Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I am delighted to speak on the Bill for the first time—not because of a lack of interest, but because it clashed with other Bills going on at the same time. I declare my interest as chair of the Proof of Age Standards Scheme, known as PASS, which looks to provide age verification in the form of a PASS card—currently it is a physical card, but I hope it will be digital—for those wishing to access shopping, nightlife and alcoholic drinks to prove their age.

I will say at the outset what the purpose is and why there is a need for Amendment 30. I am grateful to the Association of Convenience Stores for helping me prepare and draft the amendment. The ACS has 50,000 local shops and its membership would be greatly affected by the Bill, if this amendment is not carried. The explanatory note helpfully sets out the purpose of the amendment, which is to acknowledge that the majority of retailers selling tobacco and vape products do so responsibly and have robust policies in place to prevent sales to children and to prevent the sale of illicit or non-duty-paid products.

The Bill proposes the creation of a new licensing system for the sale of tobacco and vaping products, which will require thousands of existing retailers to transition to new administrative processes. Local authorities will also have to handle a significant volume of licensing applications. I omitted to say that I also chaired the ad hoc committee of your Lordships’ House that looked at the review of the Licensing Act 2003 and which reported in 2016-17.

Without a proportionate transition system, the Bill may create unnecessary burdens for both businesses and enforcement bodies. There is an established precedent for a proportionate approach. I referred to the introduction of the Licensing Act 2003, dealing with alcohol, which allowed grandfather rights that gave responsible existing licence holders permission to transit to the new framework in a streamlined way. With Amendment 30, I propose the creation of a fast-track application route for retailers that can demonstrate existing robust controls and compliance. The process would not remove scrutiny or licensing requirements but recognise that many retailers already operate under strong regulatory expectations. Eligible businesses would be those that hold an alcohol premises licence, are a personal licence holder and have not been subject to enforcement action in the last 12 months inconsistent with the conditions set out in the regulations.

Why does this matter? The majority of retailers act responsibly, uphold age-verification policies and do not deal in illicit products; for compliant retailers, we should freeze enforcement capacity to target bad actors and high-risk sellers. Also, a proportionate transition would reduce significant administrative strain on local authorities and businesses.

I look forward to hearing from my noble friends Lord Kamall and Lord Howe on their Amendments 35 and 42 in this group, but I end with a request for information on how retailers such as convenience stores and others are expected to have enough time to train and prepare their staff for the provisions of the Bill and particularly for a transition phase. That is key. With those few remarks, I beg to move.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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I support this group of amendments. It is absolutely right that we have a thoroughgoing licensing scheme. Many people would be very surprised to find that we do not have a licensing scheme for tobacco, as we do for alcohol. It is unregulated, so I welcome the proposals to have a thoroughgoing licensing scheme. It should be streamlined; we need to recognise that the vast majority, as has been said by my noble friend, comply with the law and are fully responsible.

In developing a licensing scheme, we need to look at the experience of other, diverse countries that have a licensing scheme—Finland, Hungary, France, Italy, Spain, Australia, Canada and Singapore, to name some—because there is a lot to be learned from them. I urge the Minister to have a good look at what is happening elsewhere.

A vaping licensing scheme is particularly welcome. Currently, vapes are prolific on our high streets, in markets and at counters in nail salons, and so on. They are unregulated, and that must change to protect people and hold those that are responsible to account. I very much welcome the move to have a licensing scheme here, and I associate myself with what my noble friend Lady McIntosh of Pickering has just said.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, these amendments in the name of the noble Baroness, Lady McIntosh of Pickering, the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, from whom we will hear later, address the details of a licensing scheme, which could, I believe, be better worked out during consultation and are better put in regulations than on the face of the Bill.

I think there are problems with the suggestion that there should be a joint alcohol and tobacco products licence—as superficially attractive as that may sound. This is for two reasons. The first is practical; there are plenty of retailers who sell both ranges of products, but there are plenty who do not, including some small shops and specialist vaping retailers. Let us not overcomplicate this by having several kinds of licence: joint and single.

The second reason is even more serious, because the objectives of the two schemes are not the same. The objective of the tobacco and vapes licencing scheme should be public health. Indeed, that is the main justification for the generational ban and other restrictive aspects of this Bill. On the other hand, public health was not the objective of the design of the original alcohol licence, and things are set to get worse—which I will come to. Therefore, there are issues about putting the two together.

On Amendment 35, there is a case for restricting the density of tobacco and vapes licensed premises in a local area on public health grounds. Local authorities already have the powers to limit the density of fast-food outlets in certain areas, such as near schools, on the basis that the food they sell is often high in fat, salt and sugars, and is energy dense. Why should local authorities not have the same powers for the density of shops selling tobacco and its various products? Therefore, I oppose Amendment 35. Density is better decided by the local licensing authority, which knows and understands its own area. It is not something that should be on the face of the Bill but something that should be considered in consultation.

I turn now to Amendments 30 and 42. The Government have recently launched a rapid consultation on alcohol licensing, led by an industry task force that would see “growth” incorporated as an objective of the revised scheme, rather than public health. Its recommendations have been warmly welcomed by the Government, but I would advise caution, especially in the light of calls for joint tobacco and alcohol licences today. It is true that hospitality outlets can be important for people’s well-being and community cohesion and often provide economic benefits to local communities. However, many of them rely nowadays more on the sale of meals than on just alcohol and provide an opportunity for family outings. The implication by the industry in the recommendations of the task force is that people cannot enjoy themselves unless they are consuming alcohol. That is, of course, a nonsense suggestion. By the way, each of the three working groups was led by a senior member of the industry and there was no representation on the task force from the Department of Health and Social Care or public health bodies, despite public health acting as the responsible authority for local licensing committees.

