Tobacco and Vapes Bill

Nusrat Ghani Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Mr Lee Dillon (Newbury) (LD)]

I was a smoker for 15 years, I have vaped for 12 years and I have three children under 12, who I hope will follow neither habit. I support the ambition to create a smokefree society. The harm to individuals is clear, as smoking causes 80,000 deaths per year, and the cost to the country is just as clear, with smoking costing the economy nearly £22 billion a year.

However, I have concerns about the ability of retailers to enforce the age escalator proposals. Will the Minister look at increasing the age at which people can buy tobacco by a year every year, rather than linking it to when a child is born? That would mean that people of the same age would have the same right, rather than two people being 37, for example, and one not being able to purchase tobacco because of exactly when they were born during the year.

My biggest concern about the Bill is the inclusion of vapes, alongside tobacco. Vaping is the fastest growing smoking-cessation method, and evidence has found that it is twice as effective as other tools used to stop smoking. I took part in the statutory instrument debate on 13 November and I support the ban on disposable vapes that that regulation enacted. The regulation will reduce the number of children vaping, the amount of dangerous fake vapes and the impact on the environment.

However, the Bill could go too far on vaping. The all-party parliamentary group on responsible vaping has provided a useful briefing. I believe the House will pass the Bill’s Second Reading later today, so I ask hon. Members to look at the briefing before we get to Committee. Part 5, clause 92 of the Bill has the ability to undo the Government’s ambition of a smokefree country, by potentially banning flavours under a future statutory instrument. A study of more than 20,000 vapers showed that those who start with flavoured vapes or move from tobacco to flavoured vapes are more likely to quit smoking.

That was my experience too. I first purchased a refillable vape in France, which came with a tobacco flavour and a cherry flavour. I went back to the gîte with my friends where we were on holiday. I knew what tobacco tasted like—I had my cigarettes in my pocket—so I tried the cherry flavour and enjoyed it so much that I never opened the tobacco-flavoured vape pot. I took the cigarettes I had in my pocket back home to England. They were on my bedside table for six months, after which I screwed the packet up and threw it away. I have not had a cigarette since.

I honestly feel that the provisions in the Bill for Ministers to be able to ban flavours for adults goes too far. For the record, I vape something called blueberry sour raspberry. It is not aimed at children—I buy it from a specialist vape shop where customers have to be over 18. I have the bottle in my pocket and it has no bright colours or fancy graphics on it. That is my preference as an adult to vape and it stops me wanting to pick up a cigarette again. If the Bill passes its Second Reading this evening, clause 92 should require that vape flavours are regulated with a balance between the impact on adults who would otherwise be smoking and the potential for youth uptake. Hon. Members should remember that disposable vapes have already been banned by the statutory instrument passed a couple of weeks ago.

Finally, before Ministers use the affirmative resolution procedure on any of the Bill’s parts or clauses, I urge them to undertake a comprehensive, evidence-based approach to vaping regulations. I will not vote against the Bill at this stage, but I hope the Government are open to practical amendments in Committee that support the ambition to have a smokefree generation without penalising those who already rely on vapes to lead a healthier lifestyle.

[Madam Deputy Speaker]

We have three remaining contributions from Back-Bench Members. This is fair notice for colleagues who have contributed to the debate to make their way to the Chamber for wind ups. I call Kirith Entwistle.

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[Phil Brickell]

I thank the right hon. Member for his contribution. I will take assurance from the Minister on that when he winds up.

I place on record my enthusiasm for the separate ban on single-use vapes from June 2025, which the hon. Member for Newbury (Mr Dillon) mentioned. As other Members have noted, not only are they particularly cheap and therefore accessible to young adults, but they are an inefficient use of critical resources, difficult to recycle and frequently littered around the countryside.

By introducing these world-leading reforms, we can create a smokefree generation and break the cycle of addiction and disadvantage. I am proud that it is a Labour Government who are delivering this legislation.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

We come to the shadow Minister.

Tobacco and Vapes Bill

Nusrat Ghani Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Tristan Osborne (Chatham and Aylesford) (Lab)]

The right hon. Member might be forgiven for thinking that we are starting from a zero-sum game, but we already have restrictions, as people must be 18 to purchase cigarettes and vapes. Shop workers are already challenging customers on their age, so the regulations do not come from nowhere. Secondly, if you read the Bill, you would know that there is a date specified that would be very clear on identification—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Interventions should be short and the term “you” refers to me in the Chair.

