Tobacco and Vapes Bill (Eighth sitting)

Mary Glindon Excerpts

Committee stage
Tuesday 14th May 2024 Public Bill Committees

[Trudy Harrison (Copeland) (Con)]

I beg to move, That the clause be read a Second time.

I am channelling my hon. Friend the Member for Sleaford and North Hykeham and her passionate work as a consultant paediatrician or, as she would say, the children’s doctor in the House. I regard her experience highly. As technology evolves, so do our habits. This new clause seeks parity for smoking and vaping, so that the same rules that apply to smoking in public places will also apply to vaping, thereby protecting non-vapers from exposure to harmful substances.

As the Minister put it, we know that vapes are not harmless, but we think that they are less harmful than smoking cigarettes. I acknowledge that there is a lack of evidence—we heard this in the evidence session last week—but I think there is also a lack of research into the evidence on the impacts of vaping. Could the Minister reassure us that evidence will be sought on the impacts of vaping, not just on those who are vaping but those who are in the vicinity of vaping products? We should be trying to prevent the normalisation of vaping products, particularly among children and other impressionable audiences. We have heard much about the principle of polluter pays, which I absolutely agree with, but it is equally important to prevent the pollution and avoid promoting polluting substances to the potential polluter. That was an awful lot of Ps.

[Mary Glindon (North Tyneside) (Lab)]

I thank the hon. Lady for giving way. She makes a strong argument but, on the other hand, Cancer Research says that there is no comparison between passive vaping and passive smoking. I know many former heavy smokers who have given up smoking and now vape, and that is one of the reasons why I am such an ardent supporter of vaping as opposed to smoking. It is awful for those people to have to go outside and stand with smokers. If people are not allowed to vape indoors, there should be a separate area for vapers. Does she not agree that such a situation sends out the message that vaping is dangerous when we need heavy smokers to give up smoking, and vaping is the best way for many of them to do that?

[Trudy Harrison]

I welcome that intervention, but we cannot ignore the trebling of the number of 11 to 17-year-olds who are starting to vape. However much the Minister says that people who are not smoking should not vape, and that no children should be vaping, that is not the reality in the communities that we serve. It is certainly not the reality in my Copeland community. I think the hon. Lady is saying that vaping helps us to fix the problem, but I am equally keen to prevent the problem. The rate at which young people are taking up vaping needs serious consideration, but we also need serious evidence-gathering to understand not only the harms that could be caused by those who are vaping in the vicinity of others, but nicotine addiction.

Tobacco and Vapes Bill (Seventh sitting)

Mary Glindon Excerpts

Committee stage
Tuesday 14th May 2024 Public Bill Committees

[Kirsten Oswald]

I am happy to speak to amendment 26, which was tabled by the hon. Member for Sleaford and North Hykeham, as a signatory to the amendment. The amendment seeks to deal with the use of fonts in any alphanumeric markings on the packaging. That would allow the Secretary of State to make regulations about the font used on the retail packaging of vaping and nicotine products.

The logic behind the amendment is that it would allow the Secretary of State to preclude vape companies from getting round the ugly packaging requirements by choosing an attractive or distinguishable font. The amendment provides helpful clarity. I appreciate that there is probably an ability to make provision on fonts in the Bill, but I am not sure that “probably” is good enough. The Committee has spoken about the need to try and stay ahead of the game when it comes to the companies, which are fleet of foot when trying to find ways of stopping us preventing the harms we are seeking to prevent.

[Mary Glindon (North Tyneside) (Lab)]

I want to speak to my amendments to clauses 61, 62 and 63, which are all in a similar vein. My amendments would bind any Government to considering whether there are people who have an interest in future regulations on vaping packaging, and if so, to consult them. The point of the amendments is consultation, which would include all stakeholders with an interest—not just the industry but those who use vaping products to help them stop smoking. While the Government and the Minister have committed to that for the first round of regulation, there is no requirement for a future Government to do so.

My amendments 62 and 63 would require the Government to consult before implementing regulations. I will not press them to a Division, but I hope that the Minister, as she said she would last week, will consider and take away everything that is being suggested. I make the plea on behalf of the industry. The vaping industry takes very seriously the notion that children should not be allowed to vape, and that every precaution should be taken to ensure that children do not vape and that vapes are used as a tool to stop smoking. I say that as a member of the responsible vaping all-party group. I have followed this for many years, and am an advocate of vaping as a tool to stop smoking. I repeat that I will not press my amendments to a vote.

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[Dame Andrea Leadsom]

Absolutely. The Bill does allow us great flexibility in these areas and, to clarify, this does include amending fonts and alphanumeric markings, which is the intent of amendment 26. The Bill already provides for that, just to be absolutely clear. That is why we do not need to take additional powers to amend aspects of the Tobacco and Related Products Regulations 2016, as suggested in new clause 10. The Bill already captures all the features that we may need to regulate, and allows that regulation to extend to non-nicotine vapes and other nicotine products.

Amendments 39 to 43 effectively place a duty on the Secretary of State to consult on secondary regulations. As stated in the House on Second Reading, I want to make clear my commitment to undertaking, on the vape regulations, comprehensive consultation regarding, but not limited to, packaging, product requirements, flavours and changes to the MHRA vape notification scheme. I want to make it clear to the Committee that, of course, prior to those regulations we will engage in comprehensive stakeholder discussions. For that reason, it is not necessary for a legal duty of consultation to be placed on the Secretary of State in relation to the regulation-making powers. That would result in a loss of flexibility and speed. There may be occasions when we will need to make minor changes, or quickly adapt to emerging products. Of course, in the vast majority of cases, consultation is the right and proper thing to do, but we do not need this to be stipulated in the Bill. For those reasons, I ask hon. Members to withdraw or not press their amendments.

