Tobacco and Vapes Bill

Robin Swann Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Wes Streeting]

I am grateful to my hon. Friend for that intervention, not least because of the expertise that he brings to the House as a clinician. We are well served by his expertise in debates on the health of the nation.

Opposite me sit many opponents of the Bill and of the Government’s prevention agenda. I acknowledge that their opposition is based on genuine, sincere beliefs about the limits of government and the size of the state, but I appeal to them by saying that the Bill is in the national interest and, ironically, in their ideological interest.

[Robin Swann (South Antrim) (UUP)]

I thank the Secretary of State for making a number of times the point that this is a truly national Bill that applies across the United Kingdom. I thank him for including Northern Ireland, Scotland and Wales in the measures. When we in this place consider measures to promote health, we should do so equally for the entirety of the United Kingdom.

[Wes Streeting]

That is a very helpful intervention because it gives me the opportunity to say thank you to my counterparts in Wales, Scotland and Northern Ireland. This is a genuinely four-nations Bill, and through it, we have an opportunity to create a smokefree generation in every corner of our country.

I say to people who have an ideological objection to the Bill that if they believe in lower taxes, as they say they do, and in maintaining a national health service, as they say they do, they cannot duck this simple equation: an ageing population plus a sicker society equals more spending on the NHS, paid through higher taxes. The Bill is just one measure, but it will make a significant difference to the health of our society, and to the balance of that equation.

The question that opponents of the Bill must answer is this: if they want our health and care services to continue having to spend £3 billion every year on the symptoms of smoking, are they willing to accept that that means higher taxes or higher healthcare charges for their constituents? Are they happy for their constituents to shoulder the welfare bill for smokers falling out of the workforce? Those are the consequences of what we are voting on today. Higher taxes and higher welfare are not the Labour way.

There are arguments about liberty from those who oppose based on libertarian belief. They say that the state should not deny individuals the choice to smoke if they want to, but three quarters of smokers want to stop and wish they had never started. It takes a smoker an average of 30 attempts to quit before they manage it. By definition, an addict is not free; there is no choice, no liberty and no freedom in addiction. Nor is choice afforded to anyone inhaling second-hand smoke. Tobacco is not only highly addictive but uniquely harmful. Yes, some smokers can quit, but most who want to cannot. Those who have help to quit are three times more likely to succeed. That is why the Government are, as I said, investing £70 million in smoking cessation services—an investment that will pay for itself several times over—but prevention is better than cure, and that is why we are taking action, through the Bill, to stop the start.

In conclusion, this Bill marks the start of a decade in which we will shift the focus of healthcare from treatment to prevention; take serious action on not just smoking, but obesity; reform the NHS, so that it catches problems earlier and gives patients the tools that they need to stay out of hospital; harness the revolution taking place in life sciences; and fundamentally transform the NHS, so that it predicts illness and prevents it from ever taking hold. That is the future available to us, and it is the future we must realise if we are going to put our welfare system, health service and public finances on a sustainable footing. It starts with this Bill. Smokers are more likely to need NHS services, be admitted to hospital, drop out of the workforce and on to welfare, and need social care years earlier than if they did not smoke. By taking the measures set out in the Bill, we are putting the UK on the road to becoming smokefree, building a healthier, wealthier nation with a health service fit for the future and leading the world as we do so. I commend this Bill to the House.

--- Later in debate ---

[Dr Beccy Cooper (Worthing West) (Lab)]

It is a privilege to take part in this debate and to hear the broad consensus across the House on this excellent Bill. We have come a long way since the 2004 White Paper proposed a smoking ban in almost all public places in England and Wales. Smoking on public transport and in workplaces now feels inconceivable thanks to decades of work by campaigners and public health professionals and bold action from Government.

As a public health consultant, I pay special tribute to my public health colleagues who have worked so tirelessly in this area, from the seminal 1956 research undertaken by Sir Richard Doll and team that first established the link between smoking and lung cancer—something we take for granted today—through to the smoking cessation advisers who work daily to help people combat this destructive addiction.

Mark Twain is reported to have said:

“Giving up smoking is the easiest thing in the world…I’ve done it thousands of times.”