The task force report defines the core purpose of licensing as economic enablement and sets out a series of mechanisms to promote that approach. The foreword in the Government’s response, written by the Minister for Services, Small Business and Exports, not only describes licensed hospitality as “foundational” to the UK economy but as selling “happiness, creating lasting memories”, and providing

“the glue that binds us together as a society”.

This is language that, if used in alcohol marketing, would probably breach the industry’s own code of conduct.

The task force’s recommendations would undermine the powers of elected local authorities in several ways: first, by the creation of a quasi-statutory national licensing policy framework to direct local decision-making; secondly, by the automatic addition of off-sales permissions to all on-sales licences; thirdly, by the enhanced powers for unelected licensing officers to override decisions of elected officers on licensing committees; fourthly, through the

“Requirement to link licensing to economic development and culture policies”;


fifthly, by a blanket “amnesty” on licensing conditions deemed to be

“outdated in the modern world”—

deemed by whom, I ask—and, finally, by the imposition of a higher evidential bar for objections to licence applications, with adherence determined solely by licensing officers.

That is why there should be no attempt to link alcohol licences under such a regime with tobacco retail licences. There are other ways of helping the hospitality industry rather than undermining the very foundation of the alcohol sales licensing regime by attacking local democracy in this way.

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Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, I will speak briefly on this group of amendments, first on Amendment 143 from the noble Lord, Lord Rennard. I was the first Health Minister to propose the health warning on cigarettes back in 1980. Those 45 years seem quite a long time to wait, and we have been pipped at the post by Canada, but I hope that this is a suggestion that will find favour. My noble friend Lord Naseby said that the font would be very small; on the other hand, it would be very close to the eye, so fairly easy to read.

When talking about her amendment, the noble Baroness, Lady Bennett, said that the word “filter” is a misnomer. I am not sure where trading standards are on this, because it filters absolutely nothing; there are no health benefits at all. I have listened to the debate about banning just plastic filters. I went to a meeting last month of the All-Party Group on Smoking and Health addressed by Dr Boots. He made the point that all filters are bad for the environment; there is no such thing as a totally biodegradable alternative to filters. As has been said before, 75% of smokers litter their butts. Dr Boots also made the point—one which we have just heard, and it worth emphasising—that the presence of a filter on a cigarette gave the impression to 75% of smokers that it was safer, and they therefore inhaled more deeply and did more damage to themselves than if the filter had not been there.

My final point is about how filters circumvent the tobacco flavour restrictions with flavour capsules. I went on Amazon a few minutes ago and found

“Bulk 1000 Flavoured Crushball Capsules for Cigarette Infusion (10 Flavours Available)”.

This gets around flavoured tobacco, which was banned in 2020. However, as I have said, it is still possible to buy blue ice menthol-flavoured capsules. They do not seem to be subject to the existing restrictions, so a ban on filters would deal with that. In any case, perhaps the Minister can explain what she proposes to do about this obvious ban on the restriction on selling flavours to go with cigarettes.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, in supporting this group of amendments, it is clear that the very word “filter” is the most misleading of epithets. It leads many people to believe they make smoking safer. I would take a lot of convincing that people are not led to believe it is safer by the use of that very misleading epithet. It is not the point that filters do not make smoking more dangerous—incidentally, some of the early filters actually contained asbestos, so there were certainly some at an early stage that did make smoking much more dangerous. Leaving that on one side, the whole point is that people are misled into believing that smoking with filters is safer. That is the reason for Amendment 33.

There is a logic to the amendment proposed by the noble Baroness, Lady Bennett of Manor Castle, that I find compelling. The fact that we can do something in relation to the environment as well as to health is not a reason for not acting; it is a reason for acting. The suggestion from the noble Baroness, Lady Fox, that the state has no role here or only a qualified role and should not be entering this area, I find staggering. There is every reason we should be doing so in my humble opinion. Therefore, I strongly support Amendments 33 and 34.

On Amendments 141 and 143 proposed by the noble Lord, Lord Rennard, there is unimpeachable logic in putting a warning on something if you are trying to deter people from using it. I do not think it is sufficient that it is on packets; there are many people who will have a single cigarette proposed to them. They will see the warning there, and there will be publicity given to that warning. It is not just the warning on the cigarettes; the fact the Government are doing that will mean it is more widely known.

There is a great logic, and I urge the Minister to be bold. It is not sufficient that we are having this generational ban, important though that is. There is a reason for moving more quickly and forcefully in relation to the amendments, and an unimpeachable logic to trying to iron out the position on filters, which are indeed a giant fraud.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, I have added my name to Amendment 34 in the name of my noble friend Lord Russell and Amendments 141 and 143 in the name of my noble friend Lord Rennard. I will also rehearse arguments in favour of Amendment 33 in the name of the noble Baroness, Lady Bennett of Manor Castle, for the consideration of the Committee. The noble Baroness, Lady Fox, suggested there is some confusion about why people might want to ban filters. I agree with the noble Lord, Lord Crisp, that a ban is about both public health and environmental considerations.

It has been clearly shown that filters of all kinds have no health benefits whatever. Indeed, I maintain that they are actively harmful to health, but I will come to that later. They are also very costly to public authorities and bad for wildlife and the environment. Filters have been called, by a Back-Bench Member of the government party,

“the deadliest fraud in the history of human civilisation”.—[Official Report, Commons, 26/3/25; col. 1043.]

because they were formerly advertised—when cigarette advertising was still allowed—as being safer and less harmful to health than cigarettes without filters. This lie has had a long tail because even now only 25% of people understand that they have no health benefits.

