Tobacco and Vapes Bill

Mary Glindon Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

I apologise for the fact that I may not be able to stay in the Chamber for the winding-up speeches, owing to a long-standing appointment this evening.

Although smoking is the No. 1 preventable cause of death and ill health, there are still more than 6 million smokers in the country. While the Government are right to press on with the Bill in the current Parliament, I hope that it can be improved even more compared with the version presented by the last Government. It will help the country to become smokefree by 2030.

As Members may know, I am a strong advocate of vaping, and I will concentrate on that in my speech. I have witnessed many of my friends and family members make the switch from smoking to vaping, and it is my honour to chair the responsible vaping all-party parliamentary group. Vaping is 95% safer than smoking, according to both King’s College hospital and the former Public Health England, and it is the most successful tool to help smokers to quit. According to data from ASH, 3 million adult vapers are ex-smokers. I fully support the health message that those who smoke should change to vaping, but “if you don’t smoke, don’t vape”. However, we now need urgent Government action to prevent youth vaping, which has become far too prevalent in recent years. We have already heard the statistics this afternoon.

In campaigning on vaping, I have been privileged to work with the vaping industry. I was disappointed that during the passage of the earlier Bill the last Government did not engage with the industry to find the best solutions to tackle both youth vaping and the illicit trade, which is largely responsible for children and young people having access to the vape market. At a forum held recently by the UK Vaping Industry Association, its director general, John Dunne, praised our Front-Bench team for the way in which they had already engaged with the industry, whose proposals will, I know, help the Bill achieve its objectives.

Like the industry, I have always supported the introduction of a licensing scheme as a helpful tool for better enforcement of the market, helping trading standards to identify non-compliant businesses, impose tough penalties and close down premises. I do not understand why restricting the number of shops and supermarkets selling vapes increases regulatory compliance. Shops and supermarkets that sell vapes responsibly should not be penalised, and we need to ensure that specialist vaping retailers can continue to operate, especially as they provide a such a critical service in helping smokers to quit. Flavour names that appeal to those under 18 are unacceptable and must be banned, but flavours are a key factor in helping smokers to make the transition to vaping. Research shows that about 65% of adult vapers find fruit-flavoured or sweet liquids preferable. If only tobacco flavours are available, many ex-smokers will return to smoking.

According to the Government’s own impact assessment, restricting vape flavours could affect 87% of adults who vape. Hopefully, meaningful consultation on flavours will lead to a safe solution to curtail youth vaping while also ensuring that vaping is an attractive alternative for adult smokers. It may well be that increasing fixed penalty notice fines to £200 is not a strong enough deterrent to irresponsible retailers and pales into insignificance compared with the profits made from the sale of cheap vapes on the illicit market, and I hope that the Bill can be amended to increase the fine significantly so that it acts as a real deterrent to those who now happily sell vapes to children.

Keeping in mind the UK’s 6 million smokers, who need help to quit, it is important to ensure that as we bring in the strongest possible measures to prevent under-age access to vaping products, the Bill must not over-regulate and, in doing so, undermine the power of vapes as a smoking cessation tool. I have been pleased to learn recently of new technical solutions that could help the Government to end youth vaping. Current laws require age verification at the point of sale, which has fundamentally failed to stop young people getting hold of vapes. The Government could go further and require continuous age verification at the point of use.

I recently met representatives of a company that has developed open-standard technology that can be applied by all manufacturers. It meets regulatory requirements for security and privacy, and can lock or unlock a device at the point of use. Vapes on sale in the UK market could be required to have secure Bluetooth technology installed—a low-cost chip that can be integrated into vaping products. Such chips provide a simple on/off switch that can be controlled via a mobile app. Users would have to verify their age via the app, in the same way as when accessing other services. This simple and straightforward approach would mean that no matter how a child got hold of a vape, they would be unable to use it. As the process would be quick and user-friendly, it would not prevent adult vapers from using vaping products as they do currently. I hope the Minister will consider looking at this technology in more detail as the Bill progresses.