Clauses 61 and 63 provide the Secretary of State for Health and Social Care with a power to make regulations about the retail packaging of vaping products and nicotine products and to introduce other product requirements for vaping and other nicotine products. Vaping is never recommended for children. It risks addiction and unknown long-term health impacts while their lungs and brains are still developing. We must not replace one generation addicted to nicotine with another. We know that giving up nicotine is difficult because the body has to get used to functioning without it. Withdrawal symptoms include cravings, irritability, anxiety, trouble concentrating, headaches and other mental symptoms, so I say to those children currently thinking, “A vape is going to calm me for my GCSEs” that it is going to do the exact opposite. We need to get that message across to children.

Despite the clear health advice, there has been a significant and alarming rise in the number of children vaping. Data shows that the number of young people vaping has tripled in just the last three years and now one in five children has used a vape. That is incredibly alarming and it is unacceptable. We heard, in our vaping call for evidence, that children are attracted to vapes by the brightly coloured packaging and the use of child-friendly images such as cartoons. The hon. Member for Birmingham, Edgbaston gave very good examples. Research on vape packaging has shown that reduced brand imagery can decrease the appeal to young people who have not previously smoked or vaped, and can do so without reducing the appeal of vapes to adult smokers trying to quit. To protect children from potential health harms of vaping, we must reduce the ways in which vaping appeals to them, and do so without impacting on adult smokers.

[Mary Glindon]

I am not sure whether this is the appropriate moment for this question, but the Minister is making such a good case for making vaping unattractive and stopping vapes being available to children that I want to ask whether she has considered the idea of the licensing scheme that the vaping industry has put together—I believe that it has been presented to the Government before, although perhaps not to the Minister, in her position—which it believes will control who sells and supplies vapes and provide a vast sum to support greater enforcement. I just ask that, incidentally, as a question that the Minister may be able to answer.

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[Mary Glindon]

My amendments to clauses 71, 72 and 73 are self-explanatory and I do not wish to detain the Committee on them any longer. The key to them all is that they would require the Government to consult on the new powers they are taking with these regulations.

Tobacco and Vapes Bill (Sixth sitting)

Mary Glindon Excerpts

Committee stage
Thursday 9th May 2024 Public Bill Committees

[Dame Andrea Leadsom]

Again, I appreciate the sentiments expressed and associate myself with all of them. The hon. Member for York Central requested that we put in primary legislation that vapes must be behind the counter. It is clear from the impact assessment and the consultation that that is the intention. However, as my hon. Friend the Member for Sleaford and North Hykeham points out, the reason for taking the powers is that doing so allows us to stay ahead of the next place they might be sold, for instance outside the shop, on a bus or outside a school—we can imagine all sorts of other ideas. It is important to have the regulations to get ahead of other ideas, rather than saying, “They shall be behind the counter.” That is why we are taking regulatory powers right across the Bill, so that answer holds for all the areas in which we are taking powers: we are taking them to stay ahead of an industry that has shown itself to be very imaginative and brutal in its determination to addict children. We need to stay one step ahead, and that is the plan.

[Mary Glindon (North Tyneside) (Lab)]

Something has occurred to me rather later than sooner, as things often do. Vape shops are prolific in our town centres. Can anything be done to limit young people’s access to those shops, for instance a minimum age of entry, so that no one under 18 should be on the premises? I do not think that we have thought about that hitherto in our discussions.

[Dame Andrea Leadsom]

I appreciate the hon. Lady’s suggestion, and I will take it away and look at it. The immediate thing that springs to mind is that if someone is out with their children, it is difficult for them to say, “You stand out there; I am going in.” That could give parents concern. I take the point that, in a vape shop, someone cannot say, “Go and look at the toys while I choose my vapes,” but I can imagine all sorts of objections from a practical point of view. However, I will take the suggestion away and reflect on it.

[Mary Glindon]

Is it not the case that children are not allowed in bookies and betting shops? That is perhaps a similar situation.

[Dame Andrea Leadsom]

As I say, I accept the hon. Lady’s point and will reflect on it.

The broader point is that there is obviously a balance here. We want to exclude vapes from children, but we do not want to exclude vapes from adults who want to quit smoking, because that is the real prize that we are seeking to hang on to. The more difficult we make it for adults to access vapes as a quit aid, the more we are discouraging adults who, we have all agreed—violently—we want to stop smoking. That is the killer.

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[Dame Andrea Leadsom]

My hon. Friend is exactly right, and I will run through the levels of fines for the benefit of hon. Members.

[Mary Glindon]

Is not the whole point of having fines that they act as a deterrent? We do not want lots of people just paying £100 because it is manageable. The thought that they may have to find £200 on the spot could be more of a deterrent. The reason we have these fines in the first place is that they act as deterrents, is it not?

[Dame Andrea Leadsom]

I completely agree; the hon. Lady makes a good point. What people would see as a deterrent is an open question. I would see a £100 fine as a deterrent; I do not have £100 in my purse, so I would have to go to the cash point. I would not be keen to do that, and Members of Parliament earn quite a bit more than most retail workers. That is the truth of it. I actually think that setting the fine in line with the £90 fine for the offence of selling alcohol to someone under age is quite a material deterrent.

Tobacco and Vapes Bill (Third sitting)

Mary Glindon Excerpts

Committee stage
Wednesday 1st May 2024 Public Bill Committees

[Angela Richardson]

Q Can I follow up quickly? Nicotine is having an impact on babies; we heard from teachers about nicotine having an impact on young children when they are in school. Obviously, other substances are involved in tobacco smoking. Do those other substances cross through the placental barrier, or is it just the nicotine?

Kate Brintworth: It is all of it—all the elements. In some babies born to smokers, the children can almost suffer withdrawal symptoms and be jittery and restless in the neonatal period because they themselves are having to go through that withdrawal that is so difficult to enact. We also know of the numerous chemicals—arsenic, carbon monoxide—all of which are toxic to infants, so in no way would you want to distinguish out. It is a whole package of things, all of which we would like pregnant women and babies not to be exposed to.

[Mary Glindon (North Tyneside) (Lab)]

Q We hope that this really important Bill will prevent future generations from smoking. In your professional opinion, what impact can the Bill have on that stubborn figure of 6.4 million people who currently smoke? What in the Bill can help those people? It is such a high figure; when you describe the kinds of illnesses and what happens to pregnant women who smoke, it is horrifying.

