Tobacco and Vapes Bill (Sixteenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 30th January 2025 Public Bill Committees

[Sarah Bool (South Northamptonshire) (Con)]

I want to build on the shadow Minister’s point, because I raised that concern in one of the previous sittings. I want to refer to the words of the King’s counsel, Jason Coppel, of 11KBW chambers, in relation to this point. In an article published online, he notes that TPD2, the tobacco products directive,

“lays down various requirements concerning matters such as ingredients, emission levels and packaging which must be satisfied by tobacco products, vapes and other smoking products if they are to be marketed within the EU. Member States are not permitted to prohibit or restrict the placing on the market of products which satisfy these requirements (article 24(1)). However, TPD2 does not seek to harmonise domestics sales arrangements for these products and positively encourages Member States to introduce age limits on their sale (recitals (21) and (48)). The key issue is therefore whether a GSB”—

a generational sales ban—

“would be a selling arrangement or age limit which is compatible with TPD2 or a gradual prohibition on the placing on the market of tobacco and other products which meet the product requirements of TPD2, which would likely be incompatible with TPD2. There are, on any view, powerful arguments in favour of the latter view. The age limits referred to in TPD2 were limits on the sale of tobacco products to minors, not to adults. Unlike an age limit, the intention and effect of a GSB is to phase out the use of tobacco products entirely. It is equivalent in effect to an absolute ban on the sale of tobacco products, but a ban which is introduced very slowly, with an extent which increases day by day. If that analysis is correct then cl 68-69 of the Bill, if enacted, would likely contravene TPD2 regardless of whether they can be established by the Government to be a proportionate restriction in the interests of public health. It is reasonable to infer that the positions adopted by the Danish and Irish Governments were dictated by arguments along these lines. If a GSB would indeed contravene TPD2, it is relatively clear, from a series of decisions of the Northern Ireland courts applying the Windsor Framework, that TPD2 would have direct effect so as to override the GSB, pursuant to section 7A of the European Union Withdrawal Act 2018.”

I appreciate that that is heavy legalese, but it is important to stress Mr Coppel’s point. I do not feel that I had a sufficient answer from the Minister last time, so I would appreciate it if he could confirm that that has been considered.

[Andrew Gwynne]

Of course that has been considered. It is the responsibility of the United Kingdom Government to ensure that any legislation appertaining to Northern Ireland is compatible with the Windsor framework—that is clear. In drafting the Bill, the Government have taken into account all our domestic and international obligations. It has been put together following full consultation with Scotland, Wales and Northern Ireland, and we intend it to be United Kingdom-wide legislation for a smoke-free UK, in accordance with our international obligations.

Tobacco and Vapes Bill (Fifteenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 30th January 2025 Public Bill Committees

[Sarah Bool]

I am almost glad that my hon. Friend the Member for Windsor is not here, because at this point we would probably be launching into a much longer and more protracted debate, so we are lucky in that regard—[Interruption.] I am being chastised by the shadow Minister.

We should consider that interesting point and its knock-on impact because, in common with the hon. Member for City of Durham, I have concerns about the illicit tobacco market. I very much agree that we should be moving to a new system of preventive medicine. As I have mentioned, I have type 1 diabetes, and I want to see a greater and earlier use of technology to prevent long-term problems. The new clause provides a useful point for discussion, and I thank the hon. Lady for tabling it.

[Andrew Gwynne]

I am grateful to my hon. Friend the Member for City of Durham for tabling the new clause, because it allows us to have a debate about a really important matter. As has been discussed, the new clause would require the Secretary of State for Health and Social Care to consult and report on a scheme to regulate and to raise funds from the prices and profits of tobacco manufacturers and importers.

Duty on tobacco raises around £8.8 billion a year. The Government’s preferred approach is to continue with a proven and effective model of dealing with tobacco products through increases in tobacco excise and through duties. This generates finances that can support a full range of public services, including public health and the NHS, as well as smoking cessation services. We believe the proposed scheme would be complex to implement and might take several years to materialise.