In my career to date I have been fortunate enough to undertake smoking cessation training and I can testify to the incredible amount of hard work and determination that both the quitter and the adviser put in to overcome the nicotine receptors that demand to be fed. This is an addiction, not a choice.

So it is better by far not to start this destructive habit in the first place. Currently, every day about 350 young adults still start smoking and about 160 people are diagnosed with cancer caused by smoking. Smoking is still the leading cause of premature death and disability in the UK, and is responsible for half the difference in healthy life expectancy between rich and poor. Other Members have talked about the appalling health inequalities in this country and how the Bill will really contribute to reducing them.

So it is right that this Bill will phase out the sale of tobacco and create a smokefree generation. Already ever fewer people smoke, and this legislation will increase the rate of decline. By increasing the age of sale by one year every year we can expect smoking rates among 14 to 30-year-olds to reach zero by 2050. As a mum of two young sons, I greatly welcome that.

I welcome, too, the increased powers to tackle vaping in the Government’s Bill. Vaping can be an effective aid for adult smokers to quit, but much tougher measures are needed to regulate products designed to appeal to young people. As ASH puts it:

“Vaping is an adult quitting aid, not a children’s toy.”

The chief medical officer further underlines this by stating:

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape; marketing vapes to children is utterly unacceptable.”

This Bill will give the Government far greater control over the marketing and design of vapes and the flexibility to adjust regulations in the future if the market or evidence changes.

[Robin Swann]

Does the hon. Member agree that that is also why it is important that we control vending machine sales?

--- Later in debate ---

[Robin Swann (South Antrim) (UUP)]

I noticed from the opening comments that the Opposition have a free vote on the legislation, as do the Lib Dems. I assure the Minister that the Ulster Unionist party group in this House is 100% behind the Bill, which means: I am.

I sincerely hope it is second time lucky for the Bill. Prior to getting elected to this House, I was the Minister of Health in Northern Ireland in the re-established Assembly when it came back in February 2024. The Bill was then going through this House. Despite hugely challenging pressures, there was a much appreciated latitude from the public health Minister, Andrea Leadsom, who worked with the devolved Administrations to ensure that the Bill had a four-nations approach. I thank the Government for continuing that approach. As the hon. Member for Aberdeenshire North and Moray East (Seamus Logan) described happening in Scotland, a legislative consent motion went through the Northern Ireland Assembly. More importantly, it received the full support of the four parties in the Northern Ireland Executive.

It was only right and proper that the profound public health benefits be extended to Northern Ireland. Like Scotland, Northern Ireland was included in the UK-wide consultation exercise, which closed in December 2023. There was particularly strong support for the measures from the people back home. The consultation received a proportionately higher response rate from the Northern Ireland population than the UK-wide population. While 62.5% of UK respondents were in favour of an ambitious smokefree generation proposal, the Northern Ireland figure stood at 79%. That was by far the greatest support from among the UK regions. Support was also much higher in Northern Ireland for a range of other proposals, such as restricting vape flavourings and displays.

Some of the flavours that attract children have been mentioned. There is also a move towards flavours, labels and names that appeal to older age groups. We now have “Brain Freeze” and “Killer Kustard.” The producers are moving on from young people who are already addicted to early teens, and are making sure that their addictions embed. It is important that this Bill addresses that.

While I am glad of the support that many of the measures have received across Northern Ireland, we need to remain mindful of the fact that if passed, the Bill will be a literal lifesaver for decades to come. Tobacco use is a leading cause of health inequalities in Northern Ireland. It is a tragedy, but an avoidable one, that the lung cancer incidence rate in the most deprived areas of Northern Ireland is about two and a half times the rate in the least deprived areas. A recent health inequalities report from the Department of Health in Northern Ireland showed that the gap between the healthy life expectancy of women in the most deprived areas and those of women in the least deprived stood at 14.2 years—not months, but years. That differential will be dealt with by this Bill and others like it. Moreover, smoking rates in the most deprived areas are typically almost three times higher than the rate in the least deprived. I therefore fully support any and all efforts to dissuade people, especially young people, from taking up the habit in the first place.

