Tobacco and Vapes Bill

Wera Hobhouse Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Wes Streeting]

My hon. Friend is absolutely right. I am afraid that one of my first experiences of death was watching my grandmother die a very long, slow, painful death from lung cancer as a result of a life of chain smoking. That is the consequence of this cruel addiction. People who start smoking come to regret it. They struggle to stop, and I am afraid that the stolen years that they could have spent with children and grandchildren are only part of the cost. Part of my argument today, particularly to some Opposition Members, is about better use of public money and reducing the taxation burden. Other arguments, too, may have some currency with Members who might be opposed to these measures for libertarian reasons. We should not forget for a moment the impact of this cruel addiction and the harms caused by smoking on people’s quality of life, family life, and memories.

[Wera Hobhouse (Bath) (LD)]

rose—

[Wes Streeting]

I must make progress, otherwise we will not hear from anyone else in this debate—and I think that it will be a debate.

Taking action requires a reforming Government who are unafraid to take on the orthodoxies of both the right and the left. As I said, my right hon. Friend the Work and Pensions Secretary is today proposing radical reforms to the welfare system. Earlier this month, I set out a package of reforms to drive better productivity in the NHS. Today, we are proposing the biggest public health reform in a generation: phasing out smoking for the next generation by raising the legal age at which tobacco can be sold by one year every year, so that anyone aged 15 and under today will never legally be sold cigarettes. That will phase out smoking altogether.

Almost 20 years ago, the last Labour Government introduced the ban on smoking indoors in public places, as my hon. Friend the Member for Harlow (Chris Vince) said. We heard many of the same arguments, frankly, from opponents of that measure as we hear from opponents of the Bill today. They are free to correct me if I am wrong, but I do not think that Opposition Members who oppose the Bill are also proposing scrapping the indoor smoking ban. We have political consensus on the issue because of its success. The year after the ban came into force in 2007, hospital admissions for heart attacks dropped by 1,200. Admissions for children with asthma had been rising by 5% a year before the ban. After it was introduced, admissions fell by 18% in just three years. Since 2007, smoking rates have been cut by over a third, and as our understanding of second-hand smoke grew, the ban sparked a cultural change. People no longer thought it acceptable to smoke in front of their children, and many stepped outside, even in their own homes. It is time to build on that success.

No smoker intends to cause harm to others, but that is unintentionally what they do through second-hand smoke. The harms from second-hand smoke are less than from actively smoking, but the evidence shows they are still substantial. If people can smell smoke, they are inhaling it. Smoke near schools and playgrounds exposes children to smoke. Hospitals, by definition, have high numbers of medically vulnerable people on their grounds. The Bill will allow Government to extend the ban on indoor smoking to certain outdoor settings, and we will consult on banning smoking outside schools, playgrounds and hospitals to protect children and the most vulnerable.

As we act to prevent harms from smoking, we must also tackle the rising problem of youth vaping. It has more than doubled in the last five years, and one in four 11 to 15-year-olds tried vaping last year. A new generation of children is getting hooked on nicotine, and there should be no doubt about the cause, and no illusion that this has happened by accident. On any high street in the country, we can see shop windows filled with brightly coloured packaging for vapes, with flavours like blue razz lemonade and tongue twisters sour apple. Those products are designed, made, packaged, marketed and sold deliberately to children. This industry has cynically targeted its harmful products to kids.

Action is long overdue. We promised to stamp out youth vaping in our manifesto, and the Bill delivers the change that we promised. It will close loopholes that allow vapes to be sold or given away to children, provide powers to regulate the flavours, packaging and display of vapes, and introduce on-the-spot fines of £200 for under-age sales. Just as we took action on the advertising and sponsorship of tobacco products, we will bring the law into line for vaping products, too.

[Wera Hobhouse]

I do not know whether the Secretary of State will still be in the Chamber when I talk about Spice-spiked vapes. I see a gap in the Bill: it does not talk about refills. The harmful practice of spiking vapes with Spice comes from the refills. I hope that the Government will listen to my concerns and be flexible, as they have already shown themselves to be in other places. Perhaps, during the passage of the Bill, we can include something about refills. Would he agree to that?