Alongside the Bill, we are taking strong action to reduce the affordability of tobacco, which is an effective measure to trigger smoking cessation. The United Kingdom already has some of the highest tobacco taxes in the world. The World Health Organisation recommends that total taxes on tobacco are at least 75% of the retail price on typical cigarettes. The United Kingdom comfortably meets this target, with taxes at around 80% of selling price.

As announced at the autumn Budget 2024, duty rates on all tobacco products were increased in line with the tobacco duty escalator by 2% above retail price index inflation. The duty rate on hand-rolling tobacco was increased by a third of 10%, to 12% above RPI inflation, to reduce the gap with duty on cigarettes. Those changes came into effect on 30 October 2024.

Cigarettes are also subject to minimum excise tax, which sets a minimum amount of duty collected on a pack of cigarettes. That discourages manufacturers from selling cheap cigarettes, as it reduces the profitability of cigarettes sold at or below minimum excise tax trigger prices. The new minimum excise tax is £8.93 for a pack of 20, and it applies to cigarettes sold at or below £13.59 for a pack of 20.

We are still going further on tobacco tax. As announced in the autumn Budget, there will be an additional one-off increase for all tobacco duties. That will come into force on 1 October 2026, when the vaping duty comes into effect. From a financial perspective, that will maintain the incentive for smokers to switch to vaping once the new excise duty on vaping products comes into force.

On one last technical note, His Majesty’s Treasury can consult on tobacco taxation and fiscal policy at any time, so that does not need to be set out in the Bill. For those reasons, I ask my hon. Friend the Member for City of Durham to withdraw her new clause.

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[Sarah Bool]

I agree. That is a good conclusion to have worked through, which we perhaps had not had the opportunity to turn our attention to. I would like to see a provision of this nature. I am intrigued, as my hon. Friend said, by why the Minister has not included filters in the outright initial ban. That should be considered, perhaps on Report.

As a general principle, we need to look after our natural environment. A ban on the plastic contained in cigarette filters would surely be a sensible move. As my hon. Friend has said, however, the filters do not achieve what anyone was hoping and do not make smoking safer. I therefore think we must have further discussion. Will the Minister give a little more explanation on some of the rationale and whether the measure can be included in the Bill?

[Andrew Gwynne]

I am grateful to the shadow Minister for moving this new clause for debate and to my hon. Friend the Member for Dartford for tabling it. New clause 4 would require the Secretary of State to make regulations under the Environmental Protection Act 1990 to prohibit the supply of cigarette filters that contain plastic or cigarettes containing cigarette filters that contain plastic.

I am incredibly sympathetic to the premise of the new clause. Cigarette filters, as we heard from the shadow Minister, have historically been marketed as making smoking safer, and we know that smokers can perceive cigarettes with a filter as tasting smoother and being of lower risk. Evidence shows that there is no proven health benefit to cigarette filters. All tobacco products are harmful to health.

However, as with all regulations, it is important that any measures are fully considered and evidence-based, to ensure that there will not be any unintended consequences—[Interruption.] Did the hon. Member want to intervene?

[Sarah Bool]

The hon. Member for Dartford has now arrived, so perhaps the Minister would be so kind as to allow him to intervene.

[The Chair]

Hang on. It is for the Minister to decide who he wants to give way to. Minister, carry on speaking; if somebody catches your eye, it is up to you whether you allow them to intervene.

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[Sarah Bool]

I find high-strength nicotine pouches incredibly concerning, as I had not been aware of their existence. There is a Member of the House who happens to use them; I had simply thought that that hon. Member was partaking of mints, but that is clearly is not the case.

This is an interesting area. As the shadow Minister has noted, pouches are discreet. When they are aimed at children, it is hard for parents to know what their children are taking, so they are particularly pernicious in their effect.