Professor Sir Stephen Powis: Over time, this Bill will lead to the eradication of an addictive condition that causes the immense harm that we have described. But of course, that will occur over time, so it is also important that we continue with a range of other measures to encourage those not immediately impacted by the raising of the age of sale of tobacco products to cease smoking.

We have a number of smoking cessation programmes within the NHS, which was part of our ambition in the long-term plan for the NHS five years ago. We have been rolling out and supporting those services within hospital settings, and we should continue doing that. Of course, local authorities should also continue their work in supporting smoking cessation. Much of that is also targeted at women who are pregnant.

Part of that work is also supporting staff. Smoking rates across the 1.3 million or 1.4 million people employed within the NHS are lower than across the general public, but we nevertheless continue to see NHS staff who smoke. It tends to be in the lower pay grades within the NHS, but of course for all sorts of reasons we would like that rate to come down. Obviously there is the health benefit, but also, as you all know, smoking causes illness, illness causes absenteeism and absenteeism is a cost to the NHS. Although, as I said, we strongly support the Bill, it is important for us within NHS England and the wider NHS to continue to take other measures and put in place other programmes that will assist the public and our own staff to quit cigarettes.

[Trudy Harrison]

Q Thank you both for powerfully and poignantly outlining the preventable impacts of smoking-related disease and illness on adults. I want to ask about pregnant women. In Cumbria, 12.3% of women at the point of giving birth say that they are smoking. Given the evidence-based proof, why is that still the case? I am left asking why we have we left it so long to have these conversations and bring the Bill forward.

I would like to understand the power of addiction to be able to make the point that this is a pro-choice Bill. It will give women more choice against that addiction that they are enduring at the most important point of their lives, when they are unable to make that choice for themselves.

Kate Brintworth: I absolutely agree with you. As I have said, pregnant women go to extraordinary lengths to protect themselves and their babies. They change what they eat and drink and how they behave in myriad ways to ensure that they are doing the right thing, yet it has proven very difficult to shift the figures you describe—I think nationally it is a little over 7% of women who are still smoking. That is a poignant demonstrator of just how difficult it is and how addictive nicotine is, when all women want to do is the right thing for their children. That is why all the chief nursing and midwifery officers across the four countries are united in support of the Bill, as our medical colleagues are, because we see the damage wrought across families and generations. We are 100% behind it.

Professor Sir Stephen Powis: It is important to re-emphasise the point made repeatedly by the chief medical officer for England: smoking and nicotine addiction takes away choice. When you are addicted, you do not have the choice to simply stop doing something. It is an addiction. It is a set of products that removes choice, and in removing that choice, people are killed.

Tobacco and Vapes Bill (First sitting)

Mary Glindon Excerpts

Committee stage
Tuesday 30th April 2024 Public Bill Committees

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

I am a practising psychologist, and I also chair the all-party parliamentary health group.

[Mary Glindon (North Tyneside) (Lab)]

Sir George, do we have to declare our memberships of any groups? I am a member of the all-party parliamentary group for responsible vaping.

[The Chair]

Well, whether it was required or not, you have now done it.

Tobacco and Vapes Bill (Second sitting)

Mary Glindon Excerpts

Committee stage
Tuesday 30th April 2024 Public Bill Committees

[The Chair]

Thank you. There are four minutes left and three people have already caught my eye, so short questions and short answers please, colleagues.

[Mary Glindon (North Tyneside) (Lab)]

Q It is always great to see you and your enthusiasm shows through. We are very grateful for what you do in the north-east with Fresh and Balance. Does there need to be some kind of balance—no pun intended—between education and enforcement in order to make this a successful campaign, and to make the Bill as successful as we all want it to be?

Ailsa Rutter: We have a really good track record over the last two decades of collaboration and cross-party working, with fantastic support from civil society, the NHS and local authorities. The previous legislation has gone through really well, overall, because we have worked together to build up public awareness and support. It is really important that we have adequate resourcing for our important professional groups, such as trading standards.

For me, it is about the communication, the vision and the narrative that we can set. Undoubtedly, if we can get this through, it will not just stop a whole new generation starting; we also know that it will trigger many people to think, “You know what? I am going to give it another go. I am going to try to quit.” We know that it can take people many attempts to quit for good. That is why it is really good that this is being backed up by additional investment in the important stop-smoking support systems and in our NHS trusts.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

Q We heard this morning that some individuals and families had misinformation about vaping. We were given the example that, where the flavour is grapefruit or another fruity flavour, people might think that it is actually beneficial for children to be using vapes. Should we tackle those types of flavours and do more in terms of education, to make sure that families are aware that just because something has a fruity flavour, that does not necessarily mean that it is good for their health?

Ailsa Rutter: I note the aspects of the Bill that deal with flavours. We absolutely think that more should be done on the descriptors. We wholeheartedly agree that some of the description is completely inappropriate. However, flavours play a really important role. For example, in our mental health trust, it is the fruit flavours that have got addicted smokers to stop. I genuinely have not heard that come up in the north-east—parents thinking that it is somehow healthy for a young person if it has a fruit flavour. What is wrong, though, is when it is in a packet called “Unicorn bubbly shake” or whatever, with a cartoon image on it. Those are things that we should look at addressing.

On vaping by young people in the north east, I want to make the point that we need to be careful about the data. Sometimes people say that all young people are vaping, but the evidence does not stack up. All of our local authorities do health behaviour questionnaires and, across the board, around 10% occasionally vape. I am not at all saying that we should be happy with that, but the risk of a public narrative that all young people are vaping is that we inadvertently promote it as a norm. Schools North East—

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[Dame Andrea Leadsom]

Q May I just clarify, then, that your members support the uplift in age, year on year? As you will no doubt be aware, there are some who challenge that and say, “Well, it shouldn’t keep escalating,” but the British Retail Consortium does support the idea of the increase, year on year, of the smoke-free generation, as so many of our other expert witnesses have done today. Would that be right? I do not want to put words in your mouth.