[Wes Streeting]

We want to work in a genuinely collaborative and cross-party way, and I know that is true right across the House. As I look at the Opposition Benches, including Conservative Benches, I see long-standing campaigners for action on smoking and vaping. We want to listen and engage.

I feel strongly about the matter, as does the Prime Minister. In our manifesto, we set out Labour’s mission to improve the health of the nation. We will be far better served as a country if this is a truly national mission, and if we come together in common cause for action on public health.

--- Later in debate ---

[Dr Cooper]

I wholeheartedly agree. Vending machines are often forgotten, but they are used for sales and marketing, and sometimes in ways we do not understand.

[Wera Hobhouse]

We should also look at online sales. A lot of young people purchase products online. May I ask the Minister what the Bill says about that?

[Dr Cooper]

I do not disagree. The Bill will give the Government far greater control over the marketing side of vapes and the flexibility to adjust regulations in the future. Life evolves outside this Chamber, and we need to be able to evolve with it flexibly.

Alongside the measures in this Bill, this Government have made important commitments to integrating smoking cessation into routine care and ensuring that the most disadvantaged groups are not left behind as we move towards a smokefree Britain. When I was undertaking my training in public health, a director of public health told me that our profession is where medicine meets politics—I am not sure how he would feel about me going into politics, but there we go. In this Bill, I am delighted to see the evidence and data provided by my profession working in synergy with this Government’s policy development to bring forward a Bill that will allow our young people to enjoy healthier futures and allow us all to live in a healthier environment. I thank all Members across the House for their work on this issue, and I offer my wholehearted support for the Bill.

--- Later in debate ---

[Wera Hobhouse (Bath) (LD)]

I congratulate the Government on their very strong stance on tobacco and protecting children, but—the Minister will know what is coming—when it comes to refillable vapes, the Bill is missing the mark. Research by Professor Chris Pudney at the University of Bath discovered that one in six vapes confiscated in schools contained the synthetic drug Spice—a highly addictive and dangerous drug commonly found in prisons. It causes very dangerous health conditions, including damage to vital organs. On our streets, users are often slumped in a semi-conscious state, unable to function. In our schools, children are collapsing. Some are rushed to intensive care; others are left battling lifelong addiction. The highly addictive nature of Spice makes it a gateway to criminal activity, coercion and abuse.

I have spoken about this alarming issue on several occasions, and I have had some assurances from the Government, but so far I have not seen anything on it in the Bill. It will not do anything to stop the trend of Spice-spiked vapes in schools, because the vapes that contain Spice are almost all refillable. Refillable vapes are rechargeable and feature an empty pod that can be filled up with a liquid of choice. Banning disposable vapes will not address that problem. Many of the confiscated vapes containing Spice were made to look exactly like a normal product from a shop, and they are usually sold as containing THC—tetrahydrocannabinol—also an illegal product in this country. Children are inadvertently consuming Spice under the impression that it is cannabis.

Vapes containing THC are widespread in parts of the United States where they are legal, but importing them to the UK is costly and difficult. Spice, however, is cheap, readily available and highly addictive. Dealers exploit that by passing off Spice as cannabis, preying on young people and putting them at serious risk. This drug has the potential to condemn young people, in particular vulnerable young people, to a life of crime and addiction.

When such Bills come along, we have the opportunity to make them as strong as possible. There are other issues associated with Spice-spiked vapes, but I urge the Government to really look at what they can do to strengthen the Bill to address this serious problem. There are opportunities in the Bill, but focusing solely on disposable vapes risks backfiring; it may push demand towards refillable vapes, which are even easier to tamper with for illegal use. Have the Government really prepared for the potential unintended consequences? I hope that they acknowledge the points that I have raised. I look forward to seeing them addressed as the Bill progresses. I support the Government on their very strong stance and on what they want to achieve, but I hope that the Bill can be strengthened.