This Bill goes even further than the one that fell before the last general election. I will be honest and admit that at the time, I was hugely frustrated that the previous Bill was not given the time to succeed, and I feared that a once-in-a-generation chance to do something transformative might have been missed. Looking at the Bill now, however, I am pleased to see that, rather than potential being lost, it has the potential to be even more impactful, given all its enhancements. Mike Nesbitt, my successor as Minister of Health and the leader of my party, has been able to use the little extra time to consider the licensing provisions carefully. While Northern Ireland’s tobacco retailers register is a helpful enforcement tool, it has limitations, and a new licensing regime would be another significant step forward for my constituents.

I acknowledge that, like its predecessor, this Bill is complicated by our somewhat messy post-Brexit arrangements, but I take reassurance from this Government and the last Government on that, because surely they cannot both be wrong.

Tobacco and Vapes Bill

Robin Swann Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Leigh Ingham (Stafford) (Lab)]

I rise today in support of this legislation. Young people vaping is not the biggest issue that comes up in surgeries, but it is one of the biggest issues that comes up when I walk through town or visit a school, and even when I talk to young people themselves. It is an urgent crisis—not just vaping, but smoking. There are around 760 cancer deaths in the areas around Stafford, Eccleshall and the villages every year, and data suggests that in the next five years more than 1,100 of my constituents will have had lung cancer-related issues.

This legislation shows that this Labour Government care about the children of this country. We care about who they are, and who they will become; we want them to live longer, be happier, and never have the chance to pick up a £5 vape or a cheap pack of tobacco that could set them on the path of addiction for the rest of their lives.

I wish to take a moment to acknowledge the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), for starting a version of this Bill and bringing it forward despite significant opposition in his own party. I know that he did it out of concern for the future of the children of this country and I commend him for it.

Today, some will talk about choice when they oppose this Bill. In my work as an MP, I have spoken to people whose lives have been devastated by this addiction. I ask whether those who speak about choice truly believe that, once addiction has taken hold, a person has the same freedom of choice that they once did. This is not about taking choice away; it is about giving people freedom from addiction before it ever appears.

For me, the Bill is also about something so much deeper. It is about time—time with family and time with friends. How many of us have lost loved ones to cancer? I lost my grandfather to cancer, and my mum has had lung cancer. My mum was entirely fit at the time she was diagnosed with lung cancer—she used to do a Joe Wicks workout every morning. As she came from a place in the north where people suffer from lung-related illnesses, she was part of a pilot scheme to scan smokers and previous smokers for issues. Her cancer was caught early, while she had no symptoms. My family know how lucky we are. We were lucky that the cancer, which would have continued to grow in her body, was caught then and there. In fact, the cancer was so small that after it was taken away, she needed no further treatment; just a lobe of her lung was removed. My family could not be more grateful that she was part of that scheme, that she is still doing Joe Wicks exercises in the morning, and that she is still around to play with her grandchildren.

How many more precious moments with families will this Bill provide? That is the only question that I am here to answer. Truly, the children of the future may never know how their lives were changed by this Bill—just as I do not really know how my life was changed by the seatbelt Bill introduced years before I was born—because they will never have picked up the smoking habit in the first place. They will live longer, live healthier, and have more time with the people whom they love. Let this be the generation that ends youth addiction before it begins.

[Robin Swann (South Antrim) (UUP)]

I echo the words of the hon. and learned Member for North Antrim (Jim Allister) with regard to the importance of this Bill applying to all four nations: I want it to cover the entirety of the United Kingdom. Some 2,200 people in Northern Ireland die every year from a smoking-related illness. One in four of our cancer cases is related to smoking. The consultation carried out by the previous Government on their legislation, which was specifically about creating a smokefree generation, found that 62.5% of the UK population were supportive. In Northern Ireland, however, 79% were in favour of bringing forward this legislation.

Back in May 2024, when I was a Northern Ireland Health Minister, I introduced the original legislative consent motion, which received all-party support across the Northern Ireland Assembly, and yes, as the hon. and learned Member for North Antrim has mentioned, there were concerns over the applicability of the measure owing to EU regulations and legislation. There was a concern that the law would remain undelivered in Northern Ireland. At that stage, I engaged with the then UK Government, and have now engaged with this Government to seek assurances that this lifesaving, life-changing legislation will apply equally and favourably to all parts of our United Kingdom. I look forward to the Minister being able to give me those reassurances. I have signed new clause 3, because I accepted those reassurances as Health Minister but would appreciate reinforcement in this legislation.

