Tobacco and Vapes Bill

Steve Brine Excerpts

2nd reading
Tuesday 16th April 2024 Commons Chamber

[Steve Brine (Winchester) (Con)]

I start with a spoiler alert: I will be voting to give the Tobacco and Vapes Bill a Second Reading this evening. As we might say, prevention is the new cure. I will not spend my time reading out the screeds of statistics that we have already heard, but the bottom line is that smoking products are the only product on sale legally in our country today that—if you follow the instructions—will kill you. Both Labour and Conservative Governments have acted in the past, and we have seen smoking rates tumble as a result. It is now time to finish the job, and this Bill can be part of that.

Here is where I am coming from. We talk a lot about the pressures on the NHS. Indeed, there have been some new waiting list figures published while we have been away. We talk about public satisfaction—colleagues will be aware of the latest British social attitudes survey last month. We talk endlessly about systems, budgets and staffing, which is all quite proper. They are all issues that we face, and my Health and Social Care Committee does not duck any of them.

We can increase the budget, and we have done so hugely. The NHS in England has never had more money. We can put in a place a properly funded workforce plan, as my Committee called for—and we have. We can produce credible recovery plans for urgent and emergency care, primary care and elective waiting lists, and the Government, to their credit, have done all of those things. We can make use of a much wider workforce—Pharmacy First is a good example—but the truth is that demand continues to outstrip supply, and we cannot continue to increase the health budget faster than our economy is growing. We have to think long-term about population preventive health.

For me, there is no more obvious and glaring candidate for healthcare gains from prevention than action against smoking. When looking at this legislation, I ask not whether we want to finish the job on smoking, or whether it is right to save tens of thousands of lives lost to cancer, heart disease and stroke by doing that—I lost both my parents to cancer before I was 50—but whether the proposed measures aimed at creating a smoke-free generation will actually work. I also ask: how strong is the resolve of Ministers to swiftly use the powers they are taking in the Bill to tackle the use of vapes among children? An issue often overlooked is whether we will we keep the focus on the current smokers we must also help to quit.

Modelling from the Department shows us that if the age of sale were increased by one year every year, as proposed in the Bill, smoking rates among 14 to 30-year-olds are likely to be zero by 2050. I have said this since the Prime Minister announced his intention to bring forward these measures in his conference speech last year, and he deserves so much credit for bringing this change to the House. The Government must win the argument on this as well as the vote, now that the Bill is before Parliament. The Secretary of State, who is no longer in her place, did that today, and I pay credit to the shadow Secretary of State for his part in that.

I wish to touch on an issue that we have already heard of today. The fact is that at some future point we will have a situation in which a 50-year-old can legally smoke while a 49-year-old cannot. There is no getting away from that. That is a possible scenario for sure and, yes, it is rather inelegant, but it also misses the very point of the smoke-free ambition at the heart of the Bill. The clue is in the name: smoke free. The Bill does not criminalise existing smokers, and it ensures that the purchase of tobacco by those under the legal age of sale will not be criminalised. Compliance will be the responsibility of the business, as is the case with the current age-of-sale laws in England. The Bill makes it illegal to sell tobacco products to anyone who is born on or after new year’s day 2009. That includes my 13-year-old son, William. By passing this legislation, the state is saying to him that it is not okay to start smoking when he reaches 18—I think that when we look back we will ask how we ever said it was—and by doing so my son never becomes that 49-year-old. End of story.

We are told that raising the age of sale will fuel the black market, and the next generation of smokers will pick up the habit via illicit sales. A comprehensive anti-smuggling strategy, updated over time, has succeeded in halving the illicit market share from 22% to 11%. I welcome the fact that the anti-smuggling strategy of Border Force and His Majesty’s Revenue and Customs has been updated in the light of this proposed legislation. Am I just being hopeful in thinking this will work? Select Committee Chairs do not just do hope; they do evidence. I do not think I am just being hopeful. When the age of sale was raised from 16 to 18 in 2007, the illicit market did not increase.

Of course, all this—and, as I have said, we must continue to give help to current smokers to quit—needs funding. I welcome the investment of £70 million a year for the next five years into stop-smoking services, but that is a lot of money, so I cannot for the life of me see why Ministers do not look again at the Khan review call for a “polluter pays” principle in the form of a tobacco industry levy. Let us make that a reality.

