Tobacco and Vapes Bill

Lord Howard of Rising Excerpts

2nd reading
Wednesday 23rd April 2025 Lords Chamber

[Lord Howard of Rising (Con)]

My Lords, nobody can fault the good intentions of the Bill, which are to be applauded, but it has the potential to profoundly impact personal choice and responsibility in our society. While I acknowledge the pressing health concerns surrounding smoking, I stand before your Lordships to advocate for the preservation of individual freedoms and the minimisation of state interference in our personal lives.

At the heart of the discussion lies a fundamental question: should government dictate what individuals can consume? In a truly free society, the right to make personal choices, even those which may be deemed to be unwise, should be respected. The role of government should not be to shield people from every risk but to empower them with information, education and support, so that they may choose for themselves. The Bill before us proposes sweeping regulations on tobacco and vaping products, ostensibly in the name of health, but with significant implications for personal freedom, economic viability and the effective use of public resources.

First, let us consider the economic consequences. The weight of compliance will fall heaviest on small businesses—corner shops, independent retailers and family-run enterprises—which often lack the resources to keep up with ever expanding regulatory demands. These businesses form the backbone of our local communities, but they will struggle to meet the stringent requirements outlined in the Bill.

Secondly, the cost of enforcing legislation will be significant. Trading standards will require a colossal increase in funding to successfully monitor compliance, conduct inspections and prosecute violations. In a time of constrained public finances, we must ask: is this the best use of taxpayers’ money? Could these resources not be more effectively deployed towards improving our schools, strengthening palliative care or tackling crime?

Thirdly, there are the unintended consequences. Restrictions on advertising and sponsorship may hinder the ability of companies to provide essential information about safer alternatives to smoking. Many adults are already making the transition to vaping and heated tobacco products that, when properly regulated, may pose fewer health risks than combustible cigarettes. If we silence responsible communication in this space, we risk keeping smokers in the dark, prolonging harm rather than reducing it. A well-informed public are better equipped to make choices to look after their health, and it is our responsibility to ensure that accurate information is accessible to all adults who smoke.

Finally, history teaches us that prohibition does not eliminate demand. As a number of your Lordships have pointed out this afternoon, it merely drives it underground. Excessive restrictions on tobacco and vaping products will pave the way for a mass unregulated black market where safety and quality are sacrificed. This is not mere speculation, it is a lesson that has been learned time and again. If nicotine products are pushed underground, we risk turning law-abiding citizens into criminals and jeopardising the health and safety of consumers. The potential for unregulated products to proliferate in the shadows poses a far greater risk than responsible regulation in a legal market. What we need is not coercion, but education; not prohibition, but harm reduction. By providing accurate, evidence-based information, we can empower individuals to make decisions that benefit their health. This is the path of a mature, democratic society, one that trusts its citizens to act responsibly.

In conclusion, while the intentions behind the Bill are to be applauded, I urge the House to reconsider our approach. Let us instead reaffirm our commitment to personal freedoms, informed choice and responsible government. Let this be a Government of facilitators, not enforcers.