Tobacco and Vapes Bill Debate
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Baroness Northover
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Tobacco and Vapes Bill
Baroness Northover Excerpts(1 day, 9 hours ago)
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Baroness Northover (LD)
My Lords, I shall speak to Amendment 203 in my name, which is also supported by my noble friend Lady Walmsley. She is sorry that she cannot be here today because of ill health. I know she is keeping a close eye on us, but I hope she takes it easy and will be back with us soon.
Amendment 203—to change the subject slightly—would require the Government to publish, shortly after Royal Assent, a communications plan to support the implementation of the smoke-free generation policy and to raise public awareness. We know that the ban on smoking in public places was effectively communicated so that those who needed to take action were well prepared to do so and the public knew what the plans were. We want to see the same actions here.
When this amendment was tabled in Committee, it was excellent to hear the Minister strongly agree that such communication was vital. Many of us involved in this debate over the years know from experience how effective public health communication can be. We have played our part in the major advances in tobacco control, from smoke-free public places to changes in the age of sale and plain packaging—and we have had all the same arguments coming back at us. None of those reforms succeeded by chance. They worked because they were carefully planned, cross-party in approach and underpinned by communication strategies that brought the public with them. The Bill is an excellent piece of legislation, far-sighted and potentially significant for our children and grandchildren.
We fully realise how the industry—represented here today, I can see—will, as ever, push back against this measure using every device in the book. We have seen that time after time in this Chamber over the years, with very familiar arguments.
I commend those who have helped to bring about this legislation, from Professor Khan to Professor Chris Whitty, from Rishi Sunak to the current Government. The Bill team have done a fantastic job in bringing together previously fragmented strands of tobacco regulation, seeking to close loopholes so that we create a framework that is robust enough to withstand future industry innovation, which, again, is extremely familiar. This might indeed be one of the last tobacco Bills needing to pass through this House—not that I hold my breath.
This legislation contains a world-leading and genuinely novel policy to help to deliver a smoke-free generation, which the Opposition are also theoretically committed to. It therefore creates a real opportunity not just to implement a new age of sale but to communicate the harms of smoking and promote smoking cessation, just as the ban on smoking in public places did. I therefore welcome the Minister’s comments in Committee that clear guidance will be published and the Government will work to ensure successful implementation. But guidance alone is the minimum requirement, and I hope the Government’s ambition goes further than that.
In 2007, as those of us here then will remember, when smoke-free legislation was introduced, the message was simple, consistent and widespread. The Government did not leave it to businesses and others to explain on their behalf. Stakeholders were identified early, supported properly, not undermined with all sorts of reasons to feel anxious, and given time to prepare. Guidance, signage and materials were ready well in advance. National TV adverts raised awareness. The result was immediate: we saw 98% compliance on day one, accompanied by growing public support.
That approach achieved more than compliance; it changed attitudes. It sparked conversations about the harms of smoking, not the liberties—as if an addiction is a liberty—and encouraged many people to try to quit. That kind of cultural shift is exactly what this legislation should aim to replicate. Although the rising age of sale applies to a specific cohort, a wider objective is to engage the whole population and frame smoking cessation as a shared national endeavour.
Lord Moylan (Con)
My Lords, I will speak briefly to Amendments 3 and 12, which would have the effect that the regulations to be issued in relation to age verification should be made under the affirmative process, rather than the negative process as originally envisaged.
When I tabled these amendments in Committee, the Minister showed what I thought was a hint of favour towards them, so I had the temerity to retable them on Report and lo, what do I find, but that the Minister has added her name to them. With that, I think they require no further argument. They were recommended by the Delegated Powers and Regulatory Reform Committee. I beg to move Amendment 3 and will move Amendment 12 at the appropriate moment.
Baroness Northover (LD)
My only comment on this group is that we would not support Amendment 26, which would require a fund to be set up for age-verification technologies. If any fund were to be set up—we do not see the need for it—then it should be funded by the tobacco industry. I note with great interest that the Minister has signed the amendments tabled by the noble Lord, Lord Moylan.
Lord Udny-Lister (Con)
I will briefly speak to Amendment 26, which is in my name, about the cost implications for small retailers and convenience stores. It is really a plea to the Minister to make some money available and introduce a grant system which can assist them. Age-verification technology is not cheap. They need to invest in a robust IT system. We need to build up a market for age verification. We also need one that protects consumers’ data and strengthens enforcement without penalising shopkeepers.
I think we all acknowledge that small shopkeepers are already in difficulty; it is not an easy time for them. We should look at anything we can do to help, and I think this would help. A simple act such as this would make it that much easier to ask the difficult question about age verification.