As a result of the false perception that the filter—because of its very name as pointed out by the noble Lords, Lord Young and Lord Bourne—removes some of the tar and other harmful tobacco chemicals, evidence shows that smokers of filtered cigarettes inhale deeper and more frequently. Proof that filters were invented to deceive is the fact that they were deliberately made from a white substance which turns brown when heated, adding to the illusion that they were removing some of the harmful elements from the tobacco smoke. This was deliberately to mislead the smoker.

Filters of all kinds are bad for the environment. The plastic ones in particular contain thousands of toxic substances, including microplastics and nanoplastics. They take up to 10 years to break down in the environment, releasing all these microplastics as well as the 7,000 toxic chemicals from the on average five millimetres of tobacco that remains attached to each butt. These are washed into our soils and water systems and damage marine life, other wildlife and our drinking water.

Microplastics are ubiquitous. They have been found from the top of Mount Everest to the deepest oceans. They cause cancer, including colorectal, liver, pancreatic, breast and lung cancers, and the levels of them found in human brains—causing who knows what effects—have increased by 50% since 2016, according to pathologists. Even the so-called biodegradable ones contain microplastics in the glue and in any case take a very long time to break down. I deliberately put one in my compost heap, and it was still there a year later. In any case, they, too, always have some tobacco attached. They have zero health benefit and lead to a false sense of security.

The environmental damage is also very costly. We all pay to clean them up when they are discarded through littering; as has been said, local authorities spend £40 million every year, money paid by taxpayers—you and I—which could be better spent on public health and other services. Some 86% of the public and even most smokers believe that manufacturers should switch to fully biodegradable filters rather than plastic ones, but, frankly, I think that is not enough to fix the problem, for the reasons I have outlined.

The killer fact, to coin a phrase, is that there is a strong epidemiological link between the rise in the prevalence of cigarettes containing filters and the proportionate rise of a kind of cancer called adenocarcinoma, while other lung cancers have fallen along with the reduced prevalence of smoking overall. A paper by Min-Ae Song et al published in the Journal of the National Cancer Institute in America in 2017 analysed 3,284 citations in scientific literature and internal tobacco company documents and concluded thus:

“The analysis strongly suggests that filter ventilation has contributed to the rise in lung adenocarcinomas among smokers. Thus, the FDA should consider regulating its use, up to and including a ban”.


Indeed, such a link had originally been suggested by the surgeon-general as far back as 2014. Therefore, I am inclined to support Amendment 33 in the name of the noble Baroness, Lady Bennett, but at the very least I hope the Government will accept Amendment 34 in my name and that of my noble friend Lord Russell.

On Amendments 141 and 143 in the name of my noble friend Lord Rennard, I hope the Minister will see the sense of consulting on this. Not every cigarette smoked by a child or a young person or an adult smoker comes immediately out of a packet bearing health warnings. Many children, when they start illicit smoking, share a packet among themselves and many never get to see the packet at all. That is why the principle, already accepted by successive Governments, that a health warning on the packet should accompany tobacco-containing products should apply to individual products and not just the packaging. I am aware that the Government plan to make sure that there is an insert in each packet signposting smokers to cessation services and products. This is a welcome positive measure to accompany the deterrent measures of health warnings, but it is not enough. I am sure the first thing many will do is throw away the insert and never read it, as people sometimes do with pills. They cannot throw away the paper that wraps the cigarette. That is why it would be the most effective place to put the warnings.

If you believe that the health warnings on packages work and deter, how much more effective would it be to reinforce that message every time a cigarette is removed from them? A consultation and a review of the evidence of the ban in other countries would be a good idea, and I recommend it to the Minister.

The amendments would provide the sustainable, ring-fenced resources that the public health system desperately needs to invest in prevention and treatment, where the industry has created the harm. They would bring the tobacco sector in line with the principle recently established for the gambling industry. The amendments do not seem to be punitive but proportionate. They target excessive profits, secure vital public health funding and end a long-standing market failure. They are a prudent financial measure that will help deal with health inequalities.
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, in support of the speech we have just heard from the noble Lord, Lord Scriven, there is ample evidence of successful earlier levies, contrary to what the noble Baroness suggested. They include levies on landfill and soft drinks as well as provisions following Grenfell, as my noble friend said. In the gambling industry, there is also a very successful levy. Nor is it a unique matter to require companies to publish data, with the noble Lord, Lord Scriven, correctly naming water and energy as two examples.

I can quite see why the Minister is attracted to the idea of the levy. In this hard-pressed time, we have hard-pressed taxpayers about to be even more hard pressed; they should not have to pay for the gap in public resources for public health. Nevertheless, there is a gap in the public health budget that needs to be filled—and this will fill it. I can therefore see why the Minister is attracted to it. There is also of course the incalculable harm that is caused by the industry—whether one calls it evil or not. As the noble Baroness mentioned, two-thirds of people who smoke will ultimately die from it—that to me can be characterised as evil. It certainly causes harm, and that harm needs to be dealt with.

So I strongly support this group of amendments. Amendment 12 in the name of the noble Baronesses, Lady Walmsley and Lady Northover, and Amendment 148 in the name of the noble Baroness, Lady Northover, concern publishing data. They seem eminently sensible. However, my noble friend Lord Young of Cookham’s amendment would provide a means of getting the polluter to pay. That is something we should seek to do because, as noble as the aims of this legislation are, there is a big gap in spending. I do not see why the taxpayer should have to pay for this, but I can quite see why the industry should; I hope, therefore, to hear from the Minister that that is going to happen.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, on behalf of our Benches, I have added my name to my noble friend Lady Northover’s Amendment 12. I also support Amendment 148, of course, although my name is not on it yet; I have a bit of a track record on changing “may” to “must”, so I am very much in favour of that amendment.

