Tobacco and Vapes Bill

Lord Faulkner of Worcester Excerpts

2nd reading
Wednesday 23rd April 2025 Lords Chamber

[Lord Faulkner of Worcester (Lab)]

My Lords, I am delighted to offer my support for this Bill and to join every other speaker so far in this debate. There have been nine before me, who have expressed their complete support for what the Government are doing.

It is rare that a Bill introduced by the Government of one party finds it is then picked up in substantially the same form by a new Administration after a general election. This is consistent with the all-party approach on which many of us across the Chamber worked, from the early years of this century, to reduce the scourge of tobacco and nicotine addiction. Most important among this work, as has been referred to already today, was the decision to make pubs and clubs smoke-free, after the free votes in 2006. There can be hardly anyone in your Lordships’ House or outside who wishes to go back to the days when pubs were full of smoke and patrons needed to change their clothes and wash their hair to get rid of the stench when they got home. Those laws were the most significant contribution to public health since the clean air laws of the 1950s and the Victorians’ improvement to the quality of drinking water.

In 2013, our cross-party group moved amendments to the Children and Families Bill, designed to protect children and help prevent them starting to smoke. Those amendments required cigarettes and other tobacco products to be sold in standardised packaging and made it an offence to smoke in cars where children under 18 were present. The Health Minister who accepted the arguments in the amendments we tabled in Committee was none other than the noble Earl, Lord Howe—and I congratulate him on his speech today, particularly for his consistency. The policy to phase out the sale of tobacco to the next generation was not only in the Labour and Conservative manifestos but enjoys strong public support, with over two-thirds of adults backing the proposal. History tells us that tobacco control measures grow in popularity over time, and all the more so once they are enacted.

We were told that implementation was impossible, yet when those smoke-free laws were introduced in 2007, compliance was almost universal from day one. We were told that the measures would fuel illicit trade, but in fact illicit sales have fallen, despite substantial tax increases. We were told that small businesses would suffer, but research by independent agencies consistently shows that small retailers adapt well, experience few problems and then support new regulations; many of them are parents as well, and want to protect their children and their communities. We were told that this is an infringement on freedom, but there is no freedom in addiction, only harm, cost and premature death.

What about the freedom for non-smokers to enjoy a smoke-free environment? This Bill gives powers to strengthen existing smoke-free laws by extending restrictions to certain outdoor public places. This is a sensible step, but I am disappointed that the Government have ruled out further protections in hospitality settings in England, where workers remain exposed. These restrictions were supported in a vote in this House in the last Parliament but were not carried through in the legislation. Why are those working in pubs, bars and cafés less entitled to a smoke-free environment than others?

There is one loophole that this Bill is particularly well-placed to close: the exemption for so-called cigar lounges. When the 2007 legislation was passed, an exemption was made for specialist tobacconists to allow customers to “sample” products. This exemption is now being exploited and abused. Venues, including luxury hotels, host lounges that serve food and drink and allow full cigar smoking indoors. That is far outside the spirit of the law. We would not tolerate this in other workplaces and we should not here. Every worker has the right to a healthy environment. The licensing powers in the Bill will allow us to understand how many of these establishments exist, but I urge the Government not to delay in dealing with it.

While the legislation is a major step forward, it is not in itself a strategy to end smoking. The All-Party Group on Smoking and Health—of which I am a long-standing member, as are a number of other Members of this House—published A Roadmap to a Smokefree Country last month. It sets out what is needed to make smoking obsolete within 20 years. That strategy will need sustainable funding. The APPG has long called for a levy on tobacco manufacturers—in exactly the same way as the noble Lord, Lord Young of Cookham, just did in his speech—which continue to profit from a product that kills half its users. That the polluter must pay is a very strong argument.

This Bill can help ensure that future generations grow up free from the harms of tobacco. Let us ensure that it is not just a milestone but a stepping stone to a smoke-free future.

Tobacco and Vapes Bill

Lord Faulkner of Worcester Excerpts

Committee stage
Tuesday 11th November 2025 Grand Committee

[The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)]

My Lords, we are debating Amendment 102 to Clause 45, and the noble Earl, Lord Howe, was in full flow.

[Earl Howe (Con)]

My Lords, I need no persuading about the damage to health caused by both active and passive smoking. However, throughout my years in dealing with health matters, I have also been consistent in acknowledging that there are one or two narrow areas of tobacco regulation in which the health gain to be derived from such regulation is outweighed by considerations of personal choice, commercial freedoms and—not to sound too high-flown—the national interest.

Handmade cigars are one such instance; I would venture to say that they are the most important one. There is, therefore, a necessary challenge that must be made to the Government—a challenge issued by my noble friend Lord Lindsay in his excellent speech. The challenge is to demonstrate evidence that the strictures that apply to cigarettes apply equally to every single type of tobacco product when consumed. These include heated tobacco, which is a relatively novel product but could have a role in smoking cessation—we do not know that yet, but it might—snuff, pipe tobacco and, in particular, hand-rolled cigars.

Noble Lords have articulated why this challenge must be made. I want to distil those arguments by focusing, as others have done, on handmade cigars. For official statistical purposes, sales of handmade cigars are lumped in with the sale of a whole range of other tobacco products—a fact that precludes any detailed analysis of the market relating to handmade cigars on their own. In the UK, that market is tiny by comparison to the market in cigarettes, but it is a market of very high value. Depending on its age and provenance, one box of Havana cigars can sell for many thousands of pounds. Retail outlets for such cigars are very few in number, but their combined activity is enough to make the UK one of the leading centres in the world for high-quality cigars imported from Caribbean countries. The historical links between British importers and retailers and small producers in those countries go back many years, making it a trade that is the polar opposite of that associated with cigarettes. I should add that highly specialised retailers of handmade cigars in this country are one of the many reasons why very rich people from around the world see London as a destination of choice.

However, relevant as they are, these arguments around the market tell only half the story when it comes to considering this legislation. We need to be clear about the facts relating to health. Hand-rolled cigars, costing hundreds of pounds apiece, are decidedly not a cause of young people taking up smoking, nor is doing so a route to addiction for those who choose to smoke such cigars. Very few people would think of smoking them with anywhere near the same frequency as smoking cigarettes; that just does not happen.

In general, cigars of this kind are bought as luxury items for occasional enjoyment, the main attraction being their unique tobacco flavour. I am not for a minute suggesting that handmade cigars are without any health risk whatever—that would be absurd—but there is a distinct difference between the dangers posed by cigarettes, which have all sorts of carcinogenic chemicals added to them during the course of their manufacture, and the dangers of a hand-rolled cigar, which consists of pure tobacco and whose smoke is not inhaled.