Tobacco and Vapes Bill (Fifteenth sitting)

Sadik Al-Hassan Excerpts

Committee stage
Thursday 30th January 2025 Public Bill Committees

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

When we adjourned on Tuesday evening, we were talking about this clause, which relates to shipping and a power to prohibit vaping and so on ships. We were —or I was—talking about the history of maritime restrictions on tobacco and cigarette use and why that has been the case. I had a couple of questions about the clause for the Minister.

My first question relates to the fixed penalty notices and the powers of entry mentioned in relation to previous enforcement. How would they apply on board ship, given the international nature of shipping? What is the role of maritime authorities and enforcement, or is it down to the captain? Who is going to enforce this? How will it work across different jurisdictions? Many ships operate internationally, so it is relevant to consider how the regulation interacts with international maritime law. For example, if a ship is registered in one country but operates in another jurisdiction, how will enforcement of the new provisions vary?

Enforcing a vape ban on ships operating in international waters, or outside the jurisdiction of the United Kingdom, raises the question of which laws apply. Ships registered under a particular nation’s flag are typically subject to the laws of that nation, but in international waters, enforcement may be complicated by the lack of physical presence of the authorities in the country whose law is being enforced.

[Sadik Al-Hassan (North Somerset) (Lab)]

It is a pleasure to serve under your chairship, Mr Pritchard. On the questions that the hon. Member is asking about maritime law, are those kinds of issues not already tackled? Drinking, gambling and so on can happen on ships, but do not happen when they enter countries, and that is based on agreements between international partners, shall we say.

[Dr Johnson]

We are talking about something that will be illegal in the United Kingdom and how United Kingdom law is enforced. My question relates to how people might behave in other countries’ waters on the basis of local laws. The question is, if this is a law that we are bringing in to apply to British ships, how will the Government expect it to apply when the British ship is not in a British port or in British waters, but perhaps in international or foreign waters? It could lead to difficulties in compliance and potential jurisdictional conflicts where the local laws do not agree. If the ship is operating in another nation’s territorial waters, that country might have its own laws on vaping or smoking. Which law prevails? Another question is when trying to enforce a ban when transporting humanitarian aid or refugees, in that the people who are being picked up might not realise that there is a ban. How would that be enforced in such circumstances?

Some people might ask whether the extent of the regulations for vaping and heated-tobacco devices is too inflexible? Such devices do not pose the same fire risks as cigarettes or pipes, although they are not without risk. Modern Royal Navy deployments, as I understand them, can typically last six to nine months, and vaping is used when smokers are trying to quit as a cessation tool. What discussions has the Minister had about the health of our military personnel deployed for such periods of time? How will he ensure access to nicotine replacement therapy and smoking cessation services so that we are not leaving people without access to what would, for them as an adult, be a legal product?