can get this through, it will not just stop a whole new generation starting; we also know that it will trigger many people to think, “You know what? I am going to give it another go. I am going to try to quit.” We know that it can take people many attempts to quit for good. That is why it is really good that this is being backed up by additional investment in the important stop-smoking support systems and in our NHS trusts.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

Q We heard this morning that some individuals and families had misinformation about vaping. We were given the example that, where the flavour is grapefruit or another fruity flavour, people might think that it is actually beneficial for children to be using vapes. Should we tackle those types of flavours and do more in terms of education, to make sure that families are aware that just because something has a fruity flavour, that does not necessarily mean that it is good for their health?

Ailsa Rutter: I note the aspects of the Bill that deal with flavours. We absolutely think that more should be done on the descriptors. We wholeheartedly agree that some of the description is completely inappropriate. However, flavours play a really important role. For example, in our mental health trust, it is the fruit flavours that have got addicted smokers to stop. I genuinely have not heard that come up in the north-east—parents thinking that it is somehow healthy for a young person if it has a fruit flavour. What is wrong, though, is when it is in a packet called “Unicorn bubbly shake” or whatever, with a cartoon image on it. Those are things that we should look at addressing.

On vaping by young people in the north east, I want to make the point that we need to be careful about the data. Sometimes people say that all young people are vaping, but the evidence does not stack up. All of our local authorities do health behaviour questionnaires and, across the board, around 10% occasionally vape. I am not at all saying that we should be happy with that, but the risk of a public narrative that all young people are vaping is that we inadvertently promote it as a norm. Schools North East—

[The Chair]

Order. I am sorry, but we have hit 2.50 pm. Caroline, I am sorry to you, too. We are not allowed to go over the time limit. Ailsa, thank you so much for your evidence; it has been absolutely first-class. We wish you well with all the important work.

Examination of Witness

Adrian Simpson gave evidence.

--- Later in debate ---

[Mary Glindon]

Q I was just searching for a quote, which I think I cited in a debate last year, about a survey that had been commissioned about buying vapes. Out of the 28 vapes that were bought, 25 were illicit vapes. I presume that those are from places that are not responsible retailers—they clearly are irresponsible if they sell those. Are there a lot of retailers that do not subscribe to your organisation where this sort of thing could be occurring? If that is the case, how can we encourage them to become responsible retailers and join the consortium? What should be done? Do you try to reach out to retailers that you know are perhaps not the best and that you would like to see engage with your organisation to help to prevent this kind of illicit sale?

Adrian Simpson: Exactly. Our membership is predominantly the household-name retailers—the large retailers; the ones that certainly would not be selling illicit vapes. We have comprehensive supply chains, and our members put a lot of effort into making sure that their supply chains are operating with integrity, so that illicit products cannot enter them. I have not seen that report, but my feeling would be that the sellers mentioned in it are highly unlikely to be members of a reputable trade organisation. They might be ones that would not be looking for the same standards that our members would operate to.

[Dr Cameron]

Q Do any of your members worry that they might get into some bother if they think that someone looks a bit older than they are, and they do not ask them for identification? I am just wondering what sort of training would be beneficial, because you mentioned that you were looking to put in place training prior to this going through.

Adrian Simpson: A lot of the training done by our members has been put together with the help of trading standards’ services, so there is a lot in there about the law, but also about what perhaps is termed the soft skills—how to deal with the aggression, and with violence as well. Of course, this is a high-profile issue, and it is one of the top priorities at the British Retail Consortium as well.

We know that, with new rules, new regulations and new opportunities to challenge consumers, there will always be some resistance from consumers. We will certainly make sure that all our colleagues working in our members’ stores are given all the support they need to deal with any potential aggression or any bother, and our members will comply with whatever the law says. They will not let someone who should not buy a product buy it just because they are worried, or something like that. They will follow whatever the in-store procedures are and the training from the work with trading standards.

[Dr Cameron]

Q But it is probably more difficult to tell whether someone is 35, 40 or 45 than whether someone is an older adult, going on a bus, or whether someone is a teenager rather than someone in their mid-20s. I am just wondering how that could work, in a sense, in terms of the training.

Adrian Simpson: I agree—that is difficult. It takes me back to discussions around Challenge 25, which we have mentioned. It started out as Challenge 21, and the age was raised because it was very difficult to tell the difference between a 21-year-old and an 18-year-old. Technology is evolving in this area. There are new things. We know that members are using new forms of technology to help with that. They rely on things like Government-issued ID. There are various ways of challenging someone. It comes down to things like the training and how the consumer is around the till. Are they acting nervous or like they are up to something? It is then down to the retailer to use the training that they have been given to check the ID and use their own in-store procedures, as well to try to operate responsibly.

[Kirsten Oswald]

Q To follow on from that dialogue, it strikes me that a degree of social change will be needed, because it will have to become normal for you to go into a shop and provide whatever kind of ID. It seems to me unlikely that that will be a conversation that will centre on whether you look this age or a year older. Has that led you to any conversations with people who deal with things like bus passes or the voter ID that is required? Is the communication of that to the public—a different angle from the communication to the retail staff—something that you are working on?

Adrian Simpson: Yes, we do work closely with trading standards, who are very good at doing the education side. It is not just about educating our members, but educating the public and bringing about a cultural change where it is almost expected that you will be asked for ID. If you have been in any large retailer recently, you have probably seen the badges they wear that say, “It’s our job to ask for your age”, for example. Certainly, among our member businesses, it very much is the culture to go for the Challenge 25. Although these regulations with the rolling age will have challenges, I am sure our members are well placed to overcome them.

--- Later in debate ---

[Bob Blackman]

Thank you.

[Dr Cameron]

Q This question is for John. You stated in the response to the Bill that enforcing the new age restriction will present its own challenges. What challenges do you foresee? Will the sector be penalised if it cannot tell the difference between a 35-year-old and a 40-year-old? How do you manage those intricacies?

John Herriman: I will let Kate answer on this one as well. There was a really good, comprehensive answer earlier from one of the people giving evidence: if this is the right thing to do, the right idea, it is something we will have to get used to doing. I think that is probably the principle that we would apply within the world of trading standards as well. We just have to get used to the new legislation and what it asks us to do, and then make sure that sellers are following that legislation. Probably the problem will be more at the business end rather than at our end, and this is where there is a really important role for business education and the likes of the British Retail Consortium, the Association of Convenience Stores and other organisations.

We must get the balance right: this is about the enforcement activity and the right level of legislation, but we also have to make sure there is an onus of responsibility and accountability on businesses themselves to solve part of the problem. I do not think it is right to put all of the problem on enforcement, for example. Therefore I would definitely be looking towards businesses to make sure that they are embracing this and making sure that they are doing the right business education and training along the way. Have you anything else to say on that, Kate?

Kate Pike: Absolutely. The other point, obviously, is about resources, which John has already highlighted. We are in discussions, but we do need to make it clear that trading standards needs more resources to enable it to deliver the enforcement in this Bill.

[The Chair]

I think we have received that message very loud and very clear.

Kate Pike: Good.

John Herriman: Did I mention that? [Laughter.]