Tobacco and Vapes Bill

Mark Eastwood Excerpts

2nd reading
Tuesday 16th April 2024 Commons Chamber

[Mark Eastwood (Dewsbury) (Con)]

I thank my right hon. Friend the Member for Rossendale and Darwen (Sir Jake Berry) for his speech and for mentioning the word “freedom”. It is really important that we do that. I am not coming at the debate from a libertarian perspective—more of a practical one—but, in essence, I agree very much with the majority of what he said.

As an ex-smoker, I share the Prime Minister’s aim of reducing the prevalence of smoking. I never want to see anyone, especially young people, pick up this dangerous habit. It is therefore with some sadness that I rise to explain why I do not expect to follow him into the Lobby on this vote. My great reservation is that the Bill is impractical and could easily make things worse through unintended consequences. There are 5 million users of vaping products, and there is a substantial risk that restricting the use of vapes will lead to them moving back to smoking, increasing the burden on our health system.

Vaping is recognised by Public Health England as 95% safer than tobacco use. Late last year, a study by Brunel University London revealed that if half the number of adult smokers switched to vaping it would save the NHS more than £500 million a year. The potential restriction on the flavours of vapes, which the Bill gives Ministers the power over, could also have unintended consequences, as stated in the Department of Health and Social Care’s own impact assessment. Restricting vape flavours would mean around three quarters of the 1 million adults who vape could be affected in some way.

A further study, published by Bristol University, considered the impact of removing all flavours on non-smoking young people and adult smokers using vapes as a quit aid. The study found that as a result of the flavour ban, more adults would be at risk of smoking tobacco cigarettes. Flavoured vaping is a smoking cessation tool. I can testify to that from my own experience, having chosen mango flavour over the unpleasant tobacco flavour on offer in the market.

Furthermore, the illicit cigarette share of the market is officially 11%, up from 8% five years before, and has been on an upward trend over the past decade. Far higher levels of illicit produce can be found in constituencies containing less affluent areas. Dangerous, illegal and untaxed nicotine products are also easily and widely available across the country. During a test purchase exercise I attended in my constituency, we found 21 retail outlets selling harmful, illicit or counterfeit cigarettes; illicit prices as low as 35% to 45% of legal prices; illegal vapes available in up to 24 ml tank sizes, when the legal limit is 2 ml; and British packaging and safety requirements on products not followed.

The consequences are that people buying unregulated cigarettes and vapes, particularly counterfeit ones, are risking their health greatly. The profits generated are taken by criminals rather than legitimate taxpaying businesses. No excise is paid on these illicit products, illegal distribution networks are deeply embedded into the black market and the dissuasive effect of high taxation is evaded. Although penalties have been increased, the huge disparities between those for tobacco smuggling and those for smuggling drugs will continue to attract criminal gangs, because it is a relatively low-risk form of organised crime. I believe that, sadly, the funding surge for trading standards that was announced earlier in the debate will not be sufficient to tackle those issues.

Furthermore, nothing in the Bill will help the 6.4 million existing smokers. Indeed, by treating heated tobacco products and certain types of vapes in the same way as cigarettes, it decreases the chance that those who smoke will switch to a less dangerous alternative. I would have preferred the Government to focus on the Smokefree 2030 ambition that was aimed at those existing smokers.

Finally, I believe that the Bill is unenforceable and will put undue pressures on legitimate tobacco and vaping retailers. Those points were raised with me recently by shopkeepers at a parliamentary Association of Convenience Stores event. All the shop owners who spoke to me were genuinely concerned about the violence and verbal abuse to which they would potentially be subjected for trying to enforce the age limits set by the Government, and they also felt that they would lose more revenue to shops in their areas selling illegal vapes and cigarettes.

While I believe that the Bill is well intentioned, it risks having an effect that is the reverse of what it is trying to achieve, and that is why I will reluctantly vote against it.