Tobacco and Vapes Bill

Wera Hobhouse Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

I reiterate my full support for this legislation, and how important it is that we stop the start and bring about a smokefree generation. I commend the work of Action on Smoking and Health in supporting and shaping an excellent Bill that will be a great law.

[Wera Hobhouse (Bath) (LD)]

I rise to speak to new clause 1 in my name. It would strengthen the Bill by requiring the Secretary of State to conduct a review and publish a report on the impact of contaminated e-liquid and ways to reduce its prevalence. It would also give the Secretary of State power to make regulations to kerb the harm caused by contaminated e-liquid.

I have been campaigning on the issue of Spice-spiked vapes ever since it came to my attention last summer. The Bill is an opportunity to make a real change on this hugely concerning problem that is sweeping through schools across the country. New clause 1 would improve our understanding of contaminated e-liquid and ensure that the necessary regulations could be introduced to reduce the harm that it causes. The issue was first uncovered by Professor Chris Pudney at the University of Bath, who found that one in six vapes confiscated in schools contained the synthetic drug Spice.

Spice is a dangerous prison drug that causes serious harm to users, including hallucinations, dizziness, chest pain, breathing difficulties and damage to vital organs. The highly addictive nature of Spice makes it a gateway to criminal activity, coercion and abuse. It is tragic that anyone would take this drug, but it is especially tragic when young people do, who are often unaware of the dangers. Many young people inadvertently smoke Spice under the impression that it is cannabis. Worryingly, recent investigations have found that vapes are being contaminated with not just Spice but ketamine and MDMA, which are particularly harmful when taken in high doses. The landscape of contaminated e-liquids is evolving rapidly, and it is likely that this issue will worsen if the Bill passes unamended.

An unintended consequence of banning disposable vapes is that it will drive more users towards refillable vapes, which are the primary vehicles for contaminated e-liquids. Refillable vapes are more susceptible to being spiked with harmful substances than disposable vapes. This shift could exacerbate an already significant public health threat, making it even harder to control the spread of dangerous substances in the market. I welcome the ban on disposable vapes, but we must take action to safeguard against these unintended consequences.

The Metropolitan police have warned about children accessing illicit vapes through social media platforms such as Snapchat and Telegram. There is clearly a link between social media-driven drug dealing and the rise of vaping in schools. The ease of access to vapes and their widespread use makes them even more difficult to regulate, and makes it difficult to protect individuals from unknowingly consuming illicit substances. There is a lack of knowledge and oversight, and counterfeit or illicit vape products are slipping through the cracks, exacerbating the already alarming rise in drug-related incidents. There is much more to understand about how illicit vapes and e-liquids are obtained. New clause 1 would set us on our way; it would ensure that we built on the research of Professor Pudney at the University of Bath by conducting a review of the impact and prevalence of these illicit e-liquids.

I have had several conversations with Ministers about this issue. First, in response to my Adjournment debate, the Minister for Policing, Fire and Crime Prevention committed to addressing the issue through the Bill. I also met the former public health Minister, who assured me that the Government and health officials were taking the issue very seriously. I appreciate that Ministers want to make changes in this area; I urge them please to follow through and make this change by supporting new clause 1.

As I have a little time, I note new clause 19, in the name of the right hon. Member for Melton and Syston (Edward Argar), which would require the Government to report on the availability of illegal tobacco and vaping products. This is a serious problem to which attention is rightfully being brought. I support that addition to the Bill, but the new clause does not quite get to the heart of the issue that I am focusing on. New clause 1 calls for a specific review of contaminated e-liquid and ways to reduce its prevalence, and gives the Secretary of State power to make regulations to combat the harm that contaminated e-liquid causes.

[Jenny Riddell-Carpenter (Suffolk Coastal) (Lab)]

I welcome the amendments to the Bill. This is now a strengthened piece of legislation that will create the first smokefree generation. The chronic health issues that stem from smoking and their impact on our NHS are well known. The Bill, the amendments and what they will go on to achieve will be critical in supporting the NHS and improving health outcomes.