Adrian Simpson: It was definitely a point that came up quite a lot when we were debating this with members themselves. I would say that we are cautiously welcoming it, just because it will then bring about a level playing field for all retailers—because we know that these measures are not necessarily directed at our members, who are, as I say, in the legitimate, responsible retail sector. It will bring about a level playing field but, as I say, we might still need to see how it would operate in practice, I suppose, before we give it our wholehearted support.

[Mary Glindon]

Q I was just searching for a quote, which I think I cited in a debate last year, about a survey that had been commissioned about buying vapes. Out of the 28 vapes that were bought, 25 were illicit vapes. I presume that those are from places that are not responsible retailers—they clearly are irresponsible if they sell those. Are there a lot of retailers that do not subscribe to your organisation where this sort of thing could be occurring? If that is the case, how can we encourage them to become responsible retailers and join the consortium? What should be done? Do you try to reach out to retailers that you know are perhaps not the best and that you would like to see engage with your organisation to help to prevent this kind of illicit sale?

Adrian Simpson: Exactly. Our membership is predominantly the household-name retailers—the large retailers; the ones that certainly would not be selling illicit vapes. We have comprehensive supply chains, and our members put a lot of effort into making sure that their supply chains are operating with integrity, so that illicit products cannot enter them. I have not seen that report, but my feeling would be that the sellers mentioned in it are highly unlikely to be members of a reputable trade organisation. They might be ones that would not be looking for the same standards that our members would operate to.

[Dr Cameron]

Q Do any of your members worry that they might get into some bother if they think that someone looks a bit older than they are, and they do not ask them for identification? I am just wondering what sort of training would be beneficial, because you mentioned that you were looking to put in place training prior to this going through.

Adrian Simpson: A lot of the training done by our members has been put together with the help of trading standards’ services, so there is a lot in there about the law, but also about what perhaps is termed the soft skills—how to deal with the aggression, and with violence as well. Of course, this is a high-profile issue, and it is one of the top priorities at the British Retail Consortium as well.

We know that, with new rules, new regulations and new opportunities to challenge consumers, there will always be some resistance from consumers. We will certainly make sure that all our colleagues working in our members’ stores are given all the support they need to deal with any potential aggression or any bother, and our members will comply with whatever the law says. They will not let someone who should not buy a product buy it just because they are worried, or something like that. They will follow whatever the in-store procedures are and the training from the work with trading standards.

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[Trudy Harrison]

Q You have expertly explained the concerns around plastic pollution from vapes, but what do we know so far about the impacts on nature and biodiversity from cigarette butts? Also, are you aware of any concerns about the air pollution risks on biodiversity from cigarettes?

Laura Young: This may be something that has gone under the radar: the No. 1 item littered is cigarette butts, particularly when you look by number. They have a huge environmental impact, particularly because plastic is inside the filters, and the filter is the butt that is let behind. Although there has been a lot of campaigning around the environmental impact of vapes, there have been amazing efforts to raise awareness of the environmental issues around tobacco by organisations like ASH Scotland and the Marine Conservation Society, one of which I know has already given evidence.

Globally, we also need to look at this as a huge industry. Of course, kind of like any other industry, they need to be looking at their footprint and their sustainability measures. We know of course that air pollution is absolutely key to the conversation, and that has an impact as well on wildlife and biodiversity. Neither tobacco or nicotine products, such as vaping, are good for the environment; they are very harmful to the environment. We are just beginning to see those harms with disposable vapes in particular, but we know that cigarette butts have had a longstanding impact on the environment. They are also just a nightmare to collect. They are so small and so problematic. On beaches, you will see them as much as you see sand. We definitely need a lot more action across both those sectors.

[Mary Glindon]

Q The concerns about the environment are important, but the other issue about banning the use is that it sends out a message that vapes may not be safe. I know a lot of vaping companies are trying their best to see how vapes can be disposed of safely. They have these new vapes where they are disposable, but they are not single use. Do you think there could be any alternative to a ban? Do you think a ban might deter people from giving up smoking because they think that because vapes are banned, they are not good for you? It is a complicated discussion to have about what should be done. Do you want to comment on some of the things I have said?

Laura Young: Absolutely. The first thing to remember is that vaping is not good for you. It is slightly better than smoking, but let us definitely not push the message that it is good for you.

On disposables, that is something I got to see first hand just last week. Only one place in Scotland has the capacity to recycle disposable vapes or any vapes at all. From watching that process, it takes an individual staff member with personal protective equipment under a ventilation hood—if you remember chemistry from when you were at school—pulling them apart manually with pliers. They separate the parts of the vape out and put lots of it to the side because it cannot be recycled, and they take away things like the battery, covering it in this special type of tape to ensure that it does not combust and burn, because of course lithium is very explosive. The whole process of recycling one vape takes over a minute for one member of staff. It is a huge cost, and it is not an economically viable piece of WEEE—waste electronical and electronic equipment—to recycle.

We know that only a tiny number of vapes are actually being recycled. If all five million a week that are currently being thrown away in the UK were sent to recycling centres, it would be a huge cost to local authorities, which often are the ones collecting them, and it would take a lot of infrastructure and people hours to process them.

I will just say that nobody wants to ban things—I certainly do not want to ban things. Nobody started by saying, “Here, these seem like a bit of an issue. Should we ban them?” We actually went through the process of asking all the questions that you and many others have asked. What are the solutions? What can we do? How can we raise awareness?

Unfortunately, with an item that is just so damaging and dangerous and is the complete opposite of a circular economy, which is what we are trying to achieve, they just cannot exist. Disposable electronic devices should not exist, and that is really important. It is our job—the rest of us—to ensure that the public health messaging comes across clearly, which is, “One of the main reasons we are banning these is the environmental impact and youth access, but we still want to help adult smokers quit smoking and move to really just breathing fresh air. We want to move them completely away from tobacco and nicotine products.”

[Mary Glindon]

I would just like to say that vaping is 95% safer than smoking.