Let me turn to vapes. The Bill gets 10 out of 10 for intention, but on planned enforceable action I am not so sure, because we just do not know enough. Increasingly, the genie is already out of the bottle—or out of the unknown, untested, bubble-gum flavoured canister—when it comes to vaping, but the kids are not alright on this. Let us make no mistake: users are mostly youngsters, who these days will seldom even think of trying the fags. Vapes are no longer only or even principally aimed at adults who are trying to quit cigarettes. Just when smoking by children was decreasing, vaping by children has started to rise hugely. Between 2018 and 2020, vaping rates doubled.

The benefit of vaping as a safer option for those who currently smoke tobacco is clear, but it is also increasingly obvious that for those who have never smoked it is certainly not risk free. The World Health Organisation has said that vapes are harmful. Schools are worried, as colleagues will hear from any headteacher in their constituencies. In my Committee’s oral evidence hearing on vaping, our witnesses repeatedly raised concerns about the health and behavioural effects of vaping-led nicotine consumption and addiction in schools, including on concentration in class.

The long-term effects of vaping are simply not known, so I cautiously welcome the fact that the Bill takes powers to crack down on youth vaping through regulations to restrict flavours, point-of-sale displays in retail outlets and packaging. However, I cannot go further, because the Bill states throughout:

“The Secretary of State may by regulations make provision”,

and by virtue of the fact that we do not have those regulations before us, it is hard to get a sense of their scope. In winding up, will the Minister update the House on when we might see those regs?

I am pleased to see the new excise duty on vaping products to discourage non-smokers and young people from vaping. I know that the Department for Environment, Food and Rural Affairs will lead on the ban on the sale and supply of disposable vapes, and that the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024 were out for consultation until the end of March. Again, I would be grateful if the Minister updated the House on when that legislation will be taken forward and whether the Bill must first receive Royal Assent? Obviously, I understand the environmental case for a ban on disposables, but I have concerns about us taking away a ladder for adult smokers to climb down. We must be super careful not to tip adults who use vapes to quit cigarettes back to smoking by taking away options.

There has been some talk of a retail licensing scheme—we heard the Secretary of State refer to it earlier. We could perhaps disregard such a scheme if we went down the road of a prescription-only model for vapes so that they are used only under clinical guidance to help adults smokers to quit. In truth, I do not think our current regulatory environment, courtesy of the Medicines and Healthcare products Regulatory Agency, makes it easy to bring a prescription vape to market. The speed of innovation in the sector alongside the slowness of regulation would make it a real challenge for providers, and unless Ministers address that, I do not see how we advance that cause.

We will hear today—we certainly have in the media—about banning things. We will hear about the nanny state, and perhaps even an echo from the distant past about Anglo-Saxon England. Well, as the MP representing the capital of the former Kingdom of Wessex, I do not hold much truck with that. I prefer to listen—fool that I am—to the four chief medical officers of our nation, who say:

“To be pro-individual choice should mean being against the deliberate addiction of children, young people and young adults to something that will harm them, potentially fatally.”

I have always believed that in a publicly funded healthcare system we have a right and, indeed, a responsibility to act on public health, because it becomes everyone’s problem when we do not. Conservatives for whom a smaller state is their thing—although I can never pinpoint which part of the state they do not want their constituents to have—should be right behind a healthier society, because it is one that needs the state less, relies on the state less and costs the state less.

In the light of the important points that I have tried to cover, I will vote to give this important and historic Bill a Second Reading.

--- Later in debate ---

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

It is a pleasure to be called in this debate, although I confess it is one that has depressed me, because this is fundamentally illiberal legislation. If I am in the House for any reason it is because I believe in liberalism—in the ability of people to make better choices for themselves than can the state.

It strikes me that we are witnessing an encroaching tide whereby ever more of our liberties are taken away from us—the speech by my right hon. Friend the Member for Rossendale and Darwen (Sir Jake Berry) was very good on that. We are fortunate in Britain to live in a country where we do not get our rights from the state; we have them inalienably from birth, and it is only the things that we proactively proscribe that we cannot do, but we are adding more and more things to that list.