As my noble friend said, the tobacco industry sits on a rich source of data that would help public health planners and practitioners to plan and deliver public health smoking cessation services in a granular way. That could help to reduce inequalities, so my noble friend’s Amendments 12 and 148 are no-brainers for the Government in the fight against health inequality, which I know they are in favour of winning. As the noble Lord, Lord Crisp, pointed out, if you have the data, you have a powerful weapon; the industry uses it and the Government should have it.

The data would also shine a light on the massive profits of the tobacco companies, which saw the writing on the wall about the decline of tobacco smoking and shifted part of their business model to hooking young people and existing smokers into being addicted to their nicotine vaping products instead. They then surrounded them with brightly coloured packaging, attractive-sounding flavours and masses of expensive advertising. One has to wonder why they spend so much money on advertising and the attractive displays in my local village shops. Ah, yes—it must be because that enables them to hook people to their profitable products for life.

These profits are addressed in Amendment 192 from the noble Lord, Lord Young of Cookham, which is supported by my noble friends Lord Rennard and Lady Finlay of Llandaff, and in my noble friend Lord Russell’s Amendment 194, which I also support. Both amendments propose a levy on the profits of tobacco companies. Tobacco and the nicotine it contains are uniquely harmful products, which is why they should be treated in this way. They are highly addictive for some people from their very first use, by the way; that is sometimes ignored. Tobacco kills more than 76,000 people in England every year—that is almost as many as were killed by Covid in just one year, in 2020—and the four manufacturers that are responsible for most of the UK’s tobacco sales make excessive profits that require regulation. It has been said that they make an estimated profit of £900 million a year in the UK, with an average net operating profit margin of about 50%; as my noble friend Lord Scriven pointed out, most manufacturers of other goods are quite satisfied with an average of 10%. Yet those companies currently pay very little corporation tax in the UK. The tobacco tax of £6.8 billion that they pay does not even scratch the surface of the harm they do; as has been pointed out, that tax is paid by the consumer and not by the producer.

In other areas of society, polluters are required to avoid and minimise pollution and to pay to clean it up. Tobacco companies make no effort to do either. In other monopoly situations, such as energy supply, the Government intervene, yet tobacco companies get away scot free, despite the fact that their products cost the NHS £1.82 billion annually and the ill health caused by them causes major suffering to individuals and families; they also have a major effect on productivity and the economy, costing society in England £43.7 billion a year.

Given this Government’s objectives on growth, I would have thought that a “polluter pays” tobacco levy would be very popular with them, as it is with the general public, 76% of whom support the policy. It could raise up to £700 million per year to fund vital smoking cessation and wider public health activities, as my noble friend Lord Russell suggests in his amendment. It could prevent industry manipulating prices to undermine the health aims of tobacco taxes. A levy would make tobacco less profitable in the UK and reduce industry incentives to lobby against government actions to achieve a smoke-free country. I know that they are very clever lobbyists. Although I trust that this Government will resist such lobbying, this would ensure that the cost burden of taxes is not shifted to consumers because a levy alongside a cap on manufacturer pricing would prevent manufacturers passing the costs on to consumers.

Smoking remains the leading cause of preventable death in the UK, alongside obesity caused by poor diet. Investing in the resources raised by the levy to help smokers quit, as in Amendment 194, will support the Government’s ambitions to halve the difference in healthy life expectancy and shift healthcare from treatment to prevention, an ambition outlined strongly in the Government’s 10-year health plan.

These amendments are very much in line with what the Government want. I hope that they will have the courage to accept them. The key principle is that the revenue to tackle the harms of tobacco should come from the industry, not the poor, addicted and often sick consumer, and the cost of the damage caused by tobacco should certainly not come from the taxpayer.

So we must resist these amendments, for my nephew and his cohort and now for younger children, who are not faced, as my nephew is, by the apparently insuperable challenge of breaking from addiction.
Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, I will speak briefly on this group of amendments, which are regrettable, in my view. The previous Prime Minister, Rishi Sunak, is to be applauded for what he did, as are the previous Government and this Government. This measure should be nothing to do with party politics.

Interestingly, this is a measure on health, but the proponents of the amendments have not so far mentioned the word “health”. We have heard many arguments, some of which I understand—I will address them briefly in a minute—but, in essence, this is a health measure and we have our own Health Minister, quite rightly, responding to this set of amendments. It is her measure and the Government’s measure. This is a health measure and we should not shy away from the fact that it will save lives.

Those proposing the amendments said they were in favour of bringing in restrictions—there is an age limit now—but they did not say that to me when they were proposing this. It did not sound like that. When I was preparing for this debate, I looked at this set of amendments and, at the back of my mind, I was vaguely reminded of something. I remembered what it was—and they will not like this comparison, so forgive me. It was when Jeremy Corbyn was supposedly in favour of Remain and went around giving speeches on it. Similarly, this proposal seems very half-hearted.

At the core of the current legislation is an age limit. This alters only the way that the age limit applies. The suggestion, in its hyperbole, is that we are going to face a Wild West of people opposing this and so on. Perhaps we need more resources on enforcement, and we certainly need to put in resources to anticipate what small businesses will be doing, but do not forget that this will be a gradual ban; it will not happen overnight. We also need to spend money on cessation services. All of that comes up in a later group of amendments.

These amendments address something outstanding that the Government are doing, which the previous Government were committed to. We should not shy away from it. We can improve this legislation, but this set of amendments would drive a coach and horses through what is necessary.

Lord Scriven Portrait Lord Scriven (LD)
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My Lords, I find myself in difficulty in this debate. As many noble Lords will know, my party will have a free vote on the generational ban if any amendments are pushed on it. At Second Reading, I made my view about it very clear. I reaffirm my commitment to the aim of the Bill to reduce smoking and have a healthier nation, which is a crucial public health objective, and I support greater regulation that helps people quit and prevents addiction. I say that as somebody who saw both parents die of smoking-related illness, so I understand the effect that it has.

