Environmental Protection

Max Wilkinson Excerpts

Wednesday 13th November 2024 Commons Chamber

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

It is a pleasure to follow the maiden speech of the hon. Member for South Dorset (Lloyd Hatton). It was an excellent maiden speech—very interesting—and his constituency sounds lovely. Indeed, it sounds almost as lovely as Sleaford and North Hykeham, but not quite. I welcome him to his place, and hope he enjoys his time in the House.

I also welcome the regulations. Some people say that ten-minute rule Bills never become legislation, but today, mine will. On 8 February 2023, I introduced the Disposable Electronic Cigarettes (Prohibition of Sale) Bill. I put on record my thanks for the support of my hon. Friend the Member for South Leicestershire (Alberto Costa), and the hon. Members for Richmond Park (Sarah Olney), for Barnsley North (Dan Jarvis), for Gower (Tonia Antoniazzi) and for Blaydon and Consett (Liz Twist), as well as many former Members who supported that Bill. There was then a consultation that showed that the measures in the Bill had broad support in the country. It showed that at that point, 70% of the public supported those measures—a high figure. The Conservative Government then introduced the Environmental Protection (Single-use Vapes) (England) Regulations 2024, which sadly did not pass through wash-up before the general election and therefore did not become law. I am delighted that the current Government are bringing these measures forward, but disappointed that they will not come into effect until June, although I understand the reasons that the Minister has given.

There are essentially two reasons why this legislation is very important: the protection of children, and the protection of our natural environment. When it comes to protecting children, I declare an interest—well, three interests as the mother of three children, but also an interest as a children’s doctor in the NHS. As has been said, when vapes were introduced, it was claimed that they were a “stop smoking” device. I would argue that they were introduced as an alternative addiction, but they certainly are not suitable for children. The chief medical officer has clearly stated on a number of occasions that vapes may be better than smoking, but those who are not smokers should avoid using them at all.

Unfortunately, children have been attracted to these devices. It is my view that in some cases, the vaping industry has made them deliberately more attractive to children. I do not see why a middle-aged smoker wishing to quit would need a unicorn-flavoured vape, or one shaped like SpongeBob SquarePants or a teddy bear. They are cheap, disposable, and in my view clearly designed to attract children, which they certainly have done. This risks creating a whole generation of nicotine addicts, and the long-term effects of these devices are unknown. They are causing disruption in schools—eight children at a Sleaford school in my constituency have collapsed following the inhalation of certain vapes.

The protection of the natural environment is important. When I introduced my ten-minute rule Bill, I mentioned in my speech that 1.3 million of these devices were being discarded a week. The latest figure is 5 million, and even that figure is becoming slightly out of date. They are very difficult to recycle, and if they are discarded as litter, they create toxic waste that pollutes our soil, rivers and streams. If they are crushed in a bin lorry, they can cause fires, and have indeed done so.

[Max Wilkinson (Cheltenham) (LD)]

Does the hon. Lady agree that there is a particular issue with the discarding of single-use vapes in our town centres? Most of our councils do not have enough money to keep town centres clean; in Cheltenham, I believe the bill is in excess of £1 million per year. There is a real issue there, not just about the environment, but about public sector finances at the local level.

[Dr Johnson]

I understand the hon. Member’s point, but the party responsible for putting an item in the bin is not the council, but the person who has it in their hand. People who drop litter should take responsibility. They should not be doing so in the first place. When I worked with the River Slea clean-up project a year ago, we picked up a lot of these devices from the riverside and the river itself. They are clearly a danger to the environment and should not be discarded.

My hon. Friend the Member for Epping Forest (Dr Hudson) talked about his dog Poppy. He has recounted that story to me before, and it horrified me, as a dog owner, that any animal could hurt themselves so badly with a vape. We also heard the Minister talk about tyres exploding; goodness knows what would happen if a poor dog or another animal crushed one of these things in their mouth, so I am pleased that they are being banned.

One of the challenges with this legislation was defining disposable vapes. The Government have defined them as ones that are not refillable and rechargeable. In an ideal world, the industry would accept that, produce the refillable vapes it currently produces and move on. However, there is a great financial interest in these products, and I am concerned that the industry will try to find workarounds and get-arounds to create a nominally reusable, but practically not terribly reusable, product at a price point that means it will be discarded. That would continue the problem, so I ask the Minister to keep these products under review, look carefully for signs of these issues in the way that vapes are manufactured, and legislate if necessary.

The Minister talked about those involved in enforcement being given the resources they need, so will she tell us how much has been budgeted and allocated for enforcement of the new rules?

--- Later in debate ---

[Sir Christopher Chope]

I am not suggesting that; I am referring to the impact assessment. The Minister, in responding to my intervention earlier, referred to the statement made yesterday to the effect that a new magic pill will be available on the NHS to enable people to be weaned off smoking and, in particular, the nicotine effects of smoking. When bringing that forward, the Government said that the new pill would be as effective as vaping. They did not suggest it would be more effective, but as effective, thereby recognising the important role that vaping has in promoting public health.

These regulations are being brought forward on the basis of the environmental benefits that will flow from them, but let us be clear that there is little provision for enforcement. Reference has been made to the additional burden on local authorities. Paragraph 183 of the regulatory impact assessment states:

“There will be costs associated with inspection and law enforcement services to support the ban. Trading Standards Authorities (TSAs) would be best placed to enforce the ban, and work will be undertaken with LAs to establish the most effective and efficient way of enforcement.”

The impact assessment goes on to calculate that the enforcement costs will be low, because the assumption is

“as per Better Regulation guidance to assume 100% compliance by businesses.”

If we make that assumption—in my submission, it is a false one—it can lead to the acceptance of figures from the Government that no additional costs will arise from enforcing these new regulations. I think that is a load of nonsense.

[Max Wilkinson]

The hon. Gentleman is making a number of interesting points, but it is not yet clear to me whether he is in favour of the banning of single-use vapes, or the banning of all vapes, or not. It would be instructive if we all understood a little more of what he is trying to get at in the points he is making, as interesting as they all are.

[Sir Christopher Chope]

I am grateful to the hon. Gentleman for listening to the points that I have been making. They can be summed up as: smoking costs lives; vaping saves lives. Therefore, if we can encourage more people to vape rather than smoke, that is to the benefit of public health and the individuals affected, as well as assisting those who suffer as a result of secondary smoking or passive smoking. The consequence, which is accepted by the Government in their impact assessment, is that by taking these measures against single-use vapes, quite a lot of people who currently use them will go back to smoking.

Vapes have a 65% success rate in enabling people to quit smoking. The chief executive of Action on Smoking and Health said that “scare stories” about young people vaping could be causing the misconception among adult smokers that vaping is at least as risky as smoking. We know that it is not. Compliant vapes do not contain tobacco and do not produce smoke, and vape aerosols do not contain the harmful chemicals found in tobacco smoke. Why are the Government therefore proposing to introduce regulations, which, on their own figures, will result in about 26% of people going from vaping back to tobacco products?