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.

--- Later in debate ---

[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.