My worry about the Bill, and the reason I support the amendment in the name of the noble Lord, Lord Murray, is the assumption that by banning something, demand will automatically go. It will not go; it will just be shifted to a different market: the black market. That is what will happen; evidence throughout history always shows that. The question is: will the Bill therefore be enforceable to the shift in demand to different markets?

At Second Reading, I raised the issue of proxy demand. Where people are legally able to buy, how on earth will trading standards and the police be able to police every single household in this country, where adults will share tobacco and cigarettes? That is what will happen. I ask the Minister directly whether it will be legal if someone in England who is not able to buy tobacco because they are deemed below the age threshold goes to Jersey, buys tobacco, brings it back and smokes it. Will they be deemed to be carrying out an illegal activity in the UK? Where we had booze runs in previous generations, will we have ciggie runs for this generation? It is a real question.

If somebody goes to France, buys cigarettes and then gives them to somebody back in the UK who is not deemed able to buy them in the UK, will the fact that they have bought them in France but given them to somebody in the UK be an illegal act? Smoking will not be illegal; it is the buying, so if somebody buys in a foreign country, will that be deemed illegal? These are really important questions. The whole enforcement of this relies on those kinds of questions being asked. I do not know the answers, so I ask these genuine questions.

I also worry about trading standards. I heard what the noble Lord said about trading standards, but I declare an interest as vice-president of the Local Government Association. Trading standards officers and organisations I speak to are very happy with what is being proposed but raise great questions about how enforcement will be carried out. They welcome the extra £30 million over the next five years but make it very clear that, in their view, three times that amount will be required to effectively enforce this. They also worry about rolling age verification, particularly as this goes into the future—distinguishing between a 30 year-old and a 31 year-old, as the noble Lord, Lord Murray, said. There will be a rolling issue of enforcement.

Finally, I made clear my fundamental philosophical issue at Second Reading and I shall not dwell on it today. The illicit trade already accounts for one in four cigarette sales. That is according to figures in Civil Service World. They are not HMRC figures. The Civil Service World article stated that, historically and to date, HMRC still underestimates the illegal trade and suggested that it is more like one in four sales. My view is that, by moving demand, we will move more of this into the illicit trade and therefore the enforcement will be even more.

I come back to my central point. Legislation in itself is useless if it cannot be enforced and I have no idea how proxy buying will be enforced in individual homes. People may say that they are not buying for somebody but then pass it on. I therefore believe that the Bill will not create the smoke-free generation that some want by having a generational ban. A cut-off point of an age, followed through with better regulation and better smoking cessation policy, with money paid by the tobacco industry for those things—there are amendments further down that we will come to on that—will be more effective than this view that a generational ban will magically stop the demand and stop younger people smoking throughout their lives.

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Baroness Northover Portrait Baroness Northover (LD)
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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 Portrait Lord Bourne of Aberystwyth (Con)
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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.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, I do not think it is fair to ask a courier driver to verify the age of a person, so the noble Lord, Lord Young, has a very good point, and age verification online is very poor. The noble Lord, Lord Lansley, spoke about age gating. I can see why it is popular with retailers, because it would take some of the burden away from them.

It has been claimed that the Bill may not currently keep up with technology. Can the Minister say whether the wide powers in the Bill would allow powers to be taken in future to mandate age-gating technology if the evidence indicates that it is needed? Clearly, there is a problem even now with underage children buying vapes. A briefing that I—and I think quite a few other noble Lords—received from something called IKE Tech said that 71% of underage children buying vapes get them from retailers. That indicates that we need a really vigorous enforcement regime. It also said that 76% said they are buying them online, which indicates support for the amendment from the noble Lord, Lord Young.

On the whole, when people buy from a retailer, I think that I am in favour of a wide range of means of age verification being acceptable. Both these amendments aim to reduce opportunities to start vaping underage, which is a very good thing, because young people who start vaping may not be killed by tobacco but they will be made addicted and very poor by the addiction to nicotine that they will get hooked on. I look forward to the Minister’s reply on that. I would not want to prevent an adult who could not obtain digital age verification buying an effective quitting tool, so we have to be a bit careful about unexpected consequences.

One thing that I saw in the briefing was interesting. The claim is that similar tech can also prevent circulation of illicit products by embedding low-cost NFC tags into product packaging so that every legal vape can be instantly verified; this stops fakes at the border and on shop shelves. That is something that we should all be concerned about, because drugs could well be inserted into vapes—and I understand that this is happening already—so people are getting things that they do not expect to get. Of course, something like that would not be legal and, if there was a tag on them to identify anything that is legal, you would only want to buy those. I know that teachers have reported problems with children being drugged by things that have been inserted into vapes, so that is something that we should consider.

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, very briefly, I support the ambition of the amendments in this group, particularly my noble friend Lord Bethell’s amendment on tobacco extinction 2040, which is the level of ambition that we should be looking for. The Government are to be applauded for this measure, but we need not just a direction of travel but a destination, which this provides. I also very much agree that the end-point legislation that we have seen on asbestos and leaded petrol are examples of two very successful approaches that we could replicate here.

I also support the amendments in the names of my noble friend Lord Young of Cookham and the noble Baronesses, Lady Northover and Lady Grey-Thompson, from whom we have just heard. It is very important that we seek to tackle those areas that have the highest deprivation and suffer most from smoking. These amendments seek to do just that. I also agree with the noble Baroness, Lady Northover, on the need for a clear communications strategy. That is central and should be led by the department, as she so rightly said.

Lord Harlech Portrait Lord Harlech (Con)
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My Lords, I want briefly to offer a slightly different perspective.