[Dr Johnson]

Q I proposed a ten-minute rule Bill to ban disposable vapes last February, so I am delighted to see that the Government have brought in an statutory instrument to do exactly that. I am disappointed, but not surprised, to hear you say that industry is doing its best to circumnavigate the regulations before they are even brought in.

I have two questions. First, how do we ensure that the regulations are flexible enough for us to be able to stay ahead of such measures? Secondly, could you say a bit about the effect on wildlife? My hon. Friend the Member for Penrith and The Border (Dr Hudson) has talked about puppies picking these things up in their mouths and the danger they can pose if the puppies bite into them. Could you talk a bit more about the danger that they pose to wildlife when they are thrown away?

Laura Young: Of course. On the regulations, I think that we have to think creatively and innovatively about some of the workarounds that might be being used. We are already seeing charging ports just being popped on the bottom. Of course, that might mean that the battery can be recharged a few extra times, but if it cannot be refilled with the solution, it is still, in practice, a single-use item and will have to be thrown away eventually.

The issue is about ensuring that we look at the builds and make sure that they are modular and that the circular-economy principles that we want to achieve are set in stone. I think that that means working as best as possible with the retailers and the manufacturers—although that will be really difficult—and looking to other initiatives, whether that is single-use plastics bans or treaties on plastic, one of which has just come to an end globally, to see what we can do.

I will tell you a story about the wildlife. A wildlife photographer, a birdwatcher, was taking some images of a marine bird doing a very normal activity, which was picking up a shellfish—what looked like a razorfish—and dropping it from a height to smash it open to get some delicious dinner. But after this young gull had failed multiple times, this photographer realised that, unfortunately, what it was actually picking up and dropping was a disposable vape. We are seeing not only domestic animals, such as cats and dogs and things that we love as pets, getting hold of disposable vapes and potentially breaking them open, but actual wildlife being impacted—picking them up, thinking they are shells on the beach, and trying to eat what is inside them.

That is just from the very short time that we have been paying attention and looking out for this, and from keen birdwatchers capturing it, so we know that there will be extensive wildlife impacts. We are only now scrambling around to try to find more evidence, but we know that it is already happening, and that that is just one example. The photographs are on Twitter, if anyone did want to go and find them. It is sad, but it is definitely the reality of what we are seeing.

Tobacco and Vapes Bill

Mary Glindon Excerpts

2nd reading
Tuesday 16th April 2024 Commons Chamber

[Mary Glindon (North Tyneside) (Lab)]

It is right that the Government bring forward this legislation, but I remind the House that Labour first proposed outlawing the sale of cigarettes to the next generation over a year ago. It is good to see the Government playing catch-up.

Fresh and Balance, the award-winning north-east regional programme dedicated to tobacco control, has found that 73% of adults in our region support the Government’s proposals. Its director, Ailsa Rutter, said in support of the Bill’s progress:

“Most people who smoke get addicted young… This is about giving our next generation a life free of a cancer-causing addiction which…ends-up killing 2 out of 3”.

It is very concerning that the Government are estimated to be seven years behind their 2030 smoke-free target, and not on course to meet it in the most deprived areas of our country until 2044.

I want to concentrate on one of the best tools to help smokers quit, which can contribute to the smoke-free target: vaping. Colleagues may know that I am a strong advocate for vaping as a way for adults to quit smoking. I am also an officer of the all-party parliamentary group for responsible vaping. As such, for the past few years I have worked directly with the industry to promote vaping as an alternative for those who want to give up smoking. I grew up in a household where both parents smoked, but in recent years I have seen so many relatives and friends, including my late husband, make the switch from being heavy smokers to using—I stress this point—safe vaping products.

Every minute, someone is admitted to hospital due to smoking. Someone dies from a smoking-related death every eight minutes, and more than 6.5 million adults still smoke. Although it is not risk-free, vaping is 95% safer than smoking. However, I would never advocate that someone who did not smoke, or who had never tried to smoke, should start vaping. I stress that vapes are a tool for helping smokers to quit. It is unequivocal that under-18s should not use or have any access to vape products. Youth vaping is a major area of concern. It is shameful that in 2021 the Government voted down a Labour amendment to the Health and Care Bill.

The rise in young people using vapes is of great concern to the legitimate vaping industry in this country. Everyone realises that something needs to be done to stop this trend, especially as existing laws are not being enforced. One in three vapes sold in UK shops is estimated to be illicit, so it is imperative that the Government act against the illegal vapes market. The industry itself has put forward many good proposals to prohibit the sale of vapes to minors, halt the illegal market and support the view that vaping should be a tool for smokers to quit. The industry produced a set of proposals to amend the Tobacco and Related Products Regulations 2016, to ensure that packaging and marketing are regulated and not aimed at children.

I would like to share the view of the UK Vaping Industry Association, in the hope that its observations may be considered as the Bill progresses. A major concern is that the impact assessment report by the Department of Health and Social Care fails to consider the potentially detrimental effects of restriction on current vape users and smokers looking to switch. It is important that the regulatory measures are thoroughly assessed to ensure that they do not inadvertently hinder smoking cessation efforts and lead to an increase in tobacco-related harm. I support the industry’s call to include a vape retailer and distribution licensing scheme in the Bill. The industry has developed a comprehensive framework for such a scheme, which is designed to deal effectively once and for all with the issue of under-age and illicit vape sales, a situation the industry believes will only get worse given the predicted rise in black market sales as a result of the proposed ban on disposable vapes.

I make a plea for the Government to consult more closely with the industry than they have done in the past to ensure that a workable regulatory and legislative change can be made. It is worth reminding the House that, according to the Office for Health Improvement and Disparities, the best estimate shows that e-cigarettes are 95% less harmful to our health than normal cigarettes and, when supported by a smoking cessation service, help more smokers to quit tobacco altogether.

