Tobacco and Vapes Bill (Second sitting)

Debate between Tristan Osborne and Euan Stainbank

Committee stage
Tuesday 7th January 2025 Public Bill Committees

[Tristan Osborne (Chatham and Aylesford) (Lab)]

Q My first question is on the enforcement element. We have had some correspondence and feedback that the £200 level is too low. I wonder whether councils or the Local Government Association have a view on the appropriate level. Conversely, if the level were too high, it would potentially damage high streets by loss of trade and shops closing because of fear. Is there a worry in the local government community that we could see high street shops closing as a result of enforcement? Again, those are some of the comments coming out of the correspondence we have received.

David Fothergill: I will take the fines element first and then talk about the cost of licensing for those retailers. A fine of £200 is quite a low figure. I think it was £100 previously, so it has been increased. If you pay within 10 days, it goes from £200 to £100. If you sell 40 vapes in one day, you have paid your fine. Some retailers—very few, because the vast majority are scrupulous—will take the view that they could sell more vapes to under-age people and those they should not be selling to, and pay that £100 fine within 10 days. So yes, we view it as too low. We would like to see a review brought in within a year to see whether it should be increased.

If we can align the cost of licensing fees with alcohol licensing, that would enable us to find a way to reduce the burden, because the vast majority of people who are selling alcohol are also selling tobacco. We need to work with our businesses to reduce the cost of applying for those licences, which is why we need the consultation period over the next few months, before we bring in legislation, to ensure that we have worked with our retailers, the public and our communities in order to deliver a scheme that actually works.

[Euan Stainbank (Falkirk) (Lab)]

Q Do you believe that the generational smoking ban might cause an increase in the use of other nicotine products such as vapes, smoke-free tobacco or even illicit products?

Alison Challenger: We are ultimately trying to reduce the harm caused by smoking—that is the big killer, and we really would not want to lose sight of that. The Bill also brings in elements around the second-hand smoke agenda. It is important to recognise that there are many vulnerable people who would potentially be harmed by breathing in second-hand smoke, so we welcome the fact that the Bill includes that element. As for whether it will increase vaping, it is really hard to know at the moment how that will work out. Potentially more people might switch to vaping, but ultimately, the Bill brings in a progressive approach to taking out smoking tobacco, which is to be welcomed.

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[Tristan Osborne]

Q I have two questions. First, on digital taxation, I understand that under the previous Government, in March, vapes were to become digitally registered—with a digital tax—which should make it easier to identify fraud and misaligned products effectively. Is there any commentary around the implementation of that? Have you seen that come forward? Are you working with HMRC on the sort of digital tax regime around that? Do you think that that is important, in your job, to reduce fraudulent products?

Secondly, in the United States, you can have products with up to 60 mg-worth of nicotine; that is a standard product in the United States. In the UK, it is 20 mg, or significantly less. Is there an awareness within trading standards of just how much we are potentially out of kilter with some of the key markets that we are aligned to? Our limit is significantly lower than those of other major economies, so do you think that we might therefore have a problem with products perhaps coming in from other sources that are not the same as tobacco? Is that a concern for your Department?

Lord Michael Bichard: I will pass that one to Wendy, if it is not unfair. On the first point, you are right that we think that that is going to make regulation enforcement easier but I will have to leave the second question to Wendy, I am afraid.

Wendy Martin: Just to reinforce Michael’s point around the digital stamps, I am not close to this myself, but I know that trading standards colleagues who are operational experts in this field are working in response to the various HMRC consultations about the implementation of excise and tax stamps, and those sorts of things. I know those conversations are happening, and I think the view is that that kind of simple identification is really important for trading standards.

In terms of the 60 mg versus 20 mg, I am afraid I do not have any detailed knowledge of that personally, but I would certainly anticipate that those kinds of challenges and issues would be built into the guidance and information being put to officers and any planned training programmes once we know the final form of the Bill, the excise duty and all the other changes coming over the next few years as the Bill and other legislation progress. I am sorry that I do not have a detailed answer.

Lord Michael Bichard: But we can get it for you.

[Euan Stainbank]

Q Do you see any challenges in the enforcement of the advertising and display of vapes, in shops especially—in what we would class as more generic stores, rather than bespoke venues?

Lord Michael Bichard: I do not want to sound complacent, because I am not. But this is something we are used to doing, so we do not see that as a major issue or a major problem. That is what we do.

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[Tristan Osborne]

Q My question is about price. In this Bill, we are looking to ban disposable vapes, which, as a former teacher myself, I used to see in toilet bowls and other exciting locations in secondary schools, sadly. Do you think that that is going to have a major impact in the form of kids perhaps not being able to afford these products, and so we will see a reduction? Do you think that the price differential is going to be an important factor?

Matthew Shanks: Yes, but not on its own. It would help, but people will find a way to get something if they want it—we know that. The price hike without the education might increase other instances of unpleasantness between people, such as bullying, bribing, theft and so on. It has to come alongside education. The whole message needs to be that vaping is not something for children to engage in. It is something to help people to stop smoking. That is my view and the view of educators.

[Euan Stainbank]

Q I have a quick question about flavours and colourings. I am trying to understand the predominant issue with reusable vapes. I am quite surprised to hear that refillable vapes are not an issue in schools. Could you expand on that?

Matthew Shanks: It is not that they are not an issue—