I understand the intent behind the Bill and my noble friend Lord Bethell’s Amendment 4 in this group. However, I believe that this amendment and the Bill as a whole lack some nuance in separating cigarettes from cigars and other tobacco products, which I will hereafter refer to as OTPs. If this were the cigarettes and vapes Bill, I would not have much issue with it, but there is a vast difference in mortality impact between cigar smokers and cigarette smokers. Cigars are not inhaled and are made from natural tobacco, while cigarettes are inhaled, are habitual, are used with high frequency and are often made with additives and chemicals.

I implore noble Lords and the Government to recognise this difference. The reason why is that we risk destroying a 500 year-old business with products that are made by artisans and are often, or almost exclusively, sold by independent family retailers who do not stock or sell cigarettes because cigars and OTPs are the only products that they sell. I draw attention to subsection (3)(b) of the new clause proposed by my noble friend’s Amendment 4, which refers to

“supporting tobacco retailers and businesses in transitioning away from tobacco product sales”.

If that said, “cigarette sales”, I would have no issue with it. If you are a large retailer such as Tesco, you can easily put something else in that shelf space; if you are a family business that sells only cigars, however, the impact of this measure is that you will go out of business.

By including cigars and OTPs in this amendment, we risk putting these family-owned, responsible traders out of business for a very negligible health gain; we also risk losing tourism and tax revenue at the same time. So can my noble friend and the Minister look again at separating cigarettes from cigars and OTPs, both in the Bill in general and in this amendment specifically?

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con)
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Smith of Llanfaes. I totally agree with the point she made about vaping and the need for research into the long-term effects of vaping—that is absolutely right.

This part of the speakers’ list looks like a Welsh odyssey, with speakers from Llanfaes in north Wales, Aberystwyth in mid Wales and, following me, my good friend, the noble Lord, Lord Griffiths of Burry Port, in south Wales. A tiny corner of the House of Lords Chamber is for ever Wales on St George’s Day.

I thank the Minister very much indeed for setting out the rationale of this legislation, which she did very effectively—it seems a long while ago now. I declare my interests as set out in the register.

This is the most significant piece of public health legislation for a generation and I think there is a danger that some of my colleagues may be losing sight of that. The mainspring of this legislation is to protect the health of generations to come and talk of an age limit of 21 does not achieve that. This legislation is remarkably like legislation introduced by the last Government under Rishi Sunak. I was very proud of that legislation and the current Government deserve some credit for bringing forward similar legislation, rather than to be attacked for bringing forward Tory legislation, as one noble Baroness put it. I am very pleased that this legislation is remarkably similar to the legislation we saw then.

It is fairly clear that this legislation is not perfect. This is Second Reading. There will be amendments and there will be discussions on funding for trading standards and how we combat illicit tobacco sales. It would be good to have some reliable figures on that. We have heard people bandying figures about. I do not think anybody really knows. Age verification is something we need to look at as well, but people talked about that as though it was difficult. I looked at my wallet because I was pretty confident that this was the case: your driving licence has your date of birth. You just have to show that—it is straightforward. I am not suggesting there are not issues with this legislation but that is not an insuperable one.

Against all this, we should not lose sight of the fact that smoking is the largest cause of death in the United Kingdom, causing some 74,000 deaths in 2019. Since the last election, over 100,000 young people will have taken up smoking. That is not something we should glory in by pretending this is some libertarian nirvana and they are all rushing to say, “Let’s exercise our freedom to smoke”. I do not believe for a minute that that is what is happening. Smoking, as we know, substantially increases the risk of major health conditions—heart disease, dementia, asthma, diabetes, and the list could go on.

The cost to the NHS is £3 billion a year and social care costs must be added to that. The time lost from smoking-induced illness costs £18 billion a year. The cost easily outweighs the revenue loss of £10 billion, so let us just nail that one.

It is a depressing national picture that is made up of many millions of individual heart-rending stories of loss of loved ones. We have heard today that everybody here will have been touched by somebody in their family, somebody they know, perhaps many people they know, who have lost years of their life or had bad health at the end of their life brought about by smoking. Ranged against that we have some people arguing for, as I say, a libertarian nirvana of allowing teenagers to smoke to exercise their fundamental freedom. I look forward to seeing a petition from those suffering from smoking-induced illnesses, or from their families or friends, to halt this legislation. I do not suppose we will be seeing that, to add to the objections of the tobacco industry.

I will say a quick word about vaping. Like many others, I agree that vaping appears to be less deleterious than smoking. It would be good to have further information and evidence on that. Seen correctly as an aid to quit smoking it could be encouraged, within that narrow band, but there is nothing desirable about vaping. It is not great—it is just better than smoking. I support age-gating technology to ensure that those using vapes are those who could legitimately smoke. To that extent, it is to be welcomed.

This is powerful, desirable legislation. I hope we will support it as it goes forward on the basis that it is good legislation which can be improved.

Covid-19: Aligning UK and Foreign Entry and Return Requirements

Lord Bourne of Aberystwyth Excerpts
Monday 19th July 2021

(4 years, 3 months ago)

Lords Chamber
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Lord Bethell Portrait Lord Bethell (Con) [V]
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My Lords, the noble Lord’s question has behind it a genuine dilemma. The amount of genomic sequencing in countries around the world is limited. No other country has the degree of genomic sequencing that we have here in the UK, and we do not have perfect vision of what variants of concern are present in other countries, including even in France. We work very closely with Governments, including that of France, to have access to whatever data they have—but, to an extent, we are operating with imperfect data.

Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, clearly, as international travel restrictions ease, co-ordination of travel rules will become imperative. In that regard, will the Minister impress on colleagues in government the good sense of Britain leading the way internationally in ensuring that vaccination records are carried in passports, to demonstrate the vaccine histories of those travelling? This will speed checks, make them secure and promote an international approach to vaccine-secure travel.