The Minister knows that I am not a lobbyist for the vaping industry—some people may I think that I am, but I can categorically say that it is not true. I do not even vape myself, but I do want the Bill to be effective. I genuinely believe that including the vaping industry as a consultee is essential to ensure that this Bill helps meet the Government’s aim of creating the first smokefree generation, and I hope that the Minister can confirm today that the industry will be consulted during the progression of the Bill.

Tobacco and Vapes Bill

Mary Glindon Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Jack Rankin]

I am assuming, to be honest, that it would be the same people who are responsible for the licensing of alcohol advertising.

All my amendments speak to the principles that I have outlined, which I think are consistent with the aims of the Bill, and for which I have received support from across the House. I hope that Members both in here and in the other place will recognise the value of my amendments and that the Government will take these concerns seriously.

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

As chair of the all-party parliamentary group for responsible vaping, I have followed the progress of the Bill closely. I will speak to new clauses 4, 6, 7 and 15, as well to amendments 36, 37 and 88, all of which stand in my name. I congratulate the Minister on her appointment and on stepping up so wonderfully to help move the Bill forward today.

Youth vaping is an enormous public health challenge that forms one of the Government’s central messages in the Bill. All of us in this place will have heard concerns from teachers and parents about the prevalence of youth vaping, and the challenges that schools face in tackling it. The Bill sets out to reduce the appeal of vaping to children, but a delicate and calculated approach must be taken when addressing youth vaping. In addressing one problem, it is incumbent on us all as legislators to not give rise to another—in this case, deterring tobacco smokers from making the switch.

We still have more than 6 million smokers to reach, and vaping is 95% safer than smoking, according to King’s College hospital and the former body Public Health England, and it is the most successful tool to help smokers to quit. According to data from Action on Smoking and Health, 3 million adult vapers are ex-smokers. There are hard yards that we still have to take to reach smokers, and I fear that the Bill, at present, is losing sight of what the evidence base says about the relative harms.

Vape flavours can play a significant role in passporting adults towards a less harmful alternative. I was pleased to see in the response to a written question I tabled that the Government recognise that flavours are a consideration for adult smokers seeking to quit. The previous Public Health Minister, the hon. Member for Gorton and Denton (Andrew Gwynne), said that

“it is important we strike the balance between restricting vape flavours to reduce their appeal to young people, whilst ensuring vapes remain available for adult smokers as a smoking cessation tool.”

A study led by the University of Bristol last year found that flavour restrictions could discourage adults from using e-cigarettes to help them quit smoking. Amendment 37, which stands in my name, seeks to strike a balance between banning flavour descriptors, which would remove flavours that deliberately appeal to children such as gummy bear and bubble gum, and allowing adults to use their smoking cessation product of choice.

Sticking on product requirements, amendment 36 would empower Ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices. These products are typically cheaper per puff, contain significantly more vape liquid and plastic content than other devices, and have a specific youth appeal. In January, the Department for Environment, Food and Rural Affairs released new guidance outlining what can be considered a reusable product, aiming to prevent the retail of vapes with superficial charging and refilling features. I believe that this should be put on a statutory footing to ensure its consistent and effective application. The Bill should be amended to clearly stipulate “one device, one tank” to prevent irresponsible actors from flooding the UK with these products following the disposable ban.

New clauses 6 and 7, which stand in my name, would introduce a requirement for retailers in England and Wales to include age verification at the point of use. While the Bill seeks to tackle youth appeal, a fundamental issue is left unaddressed. Once a vaping product leaves a shop, there is no barrier to its being used by children, but technology against this already exists. I met with IKE Tech LLC, a company that has developed low-cost, Bluetooth-enabled chips that pair with a mobile app for secure identity verification. Its technology also includes geofencing, which can disable devices in certain areas, such as schools. The new clauses would harness the potential that innovation has to offer to address youth vaping accessibility head-on.

