Tobacco and Vapes Bill (Fifth sitting)

Rachael Maskell Excerpts

Committee stage
Thursday 9th May 2024 Public Bill Committees

[Bob Blackman]

It is a pleasure to serve under your chairmanship, Dame Siobhain. I rise to support the proposals outlined by the Minister. It came as quite a shock that one of the recommendations of the Khan review was that the age-of-sale be raised by a year every year. We on the all-party group on smoking and health —I declare my interest—thought that we would end up simply raising the age from 18 to 21, but I am delighted that we have moved from that position to one of literally creating a smoke-free generation.

The key point will always be free choice—the free choice that is made is to smoke that first cigarette; after that, the individual is addicted. To colleagues of mine who may be listening or considering this as an issue of freedom of choice, I say that one only makes one choice. After that, there is no choice because one is addicted and therefore required to continue to fuel that addiction. It is vital that we create this smoke-free generation.

One of the fundamental issues is enforcement rules and premises—I know we will come to that, so I will not pre-judge it, but this will be key. One of my concerns —I ask the Minister to think about this—is what will happen about duty-free sales and provisions that, at the moment, are outside the scope of the Bill. There will be temptations for young people on trips abroad to buy cigarettes, either abroad or at duty-free, and bring them back, or for others to do so and provide them to young people. Clearly, we would all want that to be an offence, but as I read the Bill, the provisions do not cover that. We need to think about strengthening the legislation in that area.

I do not want to go on for a long time; I am delighted with the Bill. I have been campaigning for this sort of action for many years, so it is a delight to see. We need to get it on the statute book as fast as possible.

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to see you in the Chair, Dame Siobhan. Let me open by welcoming the Bill. I think the Government have taken a brave and bold step in introducing such a significant public health intervention. I worked in respiratory medicine for 20 years, and I saw the devastating impact of smoking on so many of my patients.

We must remember that the industry exists in order to ensure that its customers become addicted to their product: nicotine. It profits as a result, as we learned in the evidence sessions, from some of the poorest communities in our country. The Bill will address not only that gross inequality, but the behaviours of the industry and, in particular, it will ensure that we have a healthier future going forward. The tobacco-free generation measures will have such an impact on young people as they grow up.

We also need to ensure that the public health messages are really driven home. As colleagues have said, there is no liberty once someone has started smoking. There is no liberation because they become enslaved to addiction—to the highly addictive product, nicotine. It is therefore important that the Bill is passed to give that liberty to so many people who regret having commenced the journey of smoking. We need to remind everybody that once they start smoking, it is incredibly difficult to give up. Smoking is a product that kills two thirds of its customers. Therefore, the only people who benefit from smoking are the industry, which profits extensively from the misery of others.

I will certainly support the Bill through its passage, but I believe that there are areas where it can be strengthened. One, in particular, is advertising. We know that this pernicious industry has learned so well how to get around legislation at every turn. It has been incredibly difficult to ensure that the legislation encapsulates the safeguards needed to prevent the industry from doing that, but I do think that there are some loopholes in the Bill that need to be addressed around promotion, advertising, sponsorship and ensuring that retailers are supported in relation to age verification.

Simplifying things in the Bill will help everybody when it is fully implemented. We have Challenge 25; it is easily understood, and young people are used to showing their ID. Introducing that here would be a logical step in being able to see those restraints, and it will also mean that there is no variation in how shopkeepers will apply the law. It will take out inequality for their sake, too. I hope that the Minister reflects on that as we get to those points in the Bill.

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[Dame Andrea Leadsom]

My hon. Friend makes an extremely good point. She will be interested to know that I have recently written to the Advertising Standards Authority to ask about how well it considers enforcement to be working, and what more it can do to enforce the already strict regulations. I am happy to share its response, when it comes, with all members of the Committee.

[Rachael Maskell]

rose—

[Kirsten Oswald]

rose—

[Dame Andrea Leadsom]

I will give way to the hon. Member for York Central and then to the hon. Member for East Renfrewshire.

