Tobacco and Vapes Bill

Matt Rodda Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Mr Alex Barros-Curtis (Cardiff West) (Lab)]

It is a pleasure to follow some of the speeches that we have heard so far. I rise to support new clause 11 and the package of related amendments that the Government have tabled to this landmark Bill.

I was privileged to serve on the Bill Committee for two reasons: first, I had the pleasure of the company of colleagues from across the House—albeit sometimes for more hours than one might care for on a Thursday evening—and secondly, and perhaps more importantly, this legislation will undoubtedly save lives. On Second Reading, I talked about how the Bill will deliver on our Government’s commitment to ensuring that the next generation can never legally buy cigarettes, creating the first smokefree generation. As has been said, smoking is still the biggest cause of cancer and death. Tobacco is responsible for 160 cancer cases per day in the UK, and 3,100 cancer cases annually in Wales.

New clause 11 and the associated grouping of amendments is welcome. As the Minister said, the purpose of those amendments is to ensure that, for example, the list of identity documents keeps up with innovation and accommodates the possibility of digital ID. That is to future-proof the Bill, as the Minister said. Future-proofing has been mentioned in a couple of contributions today, and it came up in Committee, too, where the Opposition in particular expressed concern about the powers that would be delegated to Ministers in order to bring into effect certain provisions of the Bill. Those powers are needed, because we need the Government of the day to be able to respond quickly and with agility to the innovation—I use that term sardonically—of the tobacco industry in finding ways around the rules that we will impose on it if the Bill proceeds.

A great deal of the debate has focused on vaping, on which I will focus the remainder of my remarks. Although I recognise the value of vaping in acting as a smoking cessation tool for some, is it neither harmless nor some panacea, as I said on Second Reading and in Committee, and as colleagues have said, too. There is much to welcome in the Bill in relation to vaping. The ban on the advertising of vapes, and measures to curb youth vaping and regulate the use of vapes, are examples that we welcome. However, the reality is that, as has been said, vaping among the youth has more than doubled. Action on Smoking and Health estimated that as recently as 2023, 20.5% of children aged 11 to 17 had tried vaping. That is an example of a powerful industry profiting not just from cessation but from addiction, marketing vaping at children by switching their conveyor belt of customers to a new source. Indeed, there is some alarming evidence that some vapers are not quitting smoking but simply swapping one addiction for another and many are becoming dual users. I welcome some of the contributions from colleagues, but we must be very much alive to those dangers.

Throughout the passage of the Bill and consistent with the Government’s work in the realm of public health since they took office, vaping is regularly referred to as a smoking cessation tool. As has been mentioned, and as various chief medical officers from all our home nations have said, if someone smokes, vaping is much safer. Although I accept that vaping is a helpful tool in the fight for better public health, it is regrettable that we do not have for vaping the wealth of evidence over decades that underpins tobacco and the deadly consequences of smoking. We must therefore be clear on this: if someone does not smoke, they should not vape. Vaping is not harmless; it is just less harmful than smoking tobacco.

Public health policy must be based on evidence and not on spin from the industry. Indeed, the power of big tobacco has been expanded on by colleagues.

[Matt Rodda (Reading Central) (Lab)]

My hon. Friend is making an excellent speech. I particularly like the way he summed up the inherent risks of vaping and his explanation that vaping could be helpful to people who wish to give up, but that at the same time there is a real threat to people who have never smoked or vaped. Does he agree that this matter needs to be seen in the wider contexts of issues at secondary and even primary school and of differences in public health outcomes across communities, with a need to focus resources on particular communities—whether children or others—to try to help?

[Mr Barros-Curtis]

I completely agree with my hon. Friend. I trust the Minister will expand on that when she comes to wind up the debate.

As I said, public health policy must be based on evidence and not just spin or perception, so moving forward, I urge the Government to ensure that as part of their work to implement the legislation, as well as promoting vaping as a smoking cessation tool they must also undertake work to research the consequences of vaping on both the physical and mental health of the individual, its financial impact and, as was said, any regional and national inequalities that have become entrenched by vaping. When she comes back to this matter in her wind-up, will the Minister also assure me that in so doing she will work with the four home nations to ensure that that data is as thorough as possible?

If that research shows, as I have no doubt it will, that vaping is significantly damaging to the nation’s health—perhaps less so than smoking, but none the less still significantly damaging—we must act to curb it. We cannot afford to wait decades and decades for that truth to come out in the way that it took decades for big tobacco to be found out. I would be grateful if the Minister could provide some reassurance on that point.