Building an NHS Fit for the Future

Mary Glindon Excerpts

Monday 13th November 2023 Commons Chamber

[Mary Glindon (North Tyneside) (Lab)]

It is a pleasure to follow my hon. Friend the Member for City of Durham (Mary Kelly Foy); I will definitely follow on her theme. Colleagues may know that I am a strong advocate for vaping as a way for adults to quit smoking. As one of the vice-chairs of the APPG for vaping, the tobacco and vapes Bill announced in the King’s Speech is of great interest to me. I have seen so many of my friends and relations in North Tyneside make the switch from being heavy smokers to using—I stress this point—safe vaping products. I again stress the message that comes from the Department: “If you smoke, change to vaping. If you don’t smoke, don’t vape.”

Someone dies from a smoking-related death every eight minutes, as my hon. Friend just said. While not risk free, vaping is 95% safer than smoking, but there are still more than 6.5 million adult smokers in the country who have not been able to quit smoking or change to vaping. Vaping is the most effective tool that the UK has to achieve the goal of a smokefree 2030, and it is crucial that the Government continue to promote these products to existing smokers so that they can transition to a less harmful alternative.

In 2022, King’s College London restated that vapes are 95% safer than smoking, and switching to vaping was a critical recommendation of last year’s Khan report, “Making smoking obsolete”. It is unequivocal that under-18s should not use or have any access to vaping products, but despite the Government’s announcement to tackle youth vaping, it remains a major concern, and far more needs to be done to address the issue. Had the Government accepted the amendment proposed to the Health and Social Care Act 2022 by my hon. Friend the Member for City of Durham in 2021, there would have been strict regulations to stop vapes appealing to children and we would not have seen the trebling in the number of children vaping in the past two years. Measures are specifically needed to target rogue manufacturers and retailers. Ultimately, Trading Standards needs to have the resources and powers to enforce the law.

Since entering the UK in 2021, disposable vapes dominate the vaping market, with 70% of disposable vape sales generated by new vape users, but we are now seeing a whole new raft of consumers—schoolchildren attracted by low pricing, bright colours, sweet flavours and packaging replicating the branding of well-known confectionery, soft drinks and much more.

According to the latest figures highlighted by the Chartered Trading Standards Institute, more than 138 million disposable vapes are sold every year, and with one in three products being potentially non-compliant, that is more than 45 million non-compliant products being sold here every year. Figures also revealed that 1.4 tonnes of illegal vapes were seized in the last six months of 2022 in the north-east of England alone, with Trading Standards officers across the country working tirelessly to try to combat the tidal wave of non-compliant vapes.

In 2022, JTI UK commissioned tests on a variety of popular disposable vapes in the UK. The results discovered that 25 out of 28 products were not legally compliant, as they all exceeded the e-liquid volume and nicotine strength limits mandated by law. The Government must ensure that regulations are effective in targeting rogue vape producers and retailers, not the manufacturers who are making and selling them responsibly.

While the sale of vapes to children is the major concern, it is vital that the Government do not introduce restrictions that result in fewer smokers turning to vaping products. According to Action on Smoking and Health, 40% of smokers incorrectly believe that vaping is as or more harmful than smoking. It is critical that all e-cigarettes and e-liquids, including product, packaging and marketing communications, do not appeal to minors by prohibiting imagery, flavour names and descriptors, and environment or objects that are typical of the world of children and youth, such as comic or cartoon characters, toys or sweets.

It is also important that the Government ensure vapes appeal to adult smokers, maintaining a low price point and flavours that are specifically aimed at adults. Part of the reason that vaping has been so successful in helping smokers to quit is that it is significantly cheaper than cigarettes. Should a tax be imposed on these products, they will move out of the price range of lower-income households and become relatively less attractive to smokers. That must not be overlooked as the areas with the highest smoking rates are often some of the UK’s poorest.

The UK Vaping Industry Association does not believe that an increase in price will stop youth vaping. It is already predicted that as many illegal vapes are sold as legal ones, and if the price of legal products is increased, more and more children will revert to buying illicit products. Flavours also play an important role in helping smokers to quit. According to a survey published by OnePoll, 80% of vapers seeking to quit smoking considered the availability of flavours. Additionally, 74% of respondents noted that flavoured vapes had been helpful in their efforts to quit smoking.

A balance has to be struck. Banning disposable vapes is not and should never be the answer. Disposable vapes are pivotal in providing an accessible way for smokers to try vaping before investing in vapes.

To conclude, I hope the Government’s response to the consultation is successful and that the next Labour Government and the NHS, under the reins of the shadow Secretary of State for Health and Social Care, my hon. Friend the Member for Leicester West (Liz Kendall), will go in the right direction and implement all the necessary regulations.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the shadow Secretary of State for Work and Pensions.

Under-age Vaping

Mary Glindon Excerpts

Wednesday 12th July 2023 Commons Chamber

[Mary Glindon (North Tyneside) (Lab)]

It is a pleasure to follow the right hon. Member for Romsey and Southampton North (Caroline Nokes), who made such a common-sense and honest contribution. I think everyone appreciated it.

Colleagues may know that I am a strong advocate for vaping as a way for adults to quit smoking. I am also a vice-chair of the all-party parliamentary group for vaping, so I have a lot of experience of speaking directly with the industry. Much of what I say today comes from what the industry itself is feeling and how it sees the problem of children vaping.

I have seen so many friends, and my late husband, make the switch from being heavy smokers to using—I stress this point—safe vaping products. Every minute, someone is admitted to hospital due to smoking. Someone dies from a smoking-related death every eight minutes. Pertinent to this debate remains the fact that, while not risk-free, vaping is 95% safer than smoking. More than 6.6 million adult smokers in this country have not been able to quit smoking or make the change to vaping. However, I would never advocate that someone who did not smoke or had never tried to smoke take up vaping. That is not the way forward. Vaping must be a way to quit smoking.

Like my colleagues, I support the motion. It is unequivocal that under-18s should not use or have any access to vape products. However, despite the Government’s announcement to tackle youth vaping, it remains a major concern. Far more needs to be done to address it, and as we have heard, the trend is at epidemic levels. There is nothing more heartbreaking than walking up the street or being on public transport and seeing very young people at a bus stop or gathered on the street with a vape in their hand. It saddens me, it really does.

