Tobacco and Vapes Bill

Lord Moylan Excerpts

Tuesday 24th February 2026 Lords Chamber

Moved by

[Lord Moylan]

3: Clause 1, page 2, line 3, leave out “negative” and insert “affirmative”
Member's explanatory statement
This amendment provides that regulations to specify methods of customer age verification must be made by the affirmative resolution procedure.

[Lord Moylan (Con)]

My Lords, I will speak briefly to Amendments 3 and 12, which would have the effect that the regulations to be issued in relation to age verification should be made under the affirmative process, rather than the negative process as originally envisaged.

When I tabled these amendments in Committee, the Minister showed what I thought was a hint of favour towards them, so I had the temerity to retable them on Report and lo, what do I find, but that the Minister has added her name to them. With that, I think they require no further argument. They were recommended by the Delegated Powers and Regulatory Reform Committee. I beg to move Amendment 3 and will move Amendment 12 at the appropriate moment.

[Baroness Northover (LD)]

My only comment on this group is that we would not support Amendment 26, which would require a fund to be set up for age-verification technologies. If any fund were to be set up—we do not see the need for it—then it should be funded by the tobacco industry. I note with great interest that the Minister has signed the amendments tabled by the noble Lord, Lord Moylan.

--- Later in debate ---

[Baroness Merron (Lab)]

My Lords, I am grateful for the contributions to this short debate. I thank the noble Lord, Lord Moylan, for bringing back Amendments 3 and 12, which would change from negative to affirmative the procedure for making regulations to specify steps that may be taken to verify the age of customers.

In Committee I committed to returning with the Government’s response to the recommendations made by the Delegated Powers and Regulatory Reform Committee. We have carefully considered those recommendations and listened to the support within your Lordships’ House, and I can confirm that we are accepting the recommendations in full. Therefore, as noble Lords have observed, I have—I think we can say unusually—put my name to the amendments from the noble Lord, Lord Moylan. I can only counsel the noble Lord not to get used to it. I am very pleased to support his Amendments 3 and 12.

I have tabled government Amendment 105. For consistency, I have also tabled Amendment 110 to Clause 76, which is an equivalent amendment that provides the power to specify age-verification steps for Northern Ireland.

Amendment 26, tabled in the name of the noble Lord, Lord Udny-Lister, would require the Secretary of State to establish a financial assistance scheme for the acquisition of age-verification technology by producers and retailers of nicotine products. I absolutely understand that the noble Lord’s aim is to support retailers—something that I hope the noble Lord heard me saying on behalf of the Government—and to strengthen adherence to age restriction laws. But I say to the noble Lord and the noble Baroness, Lady Fox—it is important to clarify this point—that the Government have no plans to mandate the use of age-verification technologies to enforce age of sale.

Checking that a customer is over the age of sale is a well-established concept for retailers, and they should continue to take reasonable steps and exercise due diligence to ensure that they do not sell age-restricted products to anyone underage. To provide clarity for retailers on the types of ID that they can use, the Bill provides powers to specify in regulations the steps that may be taken to verify a customer’s age. This includes the types of digital identities that can be used.

On some of the points raised by the noble Earl, Lord Howe—I know that other noble Lords are, rightly, concerned about this—I confirm once again that the Government will work with the retail sector, as we are already doing, to publish clear, workable guidance to support it with these legislative changes. With that, I hope that the noble Lord, Lord Udny-Lister, understands the Government’s position, and I encourage noble Lords to support Amendments 3, 12, 105 and 110.

[Lord Moylan (Con)]

My Lords, I am grateful to noble Lords who have spoken in this short debate. Concerning the debate about enforcement, as somebody who in the past had political responsibility for trading standards in a local authority, which is the mechanism by which enforcement of underage tobacco sales is achieved, and having sat through the whole of Report so far this afternoon, I am surprised that there has been no mention of trading standards. Perhaps we will get to this later, but trading standards will need some help as well, because a considerable burden is going to be placed on it if this mechanism of a generational age limit is to go ahead. With that, I am grateful for the support for my Amendment 3.

Amendment 3 agreed.