Lord Bethell Portrait Lord Bethell (Con) [V]
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My Lords, I entirely agree with my noble friend that co-ordination of vaccine certification is a massive priority. We are working extremely closely, particularly with our close friends in America and the EU, to have mutual recognition of certification. Whether that certification is tied to the passport is up to the tastes of local countries. In the UK we are putting certification in the NHS app, and it feels right that that should be contained and limited to health records rather than national identity documents. However, each country will have its own approach.

Coronavirus Act 2020 (Early Expiry) Regulations 2021

Lord Bourne of Aberystwyth Excerpts
Monday 5th July 2021

(4 years, 4 months ago)

Grand Committee
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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, I declare my interests as set out in the register. I thank my noble friend for setting out the early expiry regulations, which I support. As we have heard, these regulations provide for the early expiry of 12 temporary provisions. I note that nine of them are devolved matters and that the Secretary of State has obtained the necessary consent on behalf of Wales, Scotland and Northern Ireland. These regulations are multifaceted, applying to matters as diverse as the retention of DNA and fingerprints, food safety, emergency volunteering and General Synod elections. As we note the lack of need for emergency volunteers in these expiring regulations, I note the great resilience of our NHS and its staff as we mark its 73-year anniversary and its merited award of the George Cross by Her Majesty yesterday. Like many others, I hope that the efforts of NHS and care staff are recognised by the pay review process.

The varied nature of these regulations also illustrates the broad canvas that my noble friend is expected to cover—indeed, does cover—every day in this House. I commend him for his Trojan work effort. On that subject, I wish to stretch his reach and possibly his patience a little further. These regulations do not renew the provisions relating to tenancies, so there are limited opportunities to raise these matters. I have given my noble friend advance notice that I would raise this issue, but if he does not have all the detail to hand, I would appreciate a response in writing.

Until the end of May 2021, there were restrictions, quite justifiably, on the eviction of tenants unable to pay their rent because of the Covid pandemic. This meant that for many tenants housing rent arrears were piling up. The debt was still due but could not be enforced in that period, quite understandably. That came to an end at the end of May. Thus, from the start of June, the possibility of eviction arises again. This will not mean that the tenant has the money to pay the rent, so the landlord enforcing the provision will not necessarily—probably will not—get the rent. It prejudices the tenant in a dreadful way, and it undermines the landlord/tenant market in general. This is only going to get worse as we enter the summer now that evictions can happen again.

This problem has been highlighted on many occasions in your Lordships’ House, as well as in the other place. I have done so, and many others have too, including, outside your Lordships’ House, the National Residential Landlords Association, which has pressed for interest-free hardship loans for tenants to pay-off their Covid-related rent arrears. This would help landlords and tenants and would help preserve the important landlord and tenant market so essential to the country’s housing needs. I press this upon my noble friend.

Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) Regulations 2021

Lord Bourne of Aberystwyth Excerpts
Monday 7th June 2021

(4 years, 5 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Tyler of Enfield. I very much agree with her concluding comments about the fact that there is no freedom day: we will not go back to normal, certainly not in the short term. It is, as my noble friend Lord Lansley also said, a matter of accommodating our processes and adjusting to the new realities. I also thank my noble friend the Minister for setting out so clearly and concisely, as he always does, the effect of these regulations and for updating the Committee on the four tests or factors affecting the lifting of regulations.

I support the regulations but I regret that we are not seeing them in advance of their coming into force. I hope my noble friend can say something about a future scenario where we can perhaps expect that, as we move to a position where the regulations will not be so restrictive. It would be good to hear my noble friend’s views on that.

I support the regulations and the policy of stepped moves out of lockdown. That seems the right way forward. The easing of restrictions on outside gatherings and those attending funerals is absolutely appropriate. It is right that this phased approach is taken towards restrictions and that they are relaxed as the evidence demonstrates that a letting up on restrictions is appropriate. That is the right approach.

Like others, I congratulate the Government and my noble friend on the success of the vaccination programme. It has been outstanding. It is only fair that that should be acknowledged. It is at the centre of the Government’s success in this area and a tribute to the National Health Service, volunteers and all those concerned.

What remains a major challenge, as identified by others speaking in the debate, is international travel. This area of activity is relaxed by these regulations too. I will press my noble friend on this. A potential weakness identified previously is represented by travellers coming into the country from high-risk countries, who might pass on the infection before they are quarantined. This presents a challenge principally, though not exclusively, at Heathrow. I am pleased with the red country terminal arrangements at Heathrow. Could my noble friend update the Committee on their success and how they are working? Are we ensuring that special arrangements are made to split passengers from red list countries from other destinations at other airports too, where there is unlikely to be more than one terminal? It would be good to hear that these sensible arrangements are being applied across the country.

What arrangements are being made to ensure co-ordination with the devolved Administrations, particularly in this important area of travel and the operation of our UK airports, where a consistent approach is clearly needed? Could my noble friend comment on the recent summit between the Prime Minister and the First Ministers of the devolved Administrations, and any discussion that there was on co-ordination on coronavirus actions and policy?

Lastly, I make a plea for continued efforts to ensure that COVAX is working successfully to help countries across the world, particularly those unable to act as speedily and effectively as we have done. I know that my right honourable friend the Prime Minister has this very much at the centre of his approach and is making it a central plank of the G7 summit coming up in Cornwall. It would be good to hear my noble friend’s thoughts on this. With those comments, I am very pleased to support the regulations.

Health Protection (Coronavirus, Restrictions) (Steps and Local Authority Enforcement Powers) (England) (Amendment) Regulations 2021

Lord Bourne of Aberystwyth Excerpts
Monday 17th May 2021

(4 years, 5 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Walmsley, who has made some extremely important points. I thank my noble friend for setting out the purport of these regulations, applaud his work ethic and say that what I shall say, just as the noble Lord, Lord Rooker, said, is no personal reflection on him.

