Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

Lord Hunt of Kings Heath Excerpts

Monday 2nd November 2020 Grand Committee

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to the Minister for introducing these regulations. I want to ask her two or three questions.

First, on notification, as the Minister said, the regulations provide that producers will be required to pay only one fee if they notify a new product on either or both of the notification systems. However, products which are required to carry picture warnings will not have mutual access to the two markets because of the different legal requirements that apply within each area. Can the Minister confirm that this approach will minimise the amount of additional work involved in the notification process if there were to be a no-deal Brexit, that products notified to the UK prior to the UK leaving the EU will not require renotification, that data will be accepted in the same XML format as currently submitted to the EU common entry gate, and that the UK will continue to recognise submitter IDs issued by the European Commission, including those issued after the UK exits the EU?

In the longer term, the Tobacco and Related Products Regulations 2016 require the Secretary of State to review the regulations and publish a report before 20 May 2021. The review needs to examine the objectives intended to be achieved by the regulatory provision made by the regulations, and assess how far they can be met and whether they remain appropriate. Can the Minister set out a timeline for that?

E-cigarettes continue to be the most popular aid to quitting for adult smokers. A recent international review by the Cochrane group found that evidence had grown that e-cigarettes are effective in helping smokers to quit and that they may be more effective than traditional medications such as nicotine patches and gum. However, recent research from ASH points to a slowing of use among adult smokers, which may be linked to deteriorating understanding that vaping is safer than smoking. This raises the concern that more smokers could be successfully switching if they correctly understood that it was safer than continuing to smoke. At the same time, data shared with me by ASH shows that over 80% of 11 to 18 year-olds have never tried an e-cigarette, with less than 2% vaping at least weekly. However, ASH has also raised concerns that the way e-cigarettes are marketed may be shaping young people’s choice of products, and hence influencing their behaviour. Given the importance of balancing the needs of smokers against any impact on young people, it seems important that a review of these regulations is undertaken. If the Minister could set out a timeline, I would be grateful.

On picture warnings, I understand from ASH that it considers that, for the purposes of providing an alternative to the current picture warnings in the event we leave the EU without a deal, switching to one set of pictures from Australia is a sensible but short-term quick fix for an emergency. Does the Minister agree that best practice, as is the case in both Australia and the UK at present, is to rotate and regularly review and update health warnings? It is essential in the longer term that the Government review the warnings, which I gather are currently being evaluated by the Australian Government, to find ways to increase the number to allow for rotation, as is currently the case.

On cropping, the Government have stated in the consultation that they will provide further guidance in relation to cropping and sizing the images to ensure that they can be easily adapted by industry and will conform to existing legislative requirements on images and pack size. This is obviously essential, as it ensures a smooth transition to the new picture library. Can the Minister say when the guidance will come?

Finally, the Minister opened with a very welcome statement about government intent towards a smoke-free nation by 2030. However, this is a challenging target, and it is time for a revitalised tobacco strategy which includes the new measures envisaged in the public health Green Paper. Those are essential if we are to achieve the smoke-free 2030 ambition. In her opening remarks the Minister mentioned the work that is being done, but can she tell me when we expect to see publication of a new tobacco control plan?