Tobacco and Vapes Bill (Sixth sitting) Debate

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Department: Department of Health and Social Care
Andrea Leadsom Portrait Dame Andrea Leadsom
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Again, I appreciate the sentiments expressed and associate myself with all of them. The hon. Member for York Central requested that we put in primary legislation that vapes must be behind the counter. It is clear from the impact assessment and the consultation that that is the intention. However, as my hon. Friend the Member for Sleaford and North Hykeham points out, the reason for taking the powers is that doing so allows us to stay ahead of the next place they might be sold, for instance outside the shop, on a bus or outside a school—we can imagine all sorts of other ideas. It is important to have the regulations to get ahead of other ideas, rather than saying, “They shall be behind the counter.” That is why we are taking regulatory powers right across the Bill, so that answer holds for all the areas in which we are taking powers: we are taking them to stay ahead of an industry that has shown itself to be very imaginative and brutal in its determination to addict children. We need to stay one step ahead, and that is the plan.

Mary Glindon Portrait Mary Glindon (North Tyneside) (Lab)
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Something has occurred to me rather later than sooner, as things often do. Vape shops are prolific in our town centres. Can anything be done to limit young people’s access to those shops, for instance a minimum age of entry, so that no one under 18 should be on the premises? I do not think that we have thought about that hitherto in our discussions.

Andrea Leadsom Portrait Dame Andrea Leadsom
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I appreciate the hon. Lady’s suggestion, and I will take it away and look at it. The immediate thing that springs to mind is that if someone is out with their children, it is difficult for them to say, “You stand out there; I am going in.” That could give parents concern. I take the point that, in a vape shop, someone cannot say, “Go and look at the toys while I choose my vapes,” but I can imagine all sorts of objections from a practical point of view. However, I will take the suggestion away and reflect on it.

Mary Glindon Portrait Mary Glindon
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Is it not the case that children are not allowed in bookies and betting shops? That is perhaps a similar situation.

Andrea Leadsom Portrait Dame Andrea Leadsom
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As I say, I accept the hon. Lady’s point and will reflect on it.

The broader point is that there is obviously a balance here. We want to exclude vapes from children, but we do not want to exclude vapes from adults who want to quit smoking, because that is the real prize that we are seeking to hang on to. The more difficult we make it for adults to access vapes as a quit aid, the more we are discouraging adults who, we have all agreed—violently—we want to stop smoking. That is the killer.

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Andrea Leadsom Portrait Dame Andrea Leadsom
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My hon. Friend is exactly right, and I will run through the levels of fines for the benefit of hon. Members.

Mary Glindon Portrait Mary Glindon
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Is not the whole point of having fines that they act as a deterrent? We do not want lots of people just paying £100 because it is manageable. The thought that they may have to find £200 on the spot could be more of a deterrent. The reason we have these fines in the first place is that they act as deterrents, is it not?

Andrea Leadsom Portrait Dame Andrea Leadsom
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I completely agree; the hon. Lady makes a good point. What people would see as a deterrent is an open question. I would see a £100 fine as a deterrent; I do not have £100 in my purse, so I would have to go to the cash point. I would not be keen to do that, and Members of Parliament earn quite a bit more than most retail workers. That is the truth of it. I actually think that setting the fine in line with the £90 fine for the offence of selling alcohol to someone under age is quite a material deterrent.