[Rachael Maskell]

I am really grateful to the Minister for the work that she is doing in this area, but clearly, for vaping, there is not equality with smoking in terms of an advertising ban. For simplicity’s sake, equalising the law would make a significant difference. We often think about packaging in shops, but today, the social media space is an incredibly powerful tool that young people are exposed to on a continuous basis. Therefore, extending the advertising, promotion and sponsorship ban could have such a significant impact, and it could be legislated for simply. As we have got so accustomed to the advertising ban for tobacco products, it can simply be translated for vapes. Will the Minister look into that?

[Dame Andrea Leadsom]

With your permission, Dame Siobhain, I will take the intervention on the same subject from the hon. Member for East Renfrewshire.

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[Bob Blackman]

We have to consider the various tactics used by big tobacco. I campaigned long and hard for the standardised packaging of tobacco products, which was finally achieved, and one of my concerns then was the way that packaging is used to attract young people to start smoking. I support the provisions, but one concern might be that big tobacco will respond by reducing the number of cigarettes in a pack and selling them at a cheaper price. Will there be regulations to ensure that, for example, companies cannot sell them in single packs? We have to think about what these evil people will do to sell and push their product. Very simply, can we look at something to ensure that they cannot do that?

[Rachael Maskell]

I support the points that have already been made, but I will not repeat them, because they have been made eloquently.

Why is the fine in clause 4(2) only at level 3, whereas elsewhere in the legislation the fines are at level 4? We know that cigarettes being sold as single items, and packs being broken up and sold in that way, encourages people to smoke. We also know that they will be targeted at children and young people, as well as people in greater deprivation.

There are 14.5 million people in our country who are living in poverty, and there is a much higher prevalence of smoking in that population. The increase in the price of tobacco products has been a major determinant of how much people smoke and whether people smoke at all. It therefore seems perverse that the fine applied to breaking up cigarette packs is less than that applied elsewhere in the Bill, where there is a level 4 fine. Can the Minister explain the reasoning behind dropping the level of fine? Why is it not in line with the other measures in the Bill?

[Dame Andrea Leadsom]

I do not have all the answers to hon. Members’ questions. The purpose of the clause is to restate and clarify the statute book, so the answer to many of the “Why haven’t you done this or that?” questions is that the intention was to tidy up the statute book rather than address all the other potential issues that could be solved. I will certainly come back to hon. Members with the answers to their questions.

As colleagues will appreciate, there are thousands of potential add-ons to the legislation, but it is important to remember that the core purpose of the Bill is to create the smoke-free generation. On those well-made points and suggestions, I do not know whether they were considered and ruled out or whether they were not considered, but I will come back to hon. Members with answers.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Age of sale notice at point of sale: England

Question proposed, That the clause stand part of the Bill.

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[Rachael Maskell]

I, too, welcome the fact that legislation is at last being supported by the Government and is before us today. I have deep concern about the impacts of vaping—and not just on physical health, although much research clearly needs to be done to understand the extent of that. In the Health Committee, we saw a paper on the DNA methylation changes that take place in the oral cavity. We have not seen the impact on the lungs, because that would require more invasive sampling, but the evidence shows that much research needs to be done to understand the implications of vaping on physical health.

I am also concerned that we are looking only at the age of 18. I understand the Government’s reasons—clearly, young people can readily become addicted to the nicotine in these products, and I welcome the measures to restrain that—but I have serious concerns about those over 18 who commence vaping. I understand that a paper will be coming out in Sweden showing that people move from vaping to smoking, so I am concerned that there could be unintended consequences if we do not take more extensive measures on vaping.

I absolutely understand that the Government are using the Bill to send a clear public health message that vaping is safer than smoking and that smoking kills, so if people can move from smoking to vaping, that is a positive health change. However, we do not yet know the extent of the harm that can be done by vaping, so we could well be back here again if we do not put proper measures in the Bill to facilitate more action more rapidly, should evidence come forward on the impacts of vaping.

I have talked about physical health, but we know that vaping involves an addictive product, and we do not want to see another generation of people becoming addicted to a nicotine product. We must recall that the vaping industry, like the tobacco industry of old—well, it is still in existence—has the sole interest of bringing forward another generation of people who are addicted to a substance, to ensure that those people buy its products and it profits. Leaving individuals with that dependency means that they are in bondage not only financially but in terms of their health. We must ensure that we properly examine the scope of the challenges involved in leaving over-18s exposed.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (Con)]

The hon. Lady is making a very informed speech, but I want to pick up on one thing. She said that the sole purpose of the vaping industry is to get people addicted to vaping, but does she acknowledge that many people across the UK, and particularly adults, as we heard in evidence, have reduced their addiction through vaping? They are tapering down the amount of nicotine they are using, as opposed to when they were smoking. We also heard that there were some health benefits from people moving from smoking to vaping.

