Environmental Protection

Debate between Mary Creagh and Christopher Chope

Wednesday 13th November 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

I beg to move,

That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.

Every person in this country has the right to walk down their street without stumbling on a single-use vape that has been tossed on to the pavement. They have the right to take their children to the park without their child picking up a shiny vape that has been cast aside in the playground. No driver should fear that their car tyre will explode if they drive over a single-use vape in the road, yet I was recently sent a picture of just such a tyre explosion. What started out as a useful means to stop adults smoking has become a menace on our streets.

Almost three quarters of single-use vapes are incorrectly disposed of. Material Focus estimates that 5 million vapes are thrown away each week—equivalent to eight vapes a second, and four times as many as at this time last year. They have turned into a constant wave of waste and are wreaking havoc, and we are left to pick up the pieces. When they are littered, they introduce plastics, nicotine salts, copper, cadmium, lead and lithium-ion batteries into our environment. That harms our wildlife, our soils, our rivers and our streams. Last year, 50 tonnes of lithium—the amount needed to power 5,000 electric vehicle batteries—was discarded into our environment.

Alternatively, vapes end up being incorrectly put into black-bin household waste. At best, they either end up in landfill or are incinerated. At worst, they cause fires when they are crushed in bin lorries. That risks harm to the public, refuse workers and firefighters. In September, a fire at a waste centre in Basildon was started by a lithium-ion battery—the sort that is found in vapes. The fire spread across warehouses and set alight 15 heavy goods vehicles. People were evacuated, and the fire service was on site for 24 hours a day for almost a week.

We know that these products are designed to appeal to children. According to Action on Smoking and Health’s research, the rise in single-use vapes has happened concurrently with an increase in young people vaping. We must ban these harmful products, and I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for taking steps to introduce a ban earlier this year. His was the right action, and we will not delay. Transitioning to a zero-waste economy is one of five priorities on which my Department, as part of a mission-led Government, will deliver to rebuild Britain. This ban is an important first step on that journey.

Before I turn to the details of the legislation, I thank the Secondary Legislation Scrutiny Committee for its work. Its report highlighted several points of interest, particularly the links to youth vaping, which I have mentioned, and whether we will monitor products coming to market following the implementation of the proposed ban. We will work closely with the Medicines and Healthcare products Regulatory Agency to understand the types of products coming to market, and we will continue to look at this in future.

The Committee also highlighted correspondence from Green Alliance, which supports the ban but wished for earlier implementation and sought assurance on enforcement. We want to introduce the ban as soon as possible, but we must allow a minimal but reasonable transition for businesses to run down stocks and adapt their business activities. This is why the ban will come into force on 1 June next year. Effective enforcement is crucial, and we will work closely with enforcement agencies to understand how best to support them.

Let me now turn to the details of the legislation. The ban we are introducing uses powers under the Environmental Protection Act 1990. Part 1 sets out the meaning of a single-use vape, which is a vape that is

“not refillable and not rechargeable”.

The ban applies to England only, but my excellent officials have worked closely with the devolved Governments, who are bringing an equivalent legislation. We are grateful to our colleagues in the devolved Governments for their collaboration to ensure that, from 1 June next year, there will be a UK-wide ban.

Parts 2 and 3 of the legislation introduce offences and enforcement provisions. Enforcement of the ban in England will be carried out through local authority trading standards officers, and the powers in the legislation have been developed in partnership with them. The regulations mean that illegal traders can be issued with an on-the-spot fine and that the products they are selling can be taken away. It is also possible for local authorities to reclaim the costs of investigating, and enforcing, the regulations from the rogue traders. Finally, part 4 of the legislation covers requirements for guidance and the need to review and evaluate the ban.

[Sir Christopher Chope (Christchurch) (Con)]

The Minister has talked about the environmental impact of disposable vapes, but what does she think about the environmental impact of the reusable vape devices that are being sold? The Government’s own impact assessment suggests that by the year 2034, there will be a total of 2 billion reusable vape devices being sold. What impact does she think that will have on the environment, and how will that differ from the sale of disposable vapes?

[Mary Creagh]

What we are trying to do with this ban is to get rid of the vapes that are not rechargeable and refillable. The vapes that are both refillable and rechargeable will continue to be sold as a valuable aid to help adults stop smoking. The almost toy-like vapes that we find littered in every street are the real problem, and I am sure that the hon. Gentleman’s constituency is no different from mine in that regard. I will come back to him on that. On predictions about the future, we saw yesterday in the newspapers that a pill has been developed to help smokers quit smoking, so who knows where we will be in five years’ time. We can always guarantee that the future will be different from the past.

Let me conclude by saying that vapes can help adults to quit smoking, but single-use vapes are a waste of our precious national resources. The sheer volume of them that we see on our streets and the widespread harm that they cause must be stopped, so I commend these regulations to the House.