[Sammy Wilson]

It is easier to distinguish between a 16-year-old and a 24-year-old. Usually, the younger the age, the easier it is to make that determination, but it is much more difficult when people are older, yet that distinction will have to be made.

The idea may be that the cost of the licence will be so expensive that many small retailers will be squeezed out of the market, and the only outlets will be bigger stores where there are security guards. However, the sale of tobacco provides an important part of the income of many small retailers. Whether we like it or not, we are putting a burden on people who will find that they are exposed to dangers and difficulties, and will be subject to the law if they make the wrong decision.

The second issue, which has been touched on today, is what happens when people cannot get the tobacco that they want. Where do they go? They go to people who are prepared to sell it to them illegally. We cannot run away from the fact that the sale of illegal tobacco is already lucrative, especially because of the tax increases that we have introduced. It is lucrative for criminal gangs and it funds many of their activities. We have heard statistics that 7% of cigarettes and 33% of rolling tobacco are already sold by criminal gangs. In Northern Ireland, it is probably far higher because paramilitaries were involved in the trade and used it to fund their activities for so long. If anybody thinks, “Oh well, we’ll deal with that problem when it comes,” look at the history of Northern Ireland, where hundreds of millions of pounds found its way into the coffers of terror gangs and action was not taken, because it was sometimes too hard or too difficult to trace the things. Yes, action has now been taken, but do not think that we are going to have an all-out assault on the booming industry that this legislation will produce.

My last point about the Bill being impractical is that it cannot apply in Northern Ireland because, as part of the EU single market, we are under the tobacco products directive. The Irish Republic tried to introduce similar legislation and found that it could not because of that directive. That is why we have tabled new clause 3, challenging the Government to amend the Windsor framework so that the legislation will apply across the United Kingdom. This is not a counsel of despair because I believe that there is an alternative, as set out in the amendment. Indeed, the Government’s own modelling suggests that a much more practical way is to set the age limit at 21.

If the figures and the modelling are correct—although there are questions about the tobacco modelling on doing away with smoking in a generation—and if we impose the age limit of 21, which avoids some of the problems we have talked about with the sale of tobacco, we reach zero consumption by 2050, just as we do with the generational model. That avoids many of the problems and difficulties I have outlined and the consequences for retailers, rather than rushing into this. It is a headline-grabbing measure, but it has not worked elsewhere. Why did New Zealand drop it? Because of the booming market in illegal tobacco. I believe that in a number of years, we will find that we made the same mistake.

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[Sir John Hayes]

I tell you, there are two things about this legislation—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. “I tell you”? Sir John Hayes, you should know better than that.

[Sir John Hayes]

I said “two”. I said that there were two things about this legislation.

[Madam Deputy Speaker]

I think it was “you”, but no matter—time is short.

[Sir John Hayes]

Well, let me rephrase it. I tell you, Madam Deputy Speaker, that there are two things about this legislation—I have got it right now—and the first is its core objective and the second is the means by which that objective is met. I am, at the moment, talking about the means by which it is met, and I will say a little more about that when I address some of the amendments in my name and those of other Members. When we pass measures in this House—when we make laws—we should concentrate on both their purpose and their effect. If we do not do that, we are not doing our job as lawmakers. My concern about the Bill is that the effect will be compromised by the means, regardless of its purpose.

I entirely endorse what was said by my hon. Friend the Member for Gosport (Dame Caroline Dinenage) about plastic filters. I think that her new clause 2 would be a helpful addition to the Bill, and I should be amazed if the Minister did not embrace and adopt it. Perhaps it could be tabled as a Government amendment, but we may vote on it later. I am sure that the Government Whips will want to whip their Members to support it, because it is environmentally right, terribly sensible and entirely deliverable. It would oblige the industry to do the right thing and create filters that are biodegradable and which, as we heard earlier, are produced in immense numbers.