Smoking costs the economy and wider society more than £20 billion a year, including a cost of £3 billion to the NHS and social care. That is equivalent to the annual salary of almost 700,000 nurses or 500,000 GPs, and is the cost of more than 500 million GP appointments.

While the Bill will create the first smokefree generation, the Government recognise that we need to do more to help people quit smoking. That is why I was so glad to welcome the additional funding announced in December to support local authority-led stop smoking services. Suffolk was allocated an additional £900,000 for this year, which means that people in Suffolk Coastal will be able to access support and live healthier, smokefree lives. I know from personal experience just how hard that is. On the very day of the Bill’s Second Reading in November, I gave up smoking, because I had just voted on a Bill that would mean that my nieces and nephews would never legally be able to smoke. I have tried to give up smoking before—the last time was just before the general election, when in truth I never stood a chance of succeeding—but I was able to succeed this time only because I have moved to vapes. To quote something that has already been said, “If you smoke, vape; if you don’t smoke, don’t vape.” It is simple and true.

I spoke on Second Reading about the important role that the Bill will play in preventing young people from taking up vaping. The dramatic rise in children taking up vaping should be nationally recognised as one of the most concerning crises facing young people and children. The Bill will make it harder for young people to be drawn into vaping and will bring the law on vape advertising in line with that for tobacco advertising: there will be a total ban on vape advertising and sponsorship. There will also be a consultation on the vape flavours that we all know are far too appealing to children.

However, we need to do more. As I stand here delivering this contribution, new products are appearing on the market that seek to exploit the loopholes in the upcoming ban on single-use vapes. I understand that the Bill explicitly gives the Secretary of State power to regulate further to limit the size of vapes, and to ban the so-called big puff vapes, which provide more than 600 puffs per pod. Since Second Reading, we have seen products come on to the market that allow people to attach refillable 10 ml pods, creating, in effect, a 3,000-puff vape. That is not a big puff vape; it is a colossal puff vape.

[Wera Hobhouse]

The hon. Lady is talking about refillable vapes. Does she agree that contaminated refills are a huge problem, and that the Government should take that seriously and amend the Bill further?

[Jenny Riddell-Carpenter]

I thank the hon. Lady for her intervention. We have heard that point made articulately, and not just by her. I look forward to the Minister’s response to that.

The issue of the 3,000-puff vape and the additions that can be made to vapes are why I tabled new clause 21, which builds on themes that have been spoken about in the Chamber this afternoon. I welcome the power in the Bill for the Secretary of State to regulate further to standardise the size of reusable vapes, but my new clause would allow us to limit their size sooner and prevent rogue vape manufacturers from circumventing the rules while the Secretary of State undertakes further consultation on such measures. Though the Bill provides the power to standardise vapes, I am asking the Government to legislate now to standardise and regulate puffs per vape, so that we do not see an explosion of new vapes in the marketplace that are trying to get around the single-use vapes ban in this legislation.

I close by thanking the Minister and the Department for their work in bringing the Bill forward, and for the cross-departmental push to make vaping safer and reduce its appeal to children. I hope that it is welcomed in all parts of the House.

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[Wera Hobhouse]

I hear what the Minister is saying, but the Metropolitan police and other forces tell us that it is incredibly difficult. The Bill gives us an extra opportunity to protect young children from a terrible pathway into addiction and crime. Is it not the task of this Government to stop that?

[Ashley Dalton]

The entire Bill is about preventing addiction among our young people and preventing their move into crime. These things are already illegal and the Government believe that existing legislation will allow for them to be dealt with.

On cigarette filters, I understand hon. Members’ concerns about tobacco litter, but new clause 2, tabled by the hon. Member for Gosport (Dame Caroline Dinenage), could lead to greenwashing, improving the reputation of tobacco manufacturers while not necessarily improving environmental outcomes.