Tobacco and Vapes Bill

Debate between Tristan Osborne and Jim Allister

Report stage
Wednesday 26th March 2025 Commons Chamber

[Tristan Osborne]

I thank the right hon. Gentleman for his contribution. I want to take him back to his speech, when he said that he would consider an increase in age to 21 or 25. My concern is that that would introduce a two-tier adult status. If we increase the age from 18 to 21 overnight, there will be adults who previously could smoke who will then be banned from smoking for three years. I do not accept the premise that we should have two-tier adults, which is why I believe in a staged increase in smoking cessation.

On new clause 13, I support the Government’s ambition to reduce smoking and I want to make it absolutely clear that this measure is part of a global standard to reduce smoking around the world. The Bill is pioneering and I urge Members to support it.

[Jim Allister (North Antrim) (TUV)]

On Second Reading, the Government said that this is a four nations Bill. On the face of it, it is, but the legal reality is that it is not. The provisions applicable to Northern Ireland are inevitably destined to be struck down by the High Court because of Northern Ireland’s subjugation, under the protocol or Windsor framework, to EU law. The specific EU law that Northern Ireland is subject to relevant to this Bill is the tobacco directive. According to that directive, states cannot limit the placing on the market of tobacco products. That caused the Governments of two countries within the EU—the Governments of Denmark and the Irish Republic—to withdraw proposals, while acknowledging that they wanted to do what this House is doing, but could not do so, because it would breach the tobacco directive.