--- Later in debate ---

[Mary Creagh]

Let me begin by saying how much I enjoyed listening to that interesting debate. I welcome the hon. Member for Epping Forest (Dr Hudson) to his place in his new role in the shadow DEFRA team. I send our good wishes to Poppy the dog, after her close encounter with a vape of a disposable kind. I hope that this legislation avoids such encounters in future. I thank the hon. Member for Eastleigh (Liz Jarvis) for her generous speech in support of this measure.

I also welcome my hon. Friend the Member for South Dorset (Lloyd Hatton) to his place. There was a chuckle of recognition around the Chamber when we were taken on a ramble of his constituency, through the geological and the geographical. He mentioned the big-hearted people from his gorgeous part of the world. It was my privilege to open a section of the coastal path there in a previous role. I know that he will continue the work of Margaret Hodge in this place in his role on the Public Accounts Committee, and I am sure that his constituents are delighted to have one of their local sons representing them. I was really pleased to hear about his passion for bringing jobs and growth to his area.

Let me address some of the issues raised. I pay tribute to the hon. Member for Sleaford and North Hykeham (Dr Johnson). As a paediatrician, she is uniquely placed to warn of the dangers of these products. I have not come across a SpongeBob SquarePants vape yet, but who knows what the future holds. I was very distressed to hear of the incident at her local school, where eight children collapsed—I wish those young people and their families well—but it is a striking reminder of the dangers posed particularly by illegal products, as mentioned by the hon. Member for Christchurch (Sir Christopher Chope).

Let me talk a little about recycling and producer responsibility for paying the costs. We know that there is no such place as “away”. These products cannot be put into local rivers; they will always turn up. They will always bleed into the environment, and everything that we do to the environment we eventually do to ourselves. It is important that those responsible for putting vapes on the market are accountable for their disposal. A consultation on reforming the producer responsibility system for waste electricals was held under the previous Government at the end of 2023. We are considering the responses, but we noted near unanimous support for the proposal to create a new category of electrical equipment specifically for vapes in the Waste Electrical and Electronic Equipment Regulations 2013. That would ensure that producers of vapes are properly funding the collection and treatment of those products when they reach the end of their life. We recognise the importance of taking action to ensure that the costs of recycling these products are borne by those who make them, and we will outline our next steps on this in due course.

To answer the question raised by the hon. Member for Epping Forest on monitoring the ban and its impacts, including in devolved Governments, we will monitor the impacts of the ban, and we will share data and intelligence from Border Force, trading standards and all four nations to ensure effective implementation and that these regulations come in at the same time, so that we do not create an unfortunate internal market.

On disposal of existing stock, the six-month period is to help responsible and reputable businesses—when we regulate, we expect businesses to obey the law of the land, and assume that most people will do so. The period will help ensure that businesses do not have masses of stock to dispose of. Unsold stock will become waste electronics and should therefore be disposed of via routes that avoid the black bin.

Vapes present challenges to recycling, so we need to stem the flow by targeting those that are designed to be used only a small number of times. Reusable vapes are part of a wider shift to the circular economy. I have some sympathy with the hon. Member for Christchurch on the issue of reusable, refillable—and reusable and refillable. We are trying our best not to create loopholes for creative businesses to get around. We have seen more reusable products coming on to the market in anticipation of the ban. We will promote the ban to improve awareness both for the public and retailers. We encourage shops to stop purchasing single-use vapes and to run down their current stocks. We are seeing more vape bins in supermarkets, high street retailers and garages following the changes to take-back requirements that were brought in earlier this year. That will support people to dispose of vaping products responsibly, keeping them off the streets and out of the bins.

The regulations will be subject to regular reviews, which are set out in legislation. We will have a review of enforcement and civil sanctions within three years, and a post-implementation review at least every five years. We are currently collecting baseline data on the wholesalers and retailers of single-use vapes in England to support future assessments. The Department of Health and Social Care monitors current rates of smoking and vaping through various surveys, including the periodic “Smoking, Drinking and Drug Use among Young People” survey and the Action on Smoking and Health annual surveys. We will use both to monitor the impacts on people.

On imports, if vapes are discovered at ports then Border Force can retain the products and alert the local authority’s trading standards officers. If there is evidence that greater intervention is needed at the borders, we will not hesitate to act.

[Sir Christopher Chope]

Does the Minister not share my concern? I understand that only one in 3,000 containers coming into a port like Southampton are inspected. It only needs one container to get through and there might be tens of millions of pounds-worth of vapes in one container.

[Mary Creagh]

I thank the hon. Gentleman for that intervention. A lot of public services have been run down over the past 14 years. In the Budget, there was an investment of £75 million in border security command to crack down on organised crime. Gangs often operate in multiple sectors of the economy. We need time for this new approach to intelligence gathering and sharing to bed in.