Measures are needed specifically to target rogue manufacturers and retailers. Ultimately, no vape should appeal to a minor. Trading standards really needs the resources and the power to enforce the law. A lot of what I am saying is also what the industry is telling me it supports, whether it is the vaping industry or even tobacco firms. I know many people really do not want to hear anything from tobacco firms, but in relation to vaping we should listen to some of the things the industry itself is suggesting.

One of the most effective measures to limit youth access to vapes is surely enforcing strict age verification across all retail channels, including online platforms. Retailers are required by law to operate age verification systems to prevent the sale of vape products to anyone under 18, but some retailers, we know, do not enforce those regulations effectively. Online retailers must also have a stringent age verification process in place to prevent under-18s accessing vape products. We know that retailers can get No ID No Sale! and Challenge 25 resources. They should make use of those resources if it helps them to challenge under-age sales.

The advertising and promotion of vape products is tightly regulated in the UK. However, some irresponsible online and social media marketing can and inevitably does still reach young people, with the results we are now seeing. The Government must strengthen online and social media regulation. No e-cigarettes and e-liquids, including product, packaging and marketing communications, should ever appeal to a child. We could do something about imagery, flavour names and anything else that relates to the world of children and young people, such as comic icons, cartoon characters or sweets. That must be clamped down on. At a minimum, all e-cigarette packaging could be inspected as part of the Medicines and Healthcare products Regulatory Agency’s notification process before a product can be placed on the market. Law enforcement mechanisms should also be reinforced, with fines and penalties reflecting the seriousness of the offence. This could be achieved by aligning fines with those relating to tobacco products. His Majesty’s Revenue and Customs has recently been given the ability to issue on-the-spot fines of up to £10,000. That should be extended to trading standards.

The UK Vaping Industry Association supports all those measures. Recently, John Dunne, the director general of the UKVIA, appeared before the Health and Social Care Committee. He stressed that the Government should take “extreme action” to discourage anyone from selling to children. He reinforced the call for fines of £10,000 per instance, a licensing scheme for vape retailers, robust age verification, and greater powers to check packaging and product designs for potentially child-appealing designs.

[Dr Neil Hudson (Penrith and The Border) (Con)]

I am very grateful to the hon. Lady for giving way. My apologies, Mr Deputy Speaker, for arriving midway through the debate. I was speaking at the all-party parliamentary group on suicide and self-harm prevention.

The hon. Lady is making an impassioned speech. On limiting access to young people, when adults go to the counter to buy tobacco products they are behind black and grey metal cabinets. They are not brightly coloured and so on. Would that not be a starting point? We could get vaping products hidden behind those black and metallic cupboards, so they are not, as my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) said, all glossy and appealing at the checkout? Would that not be a starting point?

[Mary Glindon]

I do think it would. I also think vaping products are currently an attraction for shopkeepers to get people into their shops, especially young people—a bit like when alcopops were put on the front shelf. It is brilliant idea and one I hope the Minister will hear. I wish I had thought of it.

John Dunne also urged the Government to look at the new Irish laws, whereby retailers convicted of selling to children can be jailed. Should we go that far?

Since entering the UK in 2021, disposable vapes have come to dominate the market, with 70% of disposable vape sales generated by new users. Children are attracted by their branding, bright colours and sweet flavours. The latest figures from the Office for Health Improvement and Disparities show that in England youth vaping has doubled, from 4% to 8.6%. According to the latest figures highlighted by the Chartered Trading Standards Institute, more than 138 million disposable vapes are sold every year, and more than one in three products is potentially non-compliant, which means that more than 45 million non-compliant products are being sold each year. Figures have also revealed that in the last six months of 2022, 1.4 tonnes of illegal vapes were seized in, I am ashamed to say, the north-east of England alone. Trading standards officers across the country are doing their best to combat this tidal wave of non-compliant vapes. In March 2002, the tobacco company JTI UK commissioned tests on a variety of popular disposable vapes in the UK, and discovered that 25 out of 28 products were not legally compliant as they all exceeded the e-liquid volume and nicotine strength limits mandated by law.

Although the figures are stark, I do not advocate banning disposable vapes, but regulation must be tightened. For some people on low incomes, disposable vapes are an affordable way to kick the smoking habit. We do not want to send a message that vaping is bad, because we want some of those 6.6 million people to stop smoking by switching to vaping. Despite the Government announcing measures to tackle youth vaping, it is still a major problem and much more needs to be done to combat it. The Government must ensure that regulations are effective in targeting rogue vape producers and retailers, and not the elements of the vaping industry that are trying to sell responsibly to adults. We have to make sure that vaping remains accessible by adults who are trying to stop smoking.

The industry has produced a set of proposals on amending the Tobacco and Related Products Regulations 2016 to ensure that all nicotine and non-nicotine e-liquids are regulated in the same way, and that all e-cigarettes and e-liquids, including their product packaging and marketing communications, do not appeal to minors, by prohibiting the imagery we have heard about today. To complement that, all e-cigarette packaging should be inspected as part of the MHRA notification process before products can be put on the market. Law enforcement mechanisms should be reinforced with the fines and penalties that have been suggested, including the £10,000 fine, and the power to impose penalties should be extended to trading standards. That would be a practical way for them to help tackle this problem. We all know that trading standards need more resources than the Government have promised, given the sheer scale and scope of their work and the specific problem of youth vaping.

The Government have a clear opportunity to address youth vaping with its recent consultation. Clear steps must be taken to ensure that only safe and responsible vapes are available on the market, and that sufficient enforcement measures are in place to ensure that children are not targeted. It is the job of Government, the industry and enforcement agencies to work together to create a regulatory framework that acknowledges the important role vapes play in providing support for adult smokers to quit and prevents their appealing and being accessible to under-18s. The time for action is now. The Minister and the rest of the Government must heed today’s debate.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I thank the many right hon. and hon. Members who have made a valuable contribution to this afternoon’s debate. I will respond to the issues they have raised throughout my remarks.

I will start, without dismissing many of the concerns we have heard, by reiterating the importance of vapes in helping smokers move to healthier alternatives than cigarettes. Vapes are helping us to reach our smokefree 2030 target. There are currently about 3.5 million vapers in England, 47% of whom are ex-smokers and 39% of whom are dual users. The best thing, obviously, is for a smoker to stop smoking completely, but as shown in the recently published “Nicotine Vaping in England” report, there is clear evidence that vapes are substantially less harmful to health than smoking. With around 3 million users, vapes have become the most popular quitting aid in England and evidence indicates that they can help smokers to quit, particularly when combined with additional support from local stop smoking services.

That is why, in April this year, the Government announced a range of new measures to meet our smokefree 2030 ambition and reduce youth vaping. We have 1 million smokers who will be encouraged to swap their cigarettes for vapes through a new national “swap to stop” scheme, the first of its kind in the world. Pregnant women will be offered financial incentives, in the form of vouchers, to help them to stop smoking, alongside behavioural support. We will also consult on introducing mandatory cigarette pack inserts with positive messages and information to help people quit smoking. It is important to point those out, as the hon. Members for North Tyneside (Mary Glindon) and for Ealing, Southall (Mr Sharma) did.

[Mary Glindon]

Will the Minister confirm that the statement made in the 2015 evidence update by Public Health England, that vaping is 95% safer than smoking, remains valid today?

[Maria Caulfield]

I thank the hon. Lady for that point, which my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) also raised. The 2015 evidence study was indeed conducted by Public Health England. The most recent evidence we have, from 2022, does not give that precise figure; it does emphasise that vaping is safer than smoking, but does not indicate by how much.

As the debate has made clear, despite vaping’s effectiveness as a tool to quit smoking, illegal under-age vape sales are a growing concern for many parents and teachers across the country, and vaping has increased rapidly among under-18s in the past 18 months. The recent rise in teenage users shows that vapes are being used beyond their intended audience. As my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) highlighted, there are multiple reasons for that, but whether it is packaging, naming or flavouring, the unintended consequences are clear. As my hon. Friend the Member for Broadland (Jerome Mayhew) pointed out, these consequences are not necessarily easy to deal with, as there may be unintended consequences of doing so—for example, tax increases on vapes might prevent people who want to give up smoking from doing so. There are no easy solutions, so we need to take our time before making further decisions. That is why in April we launched a call for evidence on youth vaping. It closed last month, and officials at the Department have begun to examine the responses. We will set out our response in the autumn.

Other speakers, such as my hon. Friend the Member for Erewash (Maggie Throup) spoke about why it is so important that we consider going further. My hon. Friend the Member for Sleaford and North Hykeham, who speaks with considerable experience, pointed out that this not a party political issue, but a cross-Government matter, with the Department of Health and Social Care dealing with safety, the Department for Education providing advice to children, the Department for Culture, Media and Sport dealing with the role of advertising, and the Department for Environment, Food and Rural Affairs dealing with the disposable products element. To stop children buying vapes, we also need businesses to comply with existing regulations and to abide by the standards we have set. To help enforcement of the regulations, we have teamed up with enforcement agencies to fund a new illicit vaping unit, which will remove products from shelves and at our borders, and stop the sale of vapes to children.

In May, the Prime Minister announced further measures, including closing a loophole that allows industry to give out free samples; increasing education and supporting designated school police liaison officers’ work to keep illegal vapes out of schools; and reviewing the rules on issuing on-the-spot fines to shops selling vapes to under-18s, as well as the rules on selling nicotine-free vapes to under-18s, to ensure that the rules keep pace with how vapes are being used. To respond to a point made by my hon. Friend the Member for Eastbourne (Caroline Ansell), we are also looking at adding lessons on the health risks of vaping as part of the current RSE curriculum review. Those measures will help headteachers and other school leaders to manage vaping on school premises and inform young people about the risks of vaping, with a view to reducing the number of young people who are currently vaping or might be tempted to try it in the future.

As a number of speakers pointed out, we must of course be wary of the environmental impacts, in particular of single-use disposable vapes. Increasing use of these products is leading to their improper disposal. That is why DEFRA is soon to consult on reforming the Waste Electrical and Electronic Equipment Regulations 2013 to ensure that more of this material is properly recycled. We shall continue to work with the sector and industry to help businesses to understand their responsibilities, both to ensure that their environmental obligations are met, and to ensure that products are not marketed to children, are produced to the highest UK standards, and are compliant with our regulations.

I emphasise that until recently our vaping regulations have been effective in keeping rates of vaping among under-18s low, but of course we acknowledge that there are problems and that we have seen an increase in usage, which is why the consultation is about looking into what more we can do.

Oral Answers to Questions

Mary Glindon Excerpts

Tuesday 6th June 2023 Commons Chamber

[Holly Mumby-Croft (Scunthorpe) (Con)]

16. What progress his Department has made on improving cancer survival rates.

[Mary Glindon (North Tyneside) (Lab)]

19. What steps he is taking to improve cancer waiting times and outcomes.

[The Secretary of State for Health and Social Care (Steve Barclay)]

We are diagnosing and treating patients faster. In March, nearly three in four people were diagnosed or given the all-clear within two weeks—ahead of the 28-day target—and nine in 10 patients start treatment within a month.

--- Later in debate ---

[Steve Barclay]

I welcome the fact that my hon. Friend has raised this point, because the £40 million of funding is available. That money is there, ready to allocate to quality bids. All the bids that have met the National Institute for Health and Care Research standard have been funded, but she is right to say that there is more money available and we stand ready to work with researchers to get that money allocated as soon as those quality bids come in.

[Mary Glindon]

Analysis by Cancer Research UK projects that, by 2040, cancer cases will rise to over half a million new cases a year. Will the Secretary of State confirm when the NHS long-term workforce plan will be published, that it will set out transparent projections for workforce need for the next five, 10 and 15 years, and that it will be fully funded to ensure that there are enough staff to deliver timely diagnosis and treatment for cancer patients?