Baroness Fox of Buckley (Non-Afl)
My Lords, I, too, warmly welcome government Amendments 14 and 15, which create an exemption for vape vending machines in mental health hospitals. This was really good to see: it is a humane step and will be very beneficial to patients. It proves that the Government can listen and amend, and I hope there might be more listening and amending, and exemptions, even at this late Report stage. It makes our debates feel as though they can get somewhere. This was an important concession for the Government to make, so I am really pleased to see that.
I have grave concerns about Amendment 7 in the names of the noble Earl, Lord Russell, and the noble Baroness, Lady Walmsley. There is a real danger here that we end up seeing this Bill as a vehicle for a relentless attack on anything to do with nicotine. Unless I am much mistaken, the Bill does not intend—even though this is its effect—to treat all nicotine products in an undifferentiated way. It is aware of Cancer Research’s statement that vaping is “far less harmful” than tobacco and is the most popular tool to help people quit smoking.
But, following on from the remarks of the noble Earl, Lord Russell, I do not want to say simply that vaping can be considered positive only if it is used as a smoking cessation tool, because people will then undoubtedly—and they do undoubtedly—vape as a recreational habit. Is the Government’s aim, or this amendment’s aim, to tackle dependence on any substance whatever? Nicotine is the one that is named, but will caffeine be next? Where do we draw the line? As far as I am concerned, that should not be what this Bill tries to do.
I worry that this will lead to mission creep in the Bill, which will create a kind of pre-crime. I listened to the noble Baroness and I do not think that we should have a moral panic about vaping: that is the main thing. It is not appropriate for this Bill to start doing a pre-crime anticipation of all the things that might or might not go wrong in relation to vaping. That would be a disastrous outcome of this Bill. So I urge the noble Baroness to avoid the siren voices of those urging her to take it even further down the line of prohibition. I urge her to hold firm to the notion that, although there will be some suggested regulation of vaping, we should not and must not make vaping indistinguishable from tobacco in the public’s eye by treating them as equally problematic through the course of the Bill.
Baroness Northover (LD)
I very much support my noble friend Lord Russell’s amendments, which seek to address the abuse of vapes and other nicotine products. When you go into any local shop or see adverts, you must mentally think that those promoting these should hang their heads in shame. I mentioned in Committee the example from my own extended family, where vaping has been the route for teenage relatives to become addicted to nicotine and, from there, to smoking. So I fully support everything that we are doing to reduce nicotine dependency, and I support my noble friend’s amendments here.
Despite that, we welcome the Government’s amendments that create an exemption for mental health settings, allowing the continued use of vape vending machines. Written evidence submitted to the Bill Committee by, for example, the Cambridgeshire and Peterborough NHS Foundation Trust and others made it clear that vape vending machines located in mental health wards are currently a crucial part of delivering effective smoking cessation services. Several trusts using these machines have reported that they provide a safe and straightforward way of ensuring that patients can access vapes when they need them. It is therefore welcome that the Government have listened to this evidence and made this concession.
In England, vapes are now the most commonly used smoking cessation aid, and it is awful that they have been exploited for other purposes. Nevertheless, vaping is recommended by NICE as the first-line smoking cessation tool and is more effective than traditional nicotine replacement therapies. Smoking prevalence in in-patient mental health settings remains extremely high, with estimates of about 50% overall and some studies reporting rates as high as 80% in individual hospitals, so I see why the Government have decided to take this particular measure forward.
Although it is technically possible for vending machines to be stocked with other forms of nicotine replacement therapy, this would not reflect patient preference, and we need to be guided by what works to support smokers to quit. As my noble friend Lord Russell said, that is what vapes should be about. The risks associated with proxy purchasing would seem to be low, particularly in closed wards, but I would be interested to hear from the Minister further on this point and to have clarification on how she envisages these machines operating within the new licensing scheme.
Therefore, although we accept the Government’s amendments in relation to mental health settings, we think that they need to do more to tackle the awful spread of nicotine addiction that we now see among young people. I look forward to the Minister’s response.
Baroness Northover
“Transparency of tobacco sales data(1) The Secretary of State must by regulations make provision requiring every manufacturer and importer of tobacco products to publish, on a quarterly basis, data relating to the sale of tobacco products in England and Wales.(2) Regulations under subsection (1) may in particular include provision requiring publication of—(a) the volume of sales of tobacco products, broken down by product type, brand and geographical region, and (b) such other information as the Secretary of State considers appropriate for the purposes of assessing tobacco consumption and its effects on public health.(3) Data published under regulations under this section must be made publicly available in a format accessible to public health authorities, local authorities, and other relevant bodies.(4) Regulations under this section are subject to the negative resolution procedure.”Member’s explanatory statement
This amendment would require the Secretary of State to make regulations obliging tobacco companies to publish sales data, to improve transparency and support public health policy.