These regulations are part of the road map setting the way out of lockdown, which I support; the approach is correct. I would like some reassurance from my noble friend. As we are out of the eye of the hurricane, it is about time we saw these regulations in advance of them becoming law. We are looking at these some 37 days after they became effective. Frankly, it is just not good enough. It is about time that we started to see these ahead of their becoming law rather than in the rear-view mirror, as has become the case. There may have been a time when that was justifiable, but that time has now passed.

I will take my noble friend up on some of what he said about the Indian variant. I am sure that we will look at this whole issue of why action seemed slow in relation to India when it was not so slow in relation to Pakistan and Bangladesh. It seems strange. Are flights still arriving from India in any way, as I have heard is the case? That might not be true. Could my noble friend also provide some reassurance about our border controls, which seem all too porous? People from countries where there is a known risk mingling with other travellers when they arrive is, frankly, amazing and needs to be stopped forthwith. I cannot understand why that is happening.

My noble friend the Minister spoke about action at the weekend in Bolton, which I certainly welcome. Could he tell us whether similar action has been taken elsewhere, in other communities where there is clearly a threat from this variant, such as Blackburn, Bedford and so on? Could he indicate where that is the case? If he is unable to provide a detailed list—there might be many areas that this applies to—perhaps he could undertake to write and put a copy in the Library.

In short, while the vaccine programme has been highly successful and the Government certainly deserve praise for it, it is not the sum total of what is happening. We have to look at the whole position. The position at our borders is worrying. The Minister himself said that one of the four tests, quite rightly, is whether there are variants of concern. He said that this test was being satisfied. He said later in his speech that new variants are a risk. Frankly, one of those statements has to be right; I suspect it is the latter. I would welcome the Minister taking that point up as well. I have these concerns and look forward to hearing from my noble friend on these points.

Body Mass Index

Lord Bourne of Aberystwyth Excerpts
Thursday 22nd April 2021

(4 years, 6 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, it is a great pleasure to follow the noble Baroness, Lady Parminter, who spoke cogently on this subject, as she always does. I also congratulate the noble Lord, Lord Addington, on securing this important debate.

The past year has highlighted the importance of health and, specifically, of weight as a determinant of health. Just yesterday, as the noble Lord, Lord McNally, reminded us, the Minister stressed the importance of combating obesity and the historic challenge we have in our country in tackling obesity. Apart from age, it is the single most important factor in tackling Covid-19, for example.

I also welcome the broader message that the Minister has given out on more than one occasion about the importance of preventive healthcare and the accent we should all place on a healthy diet, an exercise regime, such as walking and cycling, and maintaining a healthy weight in so far as one can. I welcome any rebalancing of our approach to health in this way for the future. I think that is important and welcome.

I appreciate, as others do, that BMI is not a perfect guide to a healthy weight—far from it. For example, as we know, muscle is denser than fat, so somebody who has a muscular build will be heavier than somebody who does not, and different people may be susceptible to some diseases and so on. BMI clearly needs to be used alongside other factors—that is crucial.

However, from the perspective of getting the basic message across, there is no doubt in my mind that in tackling obesity the use of BMI is the right call to arms, although I accept we need to be very much alive to the mental challenge of the eating disorders that confront many people. It is undoubtedly the case, as the noble Baroness, Lady Parminter, has just said, that pressure from Covid-19 has increased problems in relation to finding treatment for eating disorders. I would welcome the Minister saying something on this when he sums up.

I also look forward to hearing from the Minister about what specific actions Her Majesty’s Government are looking at around whether to nudge people with incentives, or at least opportunities, to exercise across the country; whether to take action to influence diet, for example, through school meals, hospital meals and meals in other institutions; how we are going to control excess sugar and salt in our diets, possibly through restrictions; and how we are going to control the advertising of unhealthy foods and drinks. These are important issues that we need to confront for the future and one of the lessons that we can clearly learn from the Covid pandemic.

Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

Lord Bourne of Aberystwyth Excerpts
Monday 22nd March 2021

(4 years, 7 months ago)

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Lord Bourne of Aberystwyth Portrait Lord Bourne of Aberystwyth (Con) [V]
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My Lords, it is a great pleasure to follow the noble Lord, Lord Empey, who has characteristically made some important points. I too congratulate the noble Baroness, Lady Chapman of Darlington, on an excellent maiden speech. I am sure that the whole House looks forward to many more such speeches from her. I also thank the Minister for his considerable efforts on coronavirus and many other health issues over the last year or so. He has been a truly diligent Minister.

We can all take great comfort from the success of the vaccination programme. It is a tribute to the Government, the NHS and the hundreds of thousands of volunteers who have made such a great effort and continue to do so. That said, these regulations cause concern. I share the concerns of many Members who have spoken about the lack of notice, which we should have been able to deal with by now. We have heard routinely how this will be dealt with but we are still seeing these things in the rear-view mirror. Frankly, I cannot see a reason why that should be happening now, and certainly not in relation to these regulations. I do, and will, support them, but there are inconsistencies in the approach. Those coming directly from a red-list country will quarantine in a hotel; those coming indirectly—no matter how short the stopover somewhere else—will not be required to do so. I cannot see the reason for the distinction but I look forward to hearing from the Minister on this.

Meanwhile, we should take great comfort internationally from the scientific response—including, I hope, to the variants—from those who have worked incredibly hard on the vaccine programme and, as I said, from the vaccine rollout in our own country, which has been extraordinarily successful. I would also like to hear from the Minister on the vaccine passport and, indeed, a vaccine certificate to enable people to attend galleries, concerts, football matches and so on. What are the Government doing about that?