I have mentioned amendment 4, in the name of the right hon. Member for East Antrim, which deals with this nonsense of the rolling age of consent. It is a straightforward amendment that proposes that the age of consent should be 21—a considerable increase on where we are now—and that retailers must observe that. The hon. Member for Falkirk (Euan Stainbank) said that the matter was already being dealt with because there was already an age of consent. Yes, there is one age of consent, but not a series of ages of consent, with the need to assess people’s age presumably by some formal means. Perhaps they will have to take their passports with them every time they go to the newsagent to buy their papers and their ounce of Golden Virginia, or whatever else.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I apologise to all Members, but we will now have a speaking limit of five minutes.

[Tristan Osborne]

I appreciate that you want to guillotine speeches to five minutes, Madam Deputy Speaker.

It is a pleasure to speak on the Bill and, as a member of the Public Bill Committee, to see it come before the House. I welcome the contributions of Members across the House, and the quality of the scrutiny we saw in the Public Bill Committee. I also want to reflect on the years of campaigning and service undertaken by Ministers and shadow Ministers that have brought us to this place, and on the advocacy in broadcasts and on the news of people who were smokers but who say that they never should have started. I also welcome the views of young people in my constituency who, when speaking to me at schools and colleges, have told me how vapes are becoming more pernicious and more commonplace in their lives.

I will speak to Government new clause 11 and new clause 6 on age verification and the rising escalator, and I will challenge some of the points made about enforcement. I will also talk to new clause 13 on education and a road map to a smokefree generation, and to new clause 19, which sets annualised reporting on nicotine-based products. I will also challenge some of the Opposition’s misconceptions about trading standards and the regulatory landscape.

The Bill is forward thinking and responds to an issue, but it builds on previous legislation over many years and best practice in other places and other countries to regulate and reduce smoking. We know that noble crusaders on public health have in the past taken action to clean our air, clean our water, and introduce seatbelt restrictions and food standards. We know that public health measures work. Smoking is the largest preventable cause of illness and premature death in the United Kingdom, killing about 80,000 people a year. It is estimated to cost £2.4 billion to the NHS and a further £1.2 billion in costs every year, with smokers five times more likely to need social care support at home. The annual economic productivity loss adds up to £27 billion. Not only is there an ethical and social motivation behind the Bill; there is an economic one as well.

Age verification was a topic of debate in Committee. I welcome Government new clause 11 and new clause 6 on age verification. Government new clause 11 introduces digital identification, and links in with Government legislation to introduce digital ID over the next five years. This is absolutely enforceable. In many off-licences and supermarkets today, age challenge happens at bespoke counters. Individuals under the age of 18 who try to purchase vapes or tobacco-based products are challenged on their age. All the Bill will do is introduce a fixed date, which can then be assessed using any form of digital ID. It is no more onerous than what is currently happening, but it will require training and a transition period. I challenge the comments made by some opposing the measure that it is somehow unenforceable. We already enforce age restrictions on the sales of products—it already happens.

Tobacco and Vapes Bill

Nusrat Ghani Excerpts

Consideration of Lords amendments
Monday 23rd March 2026 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I inform the House that Lords amendments 21, 22, 29, 32 to 34, 37, 38, 43 to 48, 51 to 59, 62, 77 and 78 engage the Commons’ financial privilege. If any of these Lords amendments are agreed to, I will cause the customary entry waiving the Commons’ financial privilege to be entered in the Journal. I call the Minister to move the motion. I believe it is her debut, so congratulations and welcome—enjoy.

Clause 1

Sale of tobacco etc

[The Parliamentary Under-Secretary of State for Health and Social Care (Mrs Sharon Hodgson)]

Thank you, Madam Deputy Speaker. I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss:

Lords amendments 2 to 27.

Lords amendment 28, and Government amendments (a) to (c) consequential on Lords amendment 28.

Lords amendment 29, and Government amendments (a) to (c) consequential on Lords amendment 29.

Lords amendments 30 to 123.

[Mrs Hodgson]

Before I address Lords amendment 1, I would like to take this opportunity to pay tribute to my predecessor, my hon. Friend the Member for West Lancashire (Ashley Dalton), for her work on the Bill and the wider prevention agenda. I also extend my thanks to Baroness Merron for her work in the other place, ensuring that the Bill was expertly steered through the legislative process.