In conclusion, I am proud to support this legislation. As has been said, there is no liberty in addiction and there is no freedom in being victim to a craving that kills. The Bill takes an unprecedented step forward to curb that damage and I urge colleagues from across the House to support it.

Tobacco and Vapes Bill

Matt Rodda Excerpts

Consideration of Lords amendments
Monday 23rd March 2026 Commons Chamber

[Mrs Hodgson]

We do not intend to place undue burdens on retailers. Indeed, it should be easier because there is one only date that anyone will have to remember when verifying somebody’s age, which is 1 January 2029. It should be a lot easier as nobody has to do any complicated arithmetic in their head any more. I thank the hon. Gentleman for his intervention.

Lords amendments 3 and 4 provide a narrow exemption to the Bill’s ban on vape vending machines, allowing them to be used in adult mental health settings in England and Wales, and only in areas “wholly or mainly” for patients. That aims to support adult in-patients who may face limits on accessing vaping products used to manage nicotine addiction. The Government remain committed to the wider ban on vending machines, to prevent children and young people from being able to bypass age restrictions on vapes and nicotine products. However, we are aware that adults with long-term mental health conditions have a much higher smoking prevalence than the general population, and ensuring that adult in-patients are able to access vapes from vending machines supports smoking cessation.

Lords amendments 6, 7, 9 to 18, 20, 25, 27, 29 to 31, and 92 to 102 relate to the creation of a licensing scheme in England, and allow for the licensing authority to enforce the future scheme in addition to trading standards. The change was made in response to feedback from local government stakeholders that such a measure would strengthen the scheme and help it to be managed more efficiently following its introduction. Lords amendments 21 to 24 and 28 allow the proceeds from the £2,500 fixed penalty notice for licensing offences in England and Wales to be retained by local authorities for enforcement purposes. The Bill previously required them to be returned to the consolidated fund after costs were deducted. That aligns with the Bill’s approach to allow local authorities to retain proceeds from the £200 fixed penalty notices. Local authorities will be able to reinvest proceeds into strengthening enforcement of the Bill, and help to tackle the illicit market.

[Matt Rodda (Reading Central) (Lab)]

May I, too, welcome the Minister to her post, and say how wonderful it is to see her leading on this important work? On a point of clarification, I am sure the measure she mentions will be welcomed by local authorities. Certainly the experience in my area is that there are hotspots where local authorities struggle with enforcement on a range of issues, whether that is antisocial behaviour, noise, or other activities. Will the measure apply to all local authorities, or just those in some parts of the country? It would be wonderful if it is all local authorities.

[Mrs Hodgson]

As far as I am aware, it is all local authorities—I am getting an affirmative nod from the Box, so I am happy to give my hon. Friend that reassurance.

The Government have also tabled amendments (a) to (c) consequential on Lords amendments 28, and amendments (a) to (c) consequential on Lords amendment 29, to correct an error arising from changes made on Report in the other place. Without these amendments, trading standards officers in Wales would lose the ability to issue certain fixed penalty notices for a short period. The amendments resolve that issue and ensure consistency of approach between England and Wales.

On the Bill’s ban on advertising vape and nicotine products, Lords amendments 72 and 106 to 109 create a specific defence and provide additional clarity for businesses, ensuring that they can promote non-branded vaping and nicotine products where that is done in an arrangement with a public health authority for public health reasons. It was always the Government’s intention to allow public authorities to continue to promote effective smoking cessation tools, and these amendments strengthen that. I am pleased that we can provide reassurances to healthcare professionals that they can continue to promote smoking cessation materials in agreement with public health authorities.

There are also a number of more technical Lords amendments—71, 104, 105, 110 and 123—relating to advertising. They ensure that the policy works as intended by ensuring consistency of approach, and by taking account of changes to other legislation. They support the implementation and enforcement of the advertising provisions in the Bill.

The issue of filters has been raised throughout the passage of the Bill, both in this House and in the other place. Action on filters has been proposed by parties from across the political spectrum, because of concerns about environmental harms and harms to health. However, parliamentarians have advocated for restricting filters in a number of different ways. Lords amendments 32 to 34, 37 and 38, 42 to 48, 51 to 59, 62, 77 and 78, and 103 therefore contain a suite of powers that will enable secondary legislation to regulate filters, should evidence suggest that this is necessary. Regulations could ban filters in the future, or regulate their packaging, advertising and display. The evidence on the effect of filters, including their direct health impact, is still emerging, so no decision has been made on the use of those powers. The Government will look to consult on using the powers only if we think that there is sufficient evidence to justify action.