[Rachael Maskell]

I am grateful to the hon. Lady for the point she made. Certainly, I did highlight that transitional benefit of moving from smoking to vaping to, hopefully, stopping altogether. However, we must also highlight that vaping is not without risk, and we need to give that serious consideration. I am just concerned that the Government are slightly light, shall I say, in terms of their concern about vaping, in order to drive down the smoking. I absolutely understand that, because smoking kills, but I just think that we could be on the “too light” side. I know that it is about balance, but I hope that we can reflect on that during the course of the Bill.

I want to draw out one question that I have about clause 9 and giving away vapes. I certainly understand why the measures would be applied to industry, but I want to ask about public health measures that could be deployed. I recognise that the clause is about under-18s, but unfortunately, despite the current legislation, we know that many people under 18 smoke, and we obviously need to ensure that they stop and move into a safer space. The Government have been very much pressing the idea that vaping is a route out of smoking. Does the Public Health Minister see vaping as a means to help people under the age of 18 to stop smoking, or will they have no access to vapes? I would just like some clarity around that. Clearly, there are other smoking-cessation programmes and products available, but it would be useful to know the answer to that question. If vaping is to be used in that way, and clinicians are to be able in future to prescribe or indeed provide vapes for young people to stop smoking—if that was the only tool—we need to understand whether we are to have a blanket ban in the Bill. It would be very useful to understand that.

[Dame Andrea Leadsom]

Once again, I thank all hon. Members for their thoughtful and considered remarks —I really do appreciate them. Essentially, the questions are pretty much around the product notification and the availability of quit aids to under-18s. Hon. Members may not have spotted this, but the notification of vapes to the MHRA is something on which we are taking powers. There will be a further consultation on that point because it did not come under the scope of the original consultation. We will have the powers to require notification of vapes to the MHRA.

The other point that has been raised by a few colleagues is, “How do we help under-18s to stop smoking?” Under the MHRA, there is licensed nicotine replacement therapy, which is licensed for 12 to 18-year-olds. Of course, all under-18s can go to their local stop-smoking services.

To the point from the hon. Member for York Central about whether young people should be able to access vaping as a quit aid, my instinct would be, “No, absolutely not,” and I think that that would be her instinct also. However, I must slightly correct the record: it is certainly not the Government’s position that vaping is in any way safe; it is merely less harmful than smoking. I would reiterate that if you don’t smoke, don’t vape. And children should never vape, so they should not be turning to vaping, even as a quit aid. In my view, that would also be the thin end of the wedge, because people would simply say, “Well, I am only vaping because I am trying to stop smoking.” I cannot imagine that ever being a suitable way to help children to stop.

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[Dame Andrea Leadsom]

As the hon. Lady will know, the MHRA is not an enforcement body; enforcement is for trading standards. As I mentioned earlier, there will be new resources for trading standards, as well as new training and guidelines. Also, fines will go direct to local authorities, which employ enforcement officers, so there will be a huge ramping-up of enforcement on illicit vapes, non-compliant vapes and so on. That is the place for enforcement.

On the MHRA and notification of other types of vapes, there will be powers, and the consultation will take place in due course.

[Rachael Maskell]

While the Minister is doing the work on vapes, will she also look at nicotine pouches, which are incredibly concerning? We have heard that the strength of the nicotine in pouches far exceeds that in vapes. People are therefore getting a very high dose of nicotine and are sometimes not aware of the level they are getting.

[Dame Andrea Leadsom]

I am frantically looking through my pack here. Clause 10 covers nicotine pouches, so we will come on to that—[Interruption.] The Whip is saying it will be after lunch, if that is not too much of a sneaky “get out of jail” card. With the hon. Lady’s acceptance, I will defer that until later.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clauses 8 and 9 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Aaron Bell.)