I say that as someone who is totally clear that smoking is a terrible idea, and I would not recommend it to any young person. I have spent a lot of time with Mr Jonathan Ferguson at James Cook University Hospital in Middlesbrough and have seen the pioneering work he has done on lung cancer. It is absolutely crystal clear that smoking damages your health and damages your wealth and is an antisocial habit in so many ways, but—and it is a big but—I do not believe it is my right to tell my fellow citizens that they cannot do it, any more than it is their right to tell me that I cannot have a glass of red wine with dinner. These are not things that the state ought sensibly to be proscribing.

I actually think we have reached a relatively sensible point with regard to smoking legislation. Not allowing smoking in public places where it can impinge on others is very reasonable and sensible, and I do not think anyone would want to go back to the situation before the 2006 legislation. However, whether we smoke at all in private should be up to us, not the state. We risk creating a huge philosophical as well as practical problem, which will undoubtedly lead to further rights creep as the years go by, because it is likely that the health lobby—the interventionist lobby, as the shadow Secretary of State put it in his speech—will use this as a logic to allow them to move into other fields, and what will our ability then be to resist that argument if we have conceded it here today? So there is a profound philosophical problem with this.

I also believe that it will in practice be a nightmare for shop workers up and down the country to be asked to enforce this. It will place them in an invidious position, which is likely to lead either to them facing real trouble in their shops or, frankly, to them passing the buck and ignoring the law, and making a mockery of its existing at all.

[Steve Brine]

On the “what next?” point, when I was Public Health Minister, we brought in the sugar tax with the soft drinks industry levy. That encouraged the industry to reformulate drinks and took quite a lot of sugar out as a result, because industry followed that trend. If we reformulated processed food to take a lot of salt out and saved a lot of lives from stroke, would that be a good or a bad thing?

[Sir Simon Clarke]

That would arguably be perfectly sensible, but it is different from a ban. The point is about the degree of harm. I strongly support the ban on illegal drugs, but I do so because cocaine, heroin and the like wreck lives and destroy communities. Tobacco does not do that, but we already have enough difficulty enforcing the existing bans that we have in place, which already stretch our resources to the utmost. Frankly, as we all know, we all too often fail to enforce those bans. Adding a new ban risks creating something that will be unworkable from the outset, while creating a huge black market in which criminal enterprise will thrive. Meanwhile, the state will have forgone the tax revenues—some £10 billion or £11 billion a year—that are ploughed back into our public services, including the health service, to combat the effects of smoking. That revenue simply will not be there anymore. We will likely still have people smoking, but we will have offset many of the revenue streams that allow us to combat it.

I simply do not understand how a Conservative Prime Minister thought it appropriate to bring forward legislation that is the opposite of why we are sent to this House, which is to defend and uphold the principle of individual choice and individual liberty. As we have heard, where this legislation has been introduced, it has already been repealed, as in New Zealand. I fear that in this country we will face a choice in the years ahead: either eventual repeal because the legislation does not work or, as my hon. Friend the Member for Rother Valley (Alexander Stafford) said, an outright ban, because of the sheer unworkability of trying to ascertain in practice whether the person in front of you in the queue is aged 39 or 40. We will doubtless simply see a Labour Government move towards an outright ban to make the situation simpler, tidier and neater. That would be a real red line, but we would have forgone the ability to make the principal case against it.

--- Later in debate ---

[Bob Blackman (Harrow East) (Con)]

I rise to support the Bill and to make two declarations. First, I chair the all-party parliamentary group on smoking and health. The group’s objective is to encourage people who smoke to give up and young people not to take up smoking at all in the first place, which the Bill aims to achieve. My second declaration is personal. I do not want anybody else to go through what I went through, which was seeing my two parents dying of cancer—a smoking-related disease. I well remember my late mother, at the age of 47, gasping for her last breath. She had been smoking since she was 12. At the time, smoking was almost encouraged by doctors and the medical fraternity, as the implication was that it was a good thing to do.

I want to see a smoke-free generation. We have the opportunity to achieve that now. New Zealand was going to be at the forefront of this effort, but has decided not to go ahead, which means that we can now be in the vanguard of creating the first smoke-free generation in the world. However, the stakes could not be higher. Research from University College London says that 350 young people between the ages of 18 and 25 take up smoking every day. That means that 50,000 young people have taken up smoking since the Government first announced their proposals. They will face a lifetime of addiction and early death as a result.

