Tobacco and Vapes Bill

Lord Lansley Excerpts

Wednesday 26th November 2025 Grand Committee

Moved by

[Lord Lansley]

197: After Clause 157, insert the following new Clause—
“Independent expert panel on vaping(1) Within six months of the day on which this Act is passed, the Secretary of State must establish an expert panel, consisting of members independent from the production, distribution, supply or sale of vaping or nicotine products.(2) The expert panel constituted under subsection (1) must consist of members nominated by the Secretary of State, whom the Secretary of State considers to have relevant expertise in relation to—(a) the health effects of vape use or of nicotine addiction,(b) consumer behaviour in respect of vaping or nicotine use, or(c) the economic effects of the market for vaping and nicotine products.(3) The expert panel must report to Parliament not less frequently than annually incorporating evidence relating to—(a) the health effects of the use of vaping or nicotine products,(b) the supply and use of such products by consumers, and(c) the impacts of regulations made under this Act on the supply and use of vaping and nicotine products.(4) The expert panel may make in its report such recommendations relating to the use of powers under this Act, in respect of vaping and nicotine products, as the panel considers to be beneficial in the light of the evidence they have identified.(5) In making regulations under this Act in regard to vaping products and nicotine products, the Secretary of State and Ministers for Scotland, Wales and Northern Ireland must have regard to the reports of the expert panel and their recommendations.”Member’s explanatory statement
This new clause seeks to provide a continuing source of evidence to support the future implementation of the regime for vaping and nicotine products.

[Lord Lansley (Con)]

My Lords, it is a pleasure to speak to the last group of amendments in Committee. I hope that the smiles evident on the faces of Members, because we have reached this point, will encourage a positive response to this final amendment to be debated.

This amendment is rather neat in the way it fits in at the end of our discussions. In listening to the debates on this Bill—particularly in relation to vaping and nicotine products—we have heard on many occasions, not least from the noble Baroness, Lady Walmsley, an emphasis on the requirement for the production of evidence. The Minister rightly said that the Government are undertaking a research programme—that is a good thing—but we need to emphasise that we are not simply strengthening the tobacco control regime and seeking to create another regime that parallels it; we are seeking to create a regime that is particular to the circumstances of vaping and nicotine products. They should not be treated as the same as tobacco, nor should they be treated the same as drink—they should be treated in their own terms. What I hope we might consider at this stage in Committee is that, on Report, we will increasingly identify how the vaping and nicotine products regime should be justified in its own terms—that is, not referencing the other regimes, with which parallels have been drawn, but looking at what is appropriate in relation to these products, their circumstances and the evidence pertaining to them, as well as how the regime should be established.

Amendment 197 is structured to say that there should be an independent expert panel. Why do I think this would be particularly helpful? First, the requirement for independence is illustrated in the amendment itself, in that it will not include those people who are responsible for the production, supply, distribution or sale of vaping and nicotine products. Happily, the industry is supportive of this, as it recognises the value of not seeing the advice that is given to government and Parliament—and, indeed, the advice that will then, I hope, be used as a basis for explaining in public communications what steps are being taken and why. As the discussion we just had demonstrated, these things should not be trammelled by being directly involved with the people who benefit, financially and otherwise, from the advice that is given. So independence is a first, straightforward step.

Secondly, this is not simply a scientific panel. It is really important that we deliver into the regime as much evidence as we can about health harms and the scientific basis for understanding the impacts of vaping products and nicotine addiction over time. But, as the amendment makes clear, we should also include in the expert panel people who understand all the behavioural science aspects of trying to structure a regime that is about seeking to influence behaviour.

--- Later in debate ---

[Baroness Merron (Lab)]

My Lords, I am most grateful for this debate, which concludes the work of the Committee. As I have said before, I certainly share the intention of the noble Lord, Lord Lansley, who tabled this amendment, to ensure that regulations are based on the best available evidence. I appreciate the consideration he has given to the amendment and the reason he put it forward.

I say in response that we continue to monitor emerging evidence, which we have much discussed, on vapes and nicotine products, including commissioning independent research through the National Institute for Health and Care Research. For example, we commissioned a comprehensive analysis of all youth vaping studies—referred to in the debate—which was published recently, and a five-year-long living evidence review that will collate the latest and most robust research into the health impact of vaping. This living evidence review is accompanied by a scientific advisory panel, which includes independent experts, appointed independently from the Government on merit, who the Government can call on for advice on the latest evidence. Further, as the noble Lord, Lord Young, mentioned, earlier this year we announced a landmark 10-year study that will include in its investigations the long-term health effects of vaping on young people’s health.

I agree with the noble Lord, Lord Lansley, that misperception of the harms of vaping is of concern; I take that point. Vaping absolutely can play a role in helping adult smokers to quit, as we have discussed, but children should not be vaping and nor should non-smokers. We are committed to carefully considering the scope of restrictions, to avoid unintended consequences and the misperception of harms, which is an area for further work.

We also fund a vaping expert panel, which provides valuable guidance for trading standards professionals on the enforcement of regulations. Under many of the powers in the Bill there is a requirement to consult before making regulations and, on 8 October, we published a call for evidence on issues where more evidence is needed before we can consult on specific proposals. We will monitor the impacts of measures brought in by the Bill and subsequent regulations. We will also be able to update regulations in future to ensure that policy is responsive to evolving evidence, should this be necessary.

It is our view that we have access to appropriate expert advice, which I know is the noble Lord’s intention, and we will consider the best available evidence in making regulations. I hope that he will feel able to withdraw his amendment.

[Lord Lansley (Con)]

My Lords, I am grateful to all those who contributed to the debate. It is both helpful and timely at the conclusion of Committee to have exactly this debate. In a funny way, perhaps we should have had it at the beginning, because it helped to fill out some of the details of the ways in which the evidence base for the vaping and nicotine product regime will be assessed and understood.