Baroness Northover (LD)
My Lords, Amendment 10, in my name and that of my noble friend Lady Walmsley, would require the Secretary of State to make regulations requiring tobacco manufacturers and importers to provide quarterly sales data to assist public health activities. These regulations may include information about, for example, volume of sales, geographical area and product type.
Tobacco is not like any other industry, as we have been discussing. The products sold by the industry kill around two-thirds of long-term users and the harms are widespread and well-documented. Yet the industry treats its data as a commercial secret, leaving public health authorities in the dark. The information already exists. The tobacco industry holds it. This amendment would ensure that the data are harnessed for the public good.
I note that, although Amendment 10 outlines areas where regulations could be brought, it does say “may”—there is flexibility there for the Government. All that is required is that they make progress in this area. The noble Earl, Lord Howe, noted in Committee that HMRC and the Department of Health currently have access to some data. However, we do not feel that that is sufficient. We have heard from those working in public health that there are gaps which, if filled, would benefit activities on the ground.
Smoking is responsible for deep health inequalities, with modelling from Cancer Research UK, for example, showing a 25-year gap between the most and least affluent communities in this country in achieving smoke-free status. That is a shocking illustration of health inequality, reflected in nearly twice as many smoking-related cancers in the poorest areas compared with the wealthiest. Access to sales data would help local authorities, trading standards and public health agencies target resources effectively, monitor patterns of use and respond quickly to emerging threats.
Other countries do this. Canada’s Tobacco Reporting Regulations require manufacturers to report on over 20 ingredients and 40 emissions, along with sales and promotion data, to assist Health Canada in policy decisions. Australia requires companies to report on sales volumes, product pricing, advertising, promotion, and sponsorship activities and expenditure, alongside information regarding ingredients.
Mandating transparency—we were discussing transparency earlier—is the right step. It holds the tobacco industry more accountable and ensures that public health can act on the evidence, rather than wait for other data sources. For these reasons, I urge the Government to support this amendment and commit to improve transparency for an industry that has avoided accountability for decades. I beg to move.
Baroness Grey-Thompson (CB)
My Lords, I covered Amendment 17A, in my name, in Committee, so I will be brief.
Currently, the vast majority of cigarette butts are made of cellulose acetate, and each cigarette butt contains around two straws-worth of plastic. Globally, around 6 trillion cigarettes are smoked each year, with 4.5 trillion butts being littered. In the UK, around 3.9 million cigarette butts are littered daily. That is equivalent to 6,000 cigarette butts being dropped in every parliamentary constituency every day. Each plastic butt can take up to 10 years to break down into tiny fragments or microplastics, and they have polluted the entire planet, from the summit of Mount Everest to the deepest oceans. Worryingly, according to recent scientific research, the level of microplastics being found in human brain tissue samples has increased by 50% since 2016 and is increasing in other organs. Local authorities in the UK spend around £40 million a year fighting a losing battle—money that many would argue could be better spent on vital front-line services. The industry could have made a change, but so far has not gone far enough.
Banning plastic cigarette filters is supported by the public, including smokers. In polling commissioned earlier this year by the Parliament News website from Whitestone Insight, a member of the British Polling Council, 2,000 people were asked for their views on this issue. When asked:
“Would you agree or disagree with these statements? Cigarette manufacturers should be required by law to switch from using plastics in cigarette butts to a fully biodegradable alternative”,
almost nine in 10, or 86%, agreed, while just one in 20, or 6%, disagreed. Interestingly, even among current smokers, the vast majority—77%—supported the change. Support was high across every age group, social group and region. In contrast, asked if cigarette manufacturers should be able to continue to use plastic filters, just 13% agreed. The survey also found that eight in 10 people support the government levy and additional taxes on cigarette brands that refuse to switch from traditional plastic butts, including 51% of smokers. Some 84% of UK adults would support cigarette manufacturers being fined for not switching to biodegradable butts, with the revenues going towards paying for cleaning up the environment.
I do not think that this is a party-political issue. It was discussed by MPs, who voted on an amendment that was supported cross-party, including by Conservatives, Labour, Lib Dems, Reform, independents and unionists. Unfortunately, the Government did not accept the change that was being put forward. If we are going to be serious about how we consider the environment, this could be an important change.
Baroness Merron (Lab)
My Lords, I am most grateful for the contributions to this debate. I will start by addressing the government amendments tabled in my name. The issue of filters, as we have heard in this debate, has been raised throughout the Bill’s passage, both in the other place and in Committee in your Lordships’ House. As the noble Baroness, Lady Northover, said, action on filters has been proposed by parties from across the political spectrum.
