Spice-spiked Vapes

Tessa Munt Excerpts

Tuesday 15th October 2024 Commons Chamber

[The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)]

I start by congratulating the hon. Member for Bath (Wera Hobhouse) on securing this important debate. I have listened carefully to her contribution, as well as those of the hon. Member for St Ives (Andrew George) and of my hon. Friend the Member for Worthing West (Dr Cooper), and I very much share the concerns that have been expressed about this matter. As Minister for Policing, I am really keen to gain as full an understanding as possible of the threats to public safety, including ones such as this, so while the subject matter of this debate is deeply troubling, I am grateful that it has been brought before the House this evening for consideration. I am also appreciative of the research undertaken by Professor Pudney, which has helped to identify this issue. Home Office and health officials have met him to discuss his findings, and we continue to consider any emerging evidence on the harms of illicit drugs.

I will start by making some general comments about vapes. First, vapes containing Spice are illegal, and no one should be buying or using those products—I will say a little bit more about that later. The Government welcome adult smokers switching to vaping as part of their efforts to give up smoking, but discourage the use of vaping by children and non-smokers. As the chief medical officer, Professor Sir Chris Whitty, has said,

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

The law currently protects children through restricting sales of nicotine-inhaling vapes to over-18s only, limiting nicotine content, labelling requirements and advertising restrictions. The Department of Health and Social Care is providing £3 million in funding over two years specifically to enhance the work led by National Trading Standards to tackle underage and illicit vape sales. However, non-nicotine vapes and other nicotine products such as nicotine pouches have much lower levels of regulation, and current levels of youth vaping and the targeting of products at children mean that further restrictions are needed.

That is why, as the hon. Member for Bath referred to, the Government will be introducing the tobacco and vapes Bill to address the high rates of youth vaping, alongside measures to make the UK smokefree. That Bill includes landmark policies to protect our children from the harms of vaping and the risk of nicotine addiction. Among other things, the Bill will stop vapes and nicotine products from being deliberately branded for, and advertised to, children; introduce a minimum age of sale of 18 for non-nicotine vapes and nicotine products to ensure they cannot be sold to children; ban the free distribution of vaping and nicotine products; and provide the Government with regulation-making powers to restrict flavours, point-of-sale displays and packaging for all vaping and nicotine products.

The measures in the Bill are intended to bring about definitive and positive change to stop future generations from becoming hooked on nicotine while ensuring that vapes can remain a means by which adult smokers can quit. However, I note the proposals for amending that Bill that the hon. Member for Bath has put forward. I am very happy to take those proposals away and discuss them with officials, as well as share them with the public health Minister, my hon. Friend the Member for Gorton and Denton (Andrew Gwynne), because this is his Bill—he will be bringing it forward. I hope the hon. Lady will allow me to give her my assurance that all the issues she has raised will be considered.

[Tessa Munt (Wells and Mendip Hills) (LD)]

Can the Minister confirm that the new Bill will take the age limit at which people can use cigarettes up gradually, as was proposed previously, and whether vaping will be caught in the same path? The Minister has referred to children, but children eventually become young adults and then adults themselves, and we need to prevent vaping from being an alternative. It just needs to be stopped.

[Dame Diana Johnson]

Again, I emphasise that the Bill is not within the Home Office’s purview; it is a DHSC measure. I will ask the Minister for Public Health to respond to the hon. Member for Wells and Mendip Hills (Tessa Munt) because I am not yet sighted on the whole Bill.

As the hon. Member for Bath said, the addition of Spice to some vapes is particularly concerning. Spice is a street name for synthetic cannabinoid receptor agonists, or SCRAs. Other brand names are also associated with SCRAs, such as Black Mamba. However, despite the suggestion of a link in the term “synthetic cannabinoid”, there is no relationship between SCRAs and the cannabis plant.

Let me be clear: vapes containing SCRAs are illegal. Most SCRAs, including Spice, are controlled as class B drugs via a generic definition under the Misuse of Drugs Act 1971. The import, production or supply of a class B drug carries a maximum sentence of up to 14 years’ imprisonment, an unlimited fine or both. Although legislation is in place, with punitive sanctions to tackle offences, including the supply of SCRAs, there is something particularly concerning about the attempt by some criminals to peddle vapes containing SCRAs that are designed to appeal to children. I want to talk about what we can do to deal with that. The hon. Member made some suggestions.

I am sure that we agree that early drug use significantly increases exposure to health and social harms, including substance use disorder or dependency later in life. One of the most effective approaches to preventing drug misuse and risky behaviour is through empowering and building resilience in children and young people.

Health education is a compulsory subject in schools and is taught as part of the relationships, sex and health education curriculum. Health education includes content on drugs, alcohol and tobacco. As with other aspects of the curriculum, schools have flexibility about how they deliver these subjects, so that they can develop an integrated approach that is sensitive to the needs and background of their pupils. For example, in areas where there are significant problems with drugs or vapes, a school can choose to dedicate more time to this topic.

The hon. Member may know that the relationships, sex and health education curriculum is currently being reviewed, and, as part of that, the Department for Education will explore whether any more content on this subject is required. The Education Secretary has said that children’s wellbeing must be at the heart of the RSHE guidance and has committed to looking carefully at the public consultation responses and considering the relevant evidence before setting out next steps to take the guidance forward.

In respect of vapes specifically, the Department for Education and the Department of Health and Social Care have taken a number of steps to increase the training resources and support available for teachers and schools. They have updated the curriculum to include the health risks of vaping and published new online content on the potential risks of vaping for young people. I noted carefully what the hon. Member said about parents as well as young people needing to be educated, and also about politicians needing to have that education.