Many hon. Members will know that I often go back to social media. Apparently one of the main brands is called Zyn and is now trying to promote the trending of “Zynfluencers” via Instagram. The aim is to appeal to the younger generation. I do not think that that is acceptable, especially when some of these pouches are of a strength of up to 100 mg, as the shadow Minister mentioned.

Like the shadow Minister, I ask whether the Minister has any thoughts about whether the cap should be reduced further, because 20 mg may not be the right number. Given that the impact of long-term use of these pouches, which I happened to raise with the Member I saw taking one, includes mouth sores, gum irritation and oral cancer, I think we probably need a further discussion about them. I welcome any comments that the Minister may have.

[Andrew Gwynne]

I am grateful to the shadow Minister for moving the new clause tabled by my hon. Friend the Member for Newcastle upon Tyne East and Wallsend.

New clause 5 would introduce a ban on the manufacture and sale of high-strength nicotine products, with the maximum level of nicotine in a pouch set at 20 mg. Unlike nicotine vapes, there is currently no set nicotine limit for nicotine pouches; as we have heard, nicotine strengths vary from 2 mg per pouch to as high as 150 mg per pouch. There is also significant variation in these products internationally.

I am incredibly sympathetic to the arguments from the shadow Minister, from the hon. Member for South Northamptonshire and indeed from my hon. Friend the Member for Newcastle upon Tyne East and Wallsend. It is important to define the correct and safe nicotine level of a nicotine pouch. That is why we are already taking powers in the Bill that would allow the Government to limit the amount of nicotine in a pouch and to ban any other ingredient in a pouch that might be harmful.

We believe that secondary rather than primary legislation is the appropriate way to legislate on these matters, for all the reasons we have already debated. Legislation always has to be flexible enough to be amended based on new and emerging evidence. That allows the Government to set the right level of technical detail to ensure legal clarity. We will therefore consider the matter very carefully in our consultations post Royal Assent. I note that the shadow Minister referred to “if” we decide to use these regulations. Let me be very clear: these are precisely the kinds of things we will be looking at when we are moving like the clappers to get the regulations through.

In addition, nicotine pouches will be covered by all our other measures designed to reduce the appeal and accessibility of such products to children, such as powers to restrict flavours and regulate packaging, as well as those on general advertising. The shadow Minister gave an example of promotions that give out iPads in exchange for empty pouches. We clearly need to look at that specific promotion, but we are confident that it would be banned under the advertising restrictions that we have already debated and agreed to in Committee. I therefore ask her to withdraw the amendment.

Tobacco and Vapes Bill (Thirteenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 28th January 2025 Public Bill Committees

[Sarah Bool]

I respect the points made by the hon. Member for Cardiff West, because I understand that we do not want any unintended consequences. However, I would counter that by saying that although we perhaps need better definitions—that may be something we can consider—clause 136, as drafted, is incredibly wide, and any of the assurances that have been given to hospitality are merely words. There is absolutely no carve-out for the hospitality sector as this stands.

As much as I think the Minister is honourable in his intentions, unfortunately, we all know that we can go only on the law in front of us in black and white, and there is currently no security for the hospitality sector in this regard. We need to be incredibly clear about this with the hospitality sector, and we need the exclusion. One of the bigger concerns is that if people are not able to smoke—perhaps in a pub garden—it will force them into their homes, where they are actually more likely to drink and smoke more because they are not within that limited capacity of being out in public. We have to think about what the dangers are. Are we actually forcing people to take up worse habits in their private residence than if we allow them a little bit of flexibility in an open space?

I have a question about NHS properties generally. I appreciate that we want smoke-free places and that one wants to go into hospital and walk past people smoking, but I worry about those who have an addiction. Where do they go if they need to smoke, as they would if they are going through a process of cessation? What ends up happening as a result of all these provisions is that the smokers will just be forced down the road away from the property, but that has not really addressed the issue. We have just pushed the problem a few metres away.

