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.