Tobacco and Vapes Bill

Debate between Baroness Northover and Lord Bourne of Aberystwyth

Committee stage
Monday 27th October 2025 Grand Committee

[Baroness Northover (LD)]

My Lords, I shall speak to Amendments 24 and 25 in this group. They were tabled by the noble Lord, Lord Davies of Brixton, who is unfortunately unwell today; I am speaking at his request.

These amendments would apply mandatory age-verification procedures for the sale of tobacco, vapes and non-medicinal nicotine products across England and Wales. Such provisions are in line with the provisions set out for Scotland in the Bill. Also in this group are the amendments in the names of the noble Lords, Lord Lansley, and the noble Viscount, Lord Hanworth, about which we have just heard. The amendments in the name of the noble Lord, Lord Davies, are, in his view, different.

First, they would apply to all tobacco products and not just vaping devices, as the amendments in the name of the noble Lord, Lord Lansley, would. Secondly, they would require decisive action on the policy to be applied for age verification, rather than an evidence review. The amendments do not prescribe specific methods for age verification; they simply state that age verification would be required.

Since these amendments were tabled and debated in the other place, the Government have announced plans for digital ID cards. This Bill defines “identification” in a broad way to make space for the option of digital ID—it is understood that that option will be used for alcohol sales soon—but it is separate from any kind of mandate on such forms of ID.

The noble Lord, Lord Davies, wishes to point out that the successful implementation of the policy in this Bill will require a consistent, practical and enforceable approach to age verification. In his view, this should be in the Bill. He points out that, in Scotland, there is already legal underpinning to the Challenge 25 policy; the Bill adapts this for the rising age of sale. However, there is no such legal basis in England and Wales. These amendments would remove this inconsistency by extending such an underpinning to England and Wales; he feels that it should also be extended to Northern Ireland, although that is not covered in the amendments currently tabled.

The noble Lord, Lord Davies, is, therefore, seeking to provide across Great Britain consistency, clarity for both retailers and consumers, and protection for retailers who, as other noble Lords mentioned earlier, might be on the front line in implementing the policy and finding the challenges in that. He points out that, if age verification is a legal requirement, retailers can say, “It’s not me. It’s the law”, rather than shouldering the burden of difficult conversations with customers.

The Bill already creates an offence for retailers who sell tobacco to those born in or after 2009. The defence in law is that all reasonable steps were taken to ensure that the law was being followed. The noble Lord, Lord Davies, points out that this does not mean that retailers will be required to ask every customer for ID from 2027 onwards if, as in Scotland, the age of sale is obviously such that they do not need to proceed with an ID. He says that these amendments have the backing of retailers themselves. Polling shows that 83% of retailers in England support mandatory verification for under-25s, rising to 91% in Scotland where it is already law, and it provides them with clarity, protection and reassurance. The noble Lord also says that public support is equally strong, with 72% of adults in Great Britain favouring this approach.

This is not just about future generations; it is also about tackling a current problem. Despite the ban on sales to under-18s, data shows that around half of the young people who vape are buying them in shops. In fact, the noble Lord, Lord Lansley, said that the figure is actually higher than that. The amendment would make it clear to retailers that ID is required for not just tobacco but vapes and non-medicinal nicotine products. The Bill already allows flexibility; regulations can specify a wide range of acceptable forms of identification, including digital ID, as is already being introduced for alcohol sales.

The noble Lord, Lord Davies, is acutely aware that the enforceability of this part of the Bill has been raised. He hopes that his amendments provide a practical solution that is a proportionate measure. Given that he could not be here, it seemed important to me that his amendments were spoken to so that the Minister can address these issues. I look forward to her response and I am sure the noble Lord, Lord Davies, will be very interested as well.

[Lord Bourne of Aberystwyth (Con)]

My Lords, I support the amendments proposed by my noble friend Lord Moylan on having the affirmative resolution procedure for statutory instruments. That seems wholly sensible.

On age verification, I strongly support the amendment proposed by my noble friend Lord Young of Cookham. Dealing with online sales is a real issue. We have the overseas experience of countries such as France, Mexico, Brazil and so on to look at, but this seems a neat solution to what could otherwise become a very real problem.

On the amendment proposed by my noble friend Lord Lansley, considerable work has been done on age gating in relation to vaping sales and, as he said, those who are vaping strongly support having some kind of process. We have the system being developed by IKE Tech in the USA, currently awaiting FDA approval, which provides a very neat and quick method of age verification via a smartphone app. It will enable adults to remain protected—it will take them only 90 seconds for the initial process and six seconds for every subsequent vape, so it will not take long. That seems a very sensible way of proceeding and I am interested to hear what the Minister has to say on that.

In relation to what the noble Viscount, Lord Hanworth, and the noble Baroness, Lady Northover, said about what the noble Lord, Lord Davies of Brixton, would have said, there is certainly an issue to be looked at. I strongly support looking at what has been working in Scotland. It seems sensible to look at what they have been doing, learn from their experience and follow it where appropriate. Again, I will be interested to hear what the Minister has to say on that issue.