Relatively few people in my constituency smoke—the numbers are way below average rates. None the less, smoking-related diseases accounted for 1,300 hospital admissions in the year before the pandemic. People suffer the same inequalities as a result. Some say that if we implement these measures we will not have the taxation coming into the Treasury, but in 2023, smoking cost the economy £21 billion. That is more than double the revenue that the Government get from tobacco levies. Some say that people who die early are doing us a favour by not being an imposition on the national health service. That is absolutely outrageous. We want people to live longer and healthier lives.

Let me make this clear for all those who believe in freedom of choice. I am a dyed-in-the-wool Conservative and I believe in free choice, but the only free choice that a person makes if they take up smoking is to take that first cigarette, because after that they are addicted for life; the craving is there. Although most adult smokers want to give up, the reality is that it takes 30 attempts to succeed. Only one in 10 smokers achieve that each year. Therefore, if a person smokes, they will die a horrible death, probably as a result of a smoking-related disease.

This Bill has the opportunity of creating a smoke-free generation and of making sure that young people do not get addicted in the first place. If they wish to take up smoking when they are an adult that is their choice—their free choice—but, importantly, this Bill does not criminalise those people who smoke at the moment for either purchasing or using tobacco. The legal obligation will be on the retailers not to sell tobacco to those who are underage.

Like many people, I am concerned about the number of young people taking up vaping. The reality is that we do not yet have the evidence of what that will do to their lungs in the future. We know that it will get them addicted to nicotine, which is the most addictive drug known to man or woman. Once they are addicted to some form of nicotine, the temptation is to go further. We do not know what damage is being done to people’s lungs by the delivery mechanism of vaping, but medical evidence on that will emerge. It is important that we take action now rather than waiting to see what happens.

There is clear public support for these measures. Sixty nine per cent. of the public, including more than half of all smokers, back the Prime Minister’s age of sale proposal. There is support for the Bill across the political parties. The majority of people who vote for each of our parties across the Chamber support this proposal, and that should not come as a great surprise, because no one wants to see their children or grandchildren become addicted.

Sadly, big tobacco is fighting back. Tobacco companies have even attempted to classify themselves as allies of public health. Philip Morris International threatened to take legal action against the Government to delay the legislation. I am not sure what it thinks it is saying with its new corporate slogan, “Delivering a smoke-free future” when its whole aim is to get people addicted in the first place. The other reality is that big tobacco has been trying to get many of its products, such as heat-not-burn and cigars, exempted from the Bill—exemptions that would undermine the Bill before it even takes effect. Those products still contain tobacco and harmful products, and still cause damage to people’s health. We cannot allow those exemptions to happen. Another thing that we should change is the current exemption for cigarillos from standardised packaging laws—maybe we could consider that as the legislating take place.

The other reality that I want to mention is the discrepancies between Scotland, Northern Ireland, Wales and England. Scotland has a clear requirement for retailers to identify people by their age. I welcome that, as it is the right thing to do. As it stands, the Bill does not appear to require that in Wales or in England. I hope that we can amend the Bill as it goes through Committee to allow the provision that exists in Scotland —we should support what they have done there—to apply in England, Wales and Northern Ireland.

I know that you require me to sit down, Madam Deputy Speaker, but this is a subject that I have been passionate about for rather a long time. The reality is that the smoking ban back in 2007 was led from the Back Benches. Indeed, many Labour Ministers voted against the tobacco ban—

[Steve Brine]

Including the Deputy Prime Minister.

[Bob Blackman]

Including the Deputy Prime Minister. From that ban through to the 2015 progress on tobacco control, such measures have consistently come from the Back Benches. In fact, colleagues from across the House have helped to implement many of them. I am delighted that the all-party parliamentary group’s recommendations have been included in the Khan review. I thank the Prime Minister for going even further than what we asked for, which was a rise in the age of sale to create a smoke-free generation by raising the age of sale by one year every year. The reality is that tobacco control measures have consistently passed through this Chamber and the other with overwhelming support from across parties every single time they have been proposed. I am confident that this Bill will be no different.