This is a landmark Bill, and I am honoured to have taken on responsibility for it as the House considers the amendments made in the other place. Creating a smoke-free generation is the most significant public health intervention since the ban on smoking in public places in 2007, under the last Labour Government. Tobacco claims around 80,000 lives every year, and in England it is responsible for a quarter of all cancer deaths. Someone is admitted to hospital almost every minute as a result of smoking, and up to two-thirds of deaths among current smokers can be attributed directly to smoking. Those are not abstract figures; they represent lives cut short by an entirely preventable harm.

The Bill also takes decisive action to tackle the rapid rise in the use of vapes and other nicotine products, particularly among young people, protecting a new generation from nicotine addiction. All the amendments to be considered today have been accepted by the Government, starting with Lords amendments 1, 2, 39 and 40, which change the parliamentary procedure for age verification regulations from negative to affirmative in England and Wales, and in Northern Ireland. The regulations will set out how retailers may ensure compliance when verifying a customer’s age. The changes were made as a result of a recommendation from the Delegated Powers and Regulatory Reform Committee, which the Government accept.

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[Mrs Hodgson]

We are content that the measures in the Bill, which are intended to apply to Northern Ireland, are compatible with the obligations under the Windsor framework. I hope that answers the hon. and learned Gentleman’s concern.

We hope that the review will be a clear demonstration of the Government’s commitment to monitoring progress against our smokefree ambition. Finally, Lords amendments 5, 8, 36, 41, 60 and 61, 63 to 76, 79, and 81 to 88 are technical amendments, some of which are consequential to the commencement of several other Acts. They also improve consistency in drafting across the Bill.

I encourage all Members to support all the amendments. These are meaningful changes that strengthen the Bill and respond to concerns raised by Members across the House and in the other place. The Government amendments tabled today will return to the other place for consideration, and I look forward to their timely agreement, and to the Bill completing its final stages.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

[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.

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[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.

[Dr Danny Chambers (Winchester) (LD)]

I also welcome the hon. Member for Washington and Gateshead South (Mrs Hodgson) to her position as Minister for Public Health. I had the privilege to serve on the Bill Committee, as other hon. Members did—indeed, I see some familiar faces in the Chamber. One of the things that struck me most was when the chief medical officer gave his evidence: he said that the Bill was not only the most significant piece of public health legislation in 30 years, but probably the single of piece of legislation that will most help to address inequality. Inequality is multifactorial, but one of the main factors in the difference in life expectancy between certain wealthier areas and certain more deprived areas is the rate of smoking. This Bill will have a huge impact, especially on the communities for which we are really trying to improve life expectancy.

I am very pleased that the Government accepted so many amendments in the Lords. Some of the amendments that the Liberal Democrats are really keen on are regarding fixed penalty notices and require all the money from those fines to go to local public health initiatives, as directed by local authorities. We know that public health is so important, yet funding for such organisations is usually extremely limited, given the pressures on local authorities. Without the Lords amendments on fixed penalty notices, the money would go straight back to the Exchequer. We fundamentally believe that if we are serious about making a meaningful difference to people’s lives, that money must be used in local smoking-cessation initiatives.

As the mental health spokesperson for the Liberal Democrats, I am acutely aware of the benefits of the Lords amendments that support those with long-term mental health conditions, who have higher rates of smoking than the general public. We know that going cold turkey is simply unrealistic and can even be dangerous. The exemption on vape vending machines in secure mental health hospitals ensures that people are supported professionally in quitting in a sustainable and maintained way that will not further damage their mental health.

I welcome the Lords amendments on regulating filters, which have cross-party support. Not only are filters an environmental issue, but they provide a false perception of safety to smokers. Ensuring that there is awareness of the lack of protection that these filters provide and of smoking as a whole is imperative if we are to ensure that people can make informed decisions about their health and wellbeing.

I am very pleased to support this Bill as it goes through Parliament; it is momentous and significant. We really appreciate the Government’s accepting the Liberal Democrat Lords amendments, which will slightly improve how the Bill will be delivered. We are very pleased that this will be a strong and impactful Bill. We hope that it will deliver meaningful change on public health for generations to come and that we will have a smokefree generation growing up.