Turning to advertising, new clause 15 would create a limited and tightly defined exemption from the new advertising restrictions for in-store promotional materials in specialist vape shops, provided that these are not externally visible and that they meet any conditions around health warnings set by Ministers. I am fearful of a situation where specialist tobacconists are given exemptions to the restrictions set out under clauses 114 to 118 but specialist vape shops are not. These vape stores provide adult smokers with important advice and product consultations in their journey away from tobacco, and I have seen that in action.

Nicotine pouches are currently only regulated through the General Product Safety Regulations 2005, meaning that there is comparatively little regulation around these products, particularly regarding nicotine strength. Nicotine pouches with strengths ranging from 70 mg to 150 mg are easily obtainable. There is a pressing need to limit the strength of nicotine to lower levels. New clause 4, which stands in my name, would ban the manufacture and sale of pouches with more than 20 mg per pouch. This would eliminate the dangerous high-strength products while maintaining a threshold that minimises adverse consequences arising from the restriction, such as smoking and illicit pouches.

Before making any regulations under part 5 of the Bill, amendment 88 would require the Secretary of State to consult

“any persons or bodies as appear to him or her representative of the interests concerned”,

instead of what is stipulated in the more limited current wording. The Bill provides Ministers with broad powers to make further regulations. It is vital that these powers are exercised in consultation with all relevant stakeholders, including public health experts, enforcement bodies, cessation specialists, retailers and industry.

As chair of the APPG for responsible vaping, I hope that Ministers will be willing to engage in the coming months as regulations are brought forward. People who do not smoke should not vape. But for those who do use tobacco, I believe that we have a duty to ensure that legislation effectively harnesses the power of vapes as a smoking cessation tool.

[Bob Blackman (Harrow East) (Con)]

It is a pleasure to follow the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon), and I congratulate her on her work on vaping and combating illegal sales. I declare my interest as the co-chair of the all-party parliamentary group for action on smoking and health for nine and a half years. I have seen the work that the Conservative Government did to combat smoking, which led to a dramatic drop, but we are not where we need to be. I commend the Minister and the Government on bringing forward the Bill, and on absorbing almost all the amendments that my colleagues and I proposed in the Bill Committee for the previous Bill to strengthen it and make it much more likely that we can achieve a smokefree England by 2030.

As has been said, the Bill will make us a world leader in tobacco control. We have always been at the forefront, but it consolidates regulation and limits the reach of the tobacco industry. We should be clear that tobacco is a uniquely lethal product that, when used as intended, kills two thirds of long-term users. Above all else, it is highly addictive and hard to quit once people are addicted. Most smokers will say that they wish that they did not smoke and had never started, and that they have had their agency removed by their addiction. By passing this legislation, we are giving choice back to young people in the future, who will avoid ever falling into that trap and the addiction that it brings.

I have tabled a number of new clauses. I think that the Minister is unlikely to accept them, but I commend them to her for further consideration. New clause 17 calls on the Government to consult on the introduction of a “polluter pays” levy on the profits of the big tobacco industry. The all-party group has championed this campaign for many years. It is supported by the Khan review, which was set up by the former Member for Bromsgrove to enable a position to be reached. Almost all its recommendations are absorbed by the Bill, as they were by the previous Bill, but some are outstanding. The “polluter pays” levy is one of them. It is supported by charities, health organisations, academics and think-tanks.

Tobacco consumption costs our society greatly. The latest data from Action on Smoking and Health estimates that smoking costs society in England alone £43.7 billion a year—far more than the £6.8 billion that is raised through tobacco taxes. That includes £27.6 billion in lost economic productivity. We heard from the Chancellor and the Secretary of State for Work and Pensions about reducing the cost of the welfare state. If we can stop people smoking, they will not become unhealthy and unable to work. They will be able to get back into the workforce and pay taxes rather than be in receipt of welfare. This is an opportunity to reduce the impact on the benefit system and improve productivity right across the UK.