However, there has not been a consensus on a single approach, and it is that that we have sought to deal with. That is why we are taking a suite of powers to enable secondary legislation to regulate filters, should evidence suggest that it is necessary. Although these powers could enable the banning of filters in the future, they also enable us to regulate filters in other ways, such as regulating their packaging, advertising, display in stores and free distribution.
As the noble Lord, Lord Young, referred to, there is evidence that people incorrectly believe that some cigarette filters make cigarettes less harmful. There is absolutely a risk that this could influence smoking behaviours. The fact of the matter is that cigarette filters provide no protection from the health risks of smoking.
The noble Earl, Lord Russell, asked about the Government’s intention to take action. On that point, and more broadly, the evidence base about the direct health impact is still in formation. We will explore commissioning further research to understand the harms and, based on that, consider further consultation. For these reasons, we are not able to accept Amendment 76 from the noble Earl.
Since we are taking these powers on filters in the Bill, Amendment 77, tabled by the noble Baroness, Lady Bennett, and Amendment 17A, tabled by the noble Baroness, Lady Grey-Thompson, are therefore not required—a point raised by the noble Lord, Lord Kamall. Should we choose to ban filters, we would indeed be the first country in the world to do so. It would be a significant step, and noble Lords will understand that, before making any such decision, we need to interrogate the issue fully and ensure that all potential consequences are considered. However, we will now have the powers to act through these government amendments if and when the evidence emerges.
Specifically on Amendment 17A, evidence currently suggests that filters labelled as biodegradable can still leach harmful chemicals into the environment, as the noble Baroness, Lady Bennett, said. There is also evidence to suggest that people who believe that cigarette butts are biodegradable are more likely to litter them, as noble Lords have said.
I turn to Amendment 10, tabled by the noble Baroness, Lady Northover. I am sympathetic towards attempts to increase transparency of the tobacco industry. I therefore understand why she brought this forward. However, Clause 95 already provides powers to make regulations that could require producers or importers to provide specified information. This could include sales data, as well as market research, from producers of any relevant products within the scope of Part 5, not just tobacco products. This clause also enables us to make provision about when and how the information must be provided, and the publication of any such information. I reassure the noble Baroness that we will consult on these requirements as we develop the necessary regulations.
I am sympathetic to the aims of Amendment 204, tabled in the names of the noble Earl, Lord Russell, and the noble Lords, Lord Young of Cookham and Lord Crisp. However, as I said in Committee, again in answer to the point the noble Earl raised, we already have a “polluter pays” tax on tobacco in the form of tobacco duties. The UK has some of the highest tobacco taxes in the world. Duty rates on all tobacco products were increased by 2% above inflation at the Autumn Budget 2025. This duty raises about £8 billion a year.
I appreciate that the amendment proposes combining a levy with regulating prices, but the reality is that, because of the ongoing structural decline in the UK tobacco market, we are sceptical that there is the suggested level of profit available in the system. Regulating pricing would also be a complicated and resource-intensive policy to design and implement, and which we believe is unlikely to be successful in meeting its objectives, such as raising additional revenue. It would be challenging to design restrictions that industry could not circumvent, for example, by shifting focus to products not included in the cap or avoiding tax through international transfer pricing. Therefore, as I stated previously, our preference is to continue with tobacco duties—an understood approach which incentivises those who currently smoke to quit and generates revenue that can be put back into a full range of public services.
Finally, Amendments 129 and 133 were tabled by the noble Lord, Lord Rennard. I am grateful for the noble Lord’s support for strong tobacco control. However, with respect to these amendments, we already have the ability to regulate the information provided on products which could enable us to mandate health warnings in the future. We already have some of the most stringent regulations in the world on cigarette packaging, emphasising health harms. They include the requirement for plain packaging and graphic picture warnings on the outside of cigarette packets. We have announced that we are introducing pack inserts to cigarettes and hand-rolling tobacco. Therefore, we do not plan to introduce dissuasive cigarettes. However, as the noble Lord, Lord Rennard, did acknowledge in his contribution, the Government will continue to monitor the evidence.
I hope that this provides reassurance to noble Lords that the Government are committed to evidence-based policy to tackle the harms from tobacco use and that the noble Baroness, Lady Northover, will feel able to withdraw her amendment.
Baroness Northover (LD)
My Lords, this is a vital Bill, even if we are seeking to improve it further. We have clearly made progress on filters and there are a number of other areas where progress can be made under the Bill. I note the Minister’s encouraging words in relation to my amendment on data and transparency. In the light of that, I beg leave to withdraw.