Much has been said about the entrapment of our young people—whether previously with regard to tobacco, or now with vaping and vaping products and how they are being marketed and presented. One of the most harrowing reports that I have read recently was regarding Alder Hey children’s hospital, which has now opened a clinic for children addicted to nicotine. They became hooked because of vaping. Twelve children between the ages of 11 and 15 have had to seek medical help to cut down and deal with their nicotine addiction. Twelve children between the ages of 11 and 15 are receiving treatment in a children’s hospital due to the evil promotion and enhancement of not just vaping but nicotine. We are looking to save money within our national health service, but we are already encouraging and enabling these young people to become addicted to a dangerous drug. We should be doing everything we can in this place for young people.

According to reports about the Alder Hey clinic, children as young as eight are vaping regularly. Some reportedly cannot get out of bed in the morning before they take their first puff. That is a disgrace. I encourage anyone in this Chamber who in any way opposes the Bill or thinks that this is not the right thing to do to seriously consider how vaping is impacting our young people across this United Kingdom.

I finish by asking the Minister to reassure this House, not just with words but with action. Can she assure those of us from Northern Ireland who have supported the legislation and worked hard to make sure that it had a four-nations approach that the guidance, support and legal enforcement in the Bill is equally applicable to us in Northern Ireland?

[Jim Dickson]

I rise to speak to new clause 14 and amendments 86 and 87. I declare an interest as vice chair of the all-party parliamentary group on smoking and health. I am also a previous smoker and a strong supporter of this legislation.

New clause 14 would introduce a ban on all filters, regardless of whether they contain plastic. I understand the environmental motivations behind new clause 2 from the hon. Member for Gosport (Dame Caroline Dinenage), but I worry that the amendment is not sufficient to address environmental concerns and could even have a damaging impact on public health. Let us start from the understanding that there are no health benefits to filters. They were developed by the tobacco industry following evidence that smoking caused lung cancer in order to give a false sense of reassurance to smokers. Filters have been dubbed

“the deadliest fraud in the history of human civilisation”.

Most filters contain single-use plastics and are a major environmental hazard, costing UK local authorities around £40 million a year to clean up. Cigarette filters are the most littered item in the world. In the UK they make up 66% of all littered items. Biodegradable alternatives may therefore feel like an attractive solution, but biodegradable filters do not eliminate environmental concerns. They have been shown to be equally toxic to marine and freshwater life when littered in our rivers and seas. They take between two and 14 years to decompose, and they often do so only in very particular conditions, such as under high temperatures. Biodegradable filters could also lead to an increase in guilt-free littering through smokers believing that discarded butts do not have an environmental impact.

However, the greatest risk of biodegradable filters is that they allow tobacco companies to continue with filter fraud and greenwashing in order to rehabilitate their reputation. The best policy, therefore, is to ban all filters. It would mean smokers smoking filterless cigarettes, which, I remind the House, are no worse for their health. It would incentivise quitting, which is the best way to tackle tobacco-related litter and pollution, and it would put people off starting smoking—something of which I am sure everyone in this Chamber would be in favour.

Ending the sale of filters would remove the fraud being perpetrated on smokers that by using a filter they are protecting their health. We banned descriptors such as “light” and “mild”, because they gave false comfort to smokers that they were using safer products and inhibited them quitting. We should do the same again by banning filters, ensuring that those who smoke do not do so because of a belief that their cigarette is safer. Recent ASH polling showed that only 25% of the public is able to correctly identify that filters have no health benefit. The Government should be bold in addressing these misconceptions for the benefit of public health and take the opportunity of a ban to highlight the harms of tobacco.

A ban on filters is an opportunity to protect the environment and secure health benefits. The impact of any ban should be maximised by a strong communications campaign to educate smokers and the wider public about filter fraud.

Briefly, amendments 86 and 87 flag the need for the Government to consider the matter of the sale of bundles of tobacco papers and filters, which could be seen as smoking starter kits. Some supermarkets offer these bundles at only a small cost above the price of the tobacco alone. They are convenient and cost-saving for smokers. That undermines the public health motivation for increasing the price of tobacco products.