We need to think in the round about how we best achieve our aim, how we deal with addiction, and how we clean up the hospital environment in a balanced and proportionate way. Perhaps the Minister has some other ideas, but I do not like the idea of just pushing some smokers down the road, rather than dealing with the issue at hand.

[Andrew Gwynne]

I am grateful for our debate on amendments 4, 94 and 95. I am even more grateful that a lawyer, my hon. Friend the Member for Cardiff West, is sitting behind me—as a non-lawyer, I note that it is always good for somebody to have one on their side. Indeed, the hon. Member for South Northamptonshire is a lawyer as well; in matters of law, there are always disagreements.

Amendments 4 and 95 would remove the power in the Bill to extend smoke-free places to any area that is a workplace or open to the public, including outdoor spaces in England. That would be replaced with a limited power to extend smoke-free places only to healthcare and education settings and to playgrounds. Amendment 94 would reinstate the test present in the Health Act 2006, which requires, in the Secretary of State’s opinion, a significant risk of exposure to significant quantities of smoke before being able to designate an additional place as smoke-free.

On extending smoke-free places, as we heard from a range of public health experts, evidence for the harm from exposure to second-hand smoke is well established. People exposed to second-hand smoke are at increased risk of cancer, chronic respiratory disease and cardiovascular disease. The World Health Organisation estimates that, every year, second-hand smoke kills up to 1.3 million people worldwide.

The science tells us three things about second-hand smoking. First, it poses a risk to health even outdoors. Secondly, it is particularly dangerous for vulnerable people, including children, pregnant women and those with pre-existing but usually invisible health conditions, such as asthma and diabetes. Thirdly, in some public settings, exposure to second-hand smoke can be high. If you can smell it, you are inhaling it.

It is important that the powers are broad, so that the Bill is appropriately future-proofed, as we have discussed in relation to other measures in the Bill.

[Andrew Gwynne]

The future-proofing element is if the science changes or, more likely, that over time public attitudes change. Smoking is already a minority pastime, and we expect that, in 25 years’ time, the prevalence of smoking among those aged 30 or below will be near to zero, so we will want to protect people from the scourge of second-hand smoke in other places. But that is a debate for other Ministers in other Sessions of other Parliaments at some stage in the future.

I do not want to tie the hands of my successors, so that they have to find a slot before the House for primary legislation to make simple changes. A far more practical and workable mechanism is for my successors to be able to come to the House to say, “The evidence has changed”, or, “Public opinion has changed”, and, “We now seek to consult the outside world on introducing further areas under the powers in the Bill”, and then to lay secondary legislation following the statutory duty to consult. Other areas can therefore come within the scope of the Bill.

[Sarah Bool]

I take the Minister’s point, but there is only a requirement to consult, so actually, completely unlimited powers have been given to make this change. We are trying to argue that we want the spaces to be clearly defined. It is important and right that we should come back to Parliament to make a change at a future point, if we want to extend the Bill further. But that will only be consultation, based on the current drafting, and a change could be pushed through regardless. The Labour party says that it is trying to support and back hospitality, so making this absolutely clear on the face of the Bill at this point will give hospitality the reassurance that it needs. I cannot see why there is any objection to more clarity, rather than overarching and wide powers. We are binding the hands of future generations and telling them that they cannot smoke and cannot vape—that right has gone—and then, on the other hand, we are saying, “I cannot bind the hands of my future successors”. We need reassurance and clarity for hospitality, and that is not in the Bill.

Tobacco and Vapes Bill (Fourteenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 28th January 2025 Public Bill Committees

[Dr Johnson]

The Minister is right to say that the clause recasts an existing regulation-making power in section 3(5) of the Health Act 2006, whereby the Secretary of State may make regulations that allow performers to smoke during a performance

“if the artistic integrity of the performance makes it appropriate”,

and is allowed, on that basis, to create a defence to the offences of smoking in a smoke-free place and of failing to prevent smoking in a smoke-free place.

