Tobacco and Vapes Bill

Mary Kelly Foy Excerpts

Monday 23rd March 2026 Commons Chamber

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

I welcome the new Minister to her place; she is stepping in and taking the Bill through this stage, like a technical finishing substitute. I, too, have been substituted for my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), who spent a huge amount of time going through the Bill in Committee. I place my thanks to her on the record. Because of what she did, I have not had to do it, which has been a relief.

Eradicating smoking among young people is a public health priority. There may be differences in how we would achieve that, but the objective is shared by Members across the House, and we will not divide the House on the Bill tonight. There has been important common ground. As my colleague Lord Kamall said in the other place, smoking is harmful, vaping is less harmful than smoking, and not vaping is better than vaping. I think we can all agree that those principles should guide this legislation.

Those principles underpinned the Bill introduced by the previous Government. Since then, it has expanded, and at times it risks losing focus on its central aim of reducing smoking, particularly among young people. The Opposition have been concerned, for example, about measures that have placed additional burdens on hospitality and retail, and about restrictions on vaping that could undermine its role as a quitting tool for adult smokers. I therefore welcome the changes made in the House of Lords and the Government’s acceptance of them.

Further, the exemption of the adult mental health in-patient setting from the ban on vapes vending machines is a sensible and compassionate decision. Ministers were right to respond to concerns raised by peers, including my colleague Lord Moylan, and mental health charities, and we welcome the changes to clause 12. It is also right that local authorities will be able to retain proceeds from fixed penalty notices to support enforcement under the amendments to clause 39.

However, the Bill marks not the end of the process, but simply the end of the beginning. Key questions remain, including about the regulation of flavours and descriptors, advertising, and the designation of vape-free places. Those decisions will pretty much determine whether the Bill works in practice. It is therefore essential that the Government proceed in a way that is proportionate, enforceable and sustainable. We have already seen the importance of that balance. I welcome the decision to drop proposals to extend restrictions in pub gardens, which would have placed further strain on the hospitality sector. However, Ministers should take note. Restrictions should be targeted at areas where there is a clear and significant risk to public health. Possible considerations include restrictions outside schools and playgrounds, and I gently ask the Minister to reflect that approach as further regulations are developed.

The Lords also strengthened the Secretary of State’s powers in relation to cigarette filters, enabling more effective regulation of components that contribute to environmental harm. In addition, a series of technical amendments were agreed to, aimed at clarifying definitions, improving compliance mechanisms and ensuring that secondary legislation is subject to the appropriate level of parliamentary scrutiny. For example, Lords amendment 1, relating to age verification regulations under clause 1, requires the affirmative procedure to be used, increasing oversight of a core part of the Bill. Those are sensible improvements that reflect the spirit of constructive scrutiny.

A key and central issue raised throughout the passage of the Bill has been the risk of unintended consequences, and particularly the growth of the illicit market. Whether we are for the Bill or against it, one concern unites us all: the black market. If regulation is too restrictive or poorly enforced, it will drive consumers away from the legal market and into illegal supply, which would undermine both public health and enforcement. The Opposition proposed an annual report on illicit tobacco and vaping activity, which the Government rejected. Given the concerns raised throughout the passage of the Bill, I would be grateful if the Minister could set out clearly how the Government will monitor and respond to changes in the illicit market.

We support the broad objectives of the Bill, but we will be watching closely. Its success depends not on its intentions, but on its delivery. When it was first introduced, I spoke about my experience as a junior doctor on a respiratory ward—my first hospital job. I saw patients struggling for breath, families in distress, and moments when, despite everything, there was little more that could be done. The true test of the Bill is simple: in years ahead, fewer families should have to experience the same pain, suffering and despair. Let us hope this works.

[Mary Kelly Foy (City of Durham) (Lab)]

I declare an interest: I am proud to be the co-chair of the all-party parliamentary group on smoking and health. I am pleased that the Bill has returned from the Lords with minimal amendments. All the amendments before us are either Government amendments or have Government support, so I hope that the Bill can achieve Royal Assent as soon as possible. I understand that the amendments put forward today by the Secretary of State are simply to correct drafting errors, so I assume that they will need only brief consideration by the Lords.

I am proud that the Bill will become law under a Labour Government. I hope that this Government will be remembered as the one that began the end of smoking in this country. In a few decades’ time, I hope that people, particularly young people, will look back on smoking with disbelief, and will say, “Can you believe that selling tobacco, a lethal product, with the aim of getting us hooked, was ever allowed?”

Before coming to this place, I was a councillor in Gateshead council, where I held the public health portfolio from 2009 to 2019, and I chaired the Gateshead Tobacco Alliance. Tackling smoking was a central part of my work during that time, and it continues to be so today, because it remains the single biggest driver of health inequality in communities like mine and across the north-east.

In areas of high deprivation, smoking is not just a public health issue, but a deeply entrenched inequality. It is far more common in disadvantaged communities, where people are more likely to start smoking younger, find it harder to quit, and suffer the worst health outcomes as a result. That means higher rates of cancer, heart disease and respiratory illness, and lives cut tragically short. I have seen that reality at first hand over many years, and it is why action like that set out in the Bill is so important.

We should remember that tobacco is the single most harmful commercial product on sale in the world. It is sold for profit, while killing around two thirds of its long-term users and generating enormous returns for the companies that manufacture it. It is highly addictive, and many who start smoking wish they never had. Over 80,000 people die in this country every year because of it, and if it was introduced today, it is unthinkable that it would ever be permitted.

This Government are right to legislate for a smokefree generation, because there is a fundamental imbalance at the heart of this issue. Companies are making vast profits from a product that drives disease, kills two in three of their customers, deepens inequality and places huge costs on our NHS and wider society. We know how important it is to work towards a truly smokefree future, and to drive smoking rates down to as close to zero as possible.

In the north-east, we have a clear declaration for a smokefree future, endorsed by all directors of public health, our integrated care boards, Fresh, all 12 local councils and all 10 local hospital trusts. That kind of whole-system commitment is vital, not just for improving health but for tackling poverty, supporting a more productive region and preventing the premature loss of loved ones to smoking-related disease. That work is already delivering results. In County Durham, smoking rates have nearly halved over the last decade, reflecting a sustained effort across prevention and support to help people quit. However, rates remain higher in some communities, so we cannot afford to lose focus now.

I am equally pleased about the strong cross-party support for the Bill. We saw that clearly in debates in the other place. The APPG on smoking and health is a great cross-party effort, which I am proud to co-chair with the hon. Member for Harrow East (Bob Blackman).

There is much to welcome in the amendments. In particular, amendment 80, which requires the Government to review the Act, is an important addition that strengthens the Bill. To be clear, it is not a sunset clause, nor is it a test of whether the smokefree generation policy has succeeded in its health aims—the impact assessment makes it clear that we are playing the long game—but rather it will assess how smoothly implementation has progressed and what burdens, if any, have fallen on retailers. I am confident that it will report positively, and that it will encourage other countries to follow our lead. I note that a similar private Member’s Bill is before the French Parliament, which I hope reassures colleagues about the policy’s compatibility with EU law.

--- Later in debate ---

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

I commend my hon. Friend for all her work as part of the APPG on smoking and health and in her former role as a councillor. Does she find it as shocking as I do that four in 10 adult smokers in this country believe vaping to be as harmful or more harmful than smoking, when it is one of the most effective tools to help people quit?

[Mary Kelly Foy]

I totally agree with my hon. Friend. We must keep in mind the fact that it is smoking that causes harm and death, not vaping, which can be a very successful cessation tool. I hope that the Bill will continue to push that.

Powers in the Bill cover marketing, display, packaging and product design, as well as flavours and their descriptions. However, there is a crucial balance to strike: reducing youth appeal without limiting access or effectiveness for those using the products to quit smoking. We must keep the harms of smoking firmly at the forefront of our minds.

A review after four to seven years feels appropriate to assess how the regulations are affecting usage and the market, and whether we are striking the right balance. This should be considered alongside the disposable vape ban and the forthcoming vape excise tax. I would welcome reassurance today that the review will place the harms of smoking and the needs of smokers at its centre.

Many of the other amendments are technical in nature. I welcome the comprehensive definition of tobacco coming into force on Royal Assent, through Lords amendments 89, 90 and 91, as there is no need for a transition period. The exemption for vape-vending machines in Lords amendments 3 and 4 is also welcome, as others have noted, because we must ensure that vulnerable smokers are supported as much as possible to quit.

As my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson) has recently taken up her role, I welcome her to her position as Minister for Public Health. I look forward to working with her as this Bill, soon to be an Act, progresses, so that we can continue our work, and hopefully set out a road map for a totally smokefree country and to look again at introducing a polluter pays levy.

Finally, as someone who has spent many years advocating for a smokefree future, free of death and disease from tobacco, I know from speaking and listening to many people affected by smoking just how much the public want and need this action. We have already shifted the social norms around smoking and now, thanks to the work of organisations such as Action on Smoking and Health and Fresh, and the work of colleagues across the two Houses, a smokefree future is now possible. That is truly something to celebrate.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.