The act of smoking in film, theatre and other forms of art can be a character-defining gesture that speaks volumes about the person’s identity or emotional state, or about the period in history they represent—think of images of Clint Eastwood, John Wayne, Humphrey Bogart and James Dean. It can also establish the period in which a person lived. It was commonplace for virtually everyone to smoke in the 1940s and 1950s, and the smoke swirling around characters became as much a part of their onscreen presence as their dialogue or expressions. Although smoking in real life is certainly not cool, and comes with myriad negative health implications, its role in art and culture can deepen the portrayal of certain iconic figures and their stories.

The Minister says that the exemption has been part of law for a long time, and that it has worked. There are essentially two ways in which a performance can mimic smoking. The first is to have a fake cigarette, six of which can be bought on Amazon for less than a tenner. They look a bit like a cigarette and an actor can hold them, but they do not have any smoke coming from them. My understanding is that currently the most common prop cigarettes used by actors are cigarettes that contain no nicotine and no tobacco but some herbal items. They produce smoke but are less harmful than a cigarette because they do not contain tobacco, and less addictive because they do not contain nicotine.

The Bill provides for tobacco products to be banned for certain generations of people, and adds herbal smoking products to that ban. Could that inadvertently lead to individual actors and actresses smoking tobacco rather than the less harmful alternative, particularly if there is a price differential between the two? Has the Minister considered how the law will apply to actors and actresses who are born on or after 1 January 2009? Will there be an exemption from the other aspects of the Bill, either allowing them to buy the cigarettes themselves or allowing someone to give them cigarettes as a proxy sale, which would currently be banned under the first part of the Bill? At present, actors may be above the age of 18, but the Bill is intended to be future-proof, so if we roll forwards 15 years or so, when younger actors will be banned from smoking and buying cigarette papers and the like, how does the Minister envisage it working in practice?

Freedom of expression is essential to the arts, but the laws and practices that protect and nurture free expression are often poorly understood by practitioners and those who enforce the law. The question is, then: what is a performer? Section 3(8) of the Health Act 2006 states that “performance” can include

“the performance of a play, or a performance given in connection with the making of a film or television programme, and…if the regulations so provide, include a rehearsal.”

That seems a rather narrow definition of performance. Performance art can cross disciplines such as dance on the stage or on the street. If we go to the south bank, just opposite this House, we can see performers performing solo activities on the weekend. Contract law for those engaged in paid work offers some recognition and potential protection for performance-related work, defines it and outlines the conditions of the performance—it is indeed the performer and not other members of the performance who are included.

To create another hypothetical situation, suppose there is an interactive performance in which the performer on stage requires mass audience participation for their act and suggests that the people in the crowd have to join in with them. Would the artistic integrity of the performance trump the laws that prohibit smoking? The line between performer and audience can be blurred, so if an audience member were invited up on the stage by the performer, would they be allowed to try a cigarette or vape? Proposed new section 7(3) of the Health Act 2006 does not suggest that the performance needs to take place on stage or even in the theatre; some occur outside hospitality venues, as we have discussed.

To give a colourful example, imagine there is a performance called “Smokers”, taking place in a pub in, say, Sleaford, in my constituency. It features performers smoking and chatting in a pub. It is quite an experimental, interactive performance, and the members of the audience —in other words, regular pubgoers—can take part in the performance and light up a cigarette themselves should they wish to. Technically, does this scenario not fall within the remit of the law? We have to bear in mind that the tobacco industry is creative in looking for loopholes. Smoking is required in order to preserve the artistic integrity of this alleged performance. Will the Minister provide clarification on this point? Although my examples may sound inventive, the tobacco industry does come up with inventive ways of circumventing the legislation.

My other point relates to performers who are born after 1 January 2009 smoking or vaping on stage. We need some clarity on that.

[Sarah Bool (South Northamptonshire) (Con)]

To follow on from what the shadow Minister said, the Minister said that performers who smoke during performances would not be a problem because the second-hand passive smoking would not be big enough of an issue. But why can a cigarette be smoked as part of a performance, yet a cigar cannot be smoked once a year by a single person? Why is smoking allowed for this artistic purpose, yet it is not allowed for someone who would like to smoke a cigar recreationally?

[Andrew Gwynne]

This is an existing power, in the Health Act 2006, that we have retained in the Bill at the request of the creative industries in England. I reiterate what I said in opening the debate: the exemption will be available only where smoking is justified to preserve the artistic integrity of a particular performance, so smoking would not be allowed in the hypothetical situations we have heard about. The provision is intended solely to allow the artistic integrity of a performance to be retained.

The shadow Minister asked whether the provision would merely encourage actors to smoke tobacco. Of course, that is not the case. Herbal smoking products are covered under “smoke-free” as well, so they are treated the same.

Tobacco and Vapes Bill (Twelfth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Sarah Bool]

That is a possibility. It always depends on the terms of the contract itself, but in theory they could agree a 10 or 15-year contract and sponsorship deal. It is interesting that this could be one of the overhangs that we see, so we have to be aware of it going forward.

[Andrew Gwynne]

The clauses make it an offence for a person to be involved with a sponsorship agreement where the purpose is to promote in the course of business tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products. Anyone convicted of an offence under the provisions may be subject to imprisonment, a fine, or both. Tobacco sponsorship is currently banned under the Tobacco Advertising and Promotion Act 2002. There is a long-standing, well-established relationship between tobacco advertising and tobacco consumption.

Clause 124 restates the current position for a person involved in the sponsorship of a tobacco product. We are consolidating existing tobacco legislation in the Bill to provide a coherent narrative for readers, rather than have it spread over lots of different pieces of legislation. A large part of the Bill brings the legislation into one place, so that from Royal Assent onwards, the go-to place for anybody with any questions about tobacco control will be this piece of legislation, rather than it being dispersed across different Acts of Parliament.

Tobacco sponsorship is already banned, but importantly, the Bill expands the offence to include herbal smoking products, cigarette papers, vaping and nicotine products. The restriction will mean that vaping and other nicotine product companies will, for example, not be permitted to sponsor sports teams, which is something that we have seen in recent years. It might upset the hon. Member for Windsor, but I have to say that not a single child should ever be able to look up at their favourite sports stars—people who should be role models—and see them covered in branding for products that are harmful and addictive. That is the point here.

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[Andrew Gwynne]

The hon. Lady raises an interesting point; I will take that away and look at it. Perhaps with the exception of the hon. Member for Windsor, everyone on the Committee agrees that we do not want our footballers, rugby stars or athletes to be emblazoned with adverts for vaping products, so the more we can do to tighten up the legislation further, the better.

I will just politely correct the hon. Member for Windsor that the term for someone from the historic County Palatine—including yourself, Mr Dowd—is a Lancastrian. My late father was the Lancashire cricket correspondent, first for Cricket Call, which was a BT paid-for service, and then for BBC North West. He was there in 1990 when Lancashire won both the NatWest and Benson & Hedges cup finals—the double at Lord’s. I still have copies of my late father’s book, “Double Delight”. I would say that they are available at all good booksellers, but they are available from me if the hon. Gentleman wants one.

The hon. Member for Windsor made an important point. I had just come out of secondary school in 1990, which shows how long ago it was, but it was pretty commonplace for tobacco companies to advertise at major sporting events like Lancashire cricket matches and others. The fact is that that was a long time ago, and things have changed for the better. The Benson & Hedges cup final, in cricket of all games, is a thing of the past. Hopefully, at some stage in the near future, we will look back at vape sponsorship of football clubs as a thing of the past, because that is where it deserves to be.

[Sarah Bool]

This is just off the top of my head, but on a technical point about clause 125(1), in terms of vape sponsorship, a person will be guilty of an offence only after the provision comes into force. I appreciate that there is the two months, but they also have the window of time while the Bill goes through Parliament, so they potentially have a couple more months for that.

I do wonder about how this is going to work in practice, because, in theory, a company that is offering sponsorship—if they enter into that agreement now—will not be in trouble for the next couple of years for doing that, yet under preceding clauses anyone who designed or printed material for any of those sponsorship deals would be guilty of an offence. We suddenly have a position where, potentially, the sponsors themselves are not guilty of an offence while the actual designers, and those who are publishing the sponsorship material, are. That is an interesting nuance.

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[Andrew Gwynne]

The shadow Minister is right. There will be a narrow window in which that will be possible—[Interruption.] She asks why, and it is because once the Bill receives Royal Assent, it will bring in a two-month window. That is how the law is shaped, to give us the scope to get these measures right and ensure that we make the framework as watertight as my hon. Friend the Member for Cardiff West wants. We believe that that is the proportionate way forward. We cannot make retrospective decisions; if contractual arrangements are under way at Royal Assent, an immediate cut-off could leave the Government open to challenge.

[Sarah Bool]

I understand that two-month period, but does it also apply to the earlier provisions on the creation of offences relating to publication? If we had some alignment there, neither party could potentially be in breach. That is merely a technical point, however.

The other point—perhaps for when the Minister goes back to the Department—is about force majeure, which the hon. Member for Cardiff West mentioned and which I would like more investigation into. Force majeure concerns acts of God, or something unexpected. I think lawyers would argue that a Government Bill was expected and foreseen, so there would have to be some other form of break clause or right. This debate is getting far too technical for this forum, but it is perhaps something that the Minister can take away.

[Andrew Gwynne]

As I said to my hon. Friend the Member for Cardiff West, we will take all this away and look at it in detail, and we will come back to Members. I am just about legally savvy enough to understand the point that the hon. Lady is making that a break clause or something like it would probably be required, because the coming into law of the Tobacco and Vapes Bill on Royal Assent is expected—it is not an act of God, and it will not come as a complete shock and surprise.

Finally, clause 133 allows us to extend all of part 6 to cover devices that enable a

“tobacco product to be consumed”

or

“an item which is intended to form part of such a device”,

but that are not in the Bill.

Tobacco and Vapes Bill (Tenth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Sarah Bool]

My hon. Friend makes a very powerful and valid point. I would like the Minister to address how we are going to tackle the issue online. If someone cannot go into a physical shop, going online is the next alternative, and we want to ensure that we protect our young ones as much as possible.

I want to highlight one other point from Cancer Research. It said that it is also important that the legislation future-proofs against the use of bright coloured lights or similar displays that could appeal to young people. Again, we need to be careful of that. As has been said, manufacturers are often very good at finding their way around these regulations, so we do not want to make the products attractive in another vein.

My second point focuses on clause 90(3)(b), which says that provisions may be made about

“the information provided on packaging or otherwise supplied with a product”.

We had some evidence submitted from the North East Public Protection Partnership, which is a regional partner-ship that brings together chief officers of 12 local authorities in the north-east, representing environmental health, trading standards and licensing services. The partner- ship is in support of the measure, but believes that certain requirements should be put on packaging itself—it thinks that inserts in the packaging should be regulated. I have learnt, as I have not come across them often before, that inserts are used internationally, in Canada and Israel. They are proven to encourage people to give up smoking when they are placed inside the packaging. They usually contain positive messages to encourage people to quit—for example, by going into detail about improved breathing within a matter of days of quitting or the 50% reduction in the risk of heart attacks within a year, or by detailing how much money a smoker is likely to save.

The North East Public Protection Partnership believes that there should be specific regulations around the inserts and the packaging, setting out the type and size of font, the colour, the layout, and dimensions. It thinks that the specific information to use on packaging should be defined and that the information provided on where to seek more help to quit should also be included. It also says it is essential to set a date for suppliers for when packaging must appear on the UK market and that the penalties on manufacturers for non-compliance should be set out.

The partnership also said:

“The Government will need to liaise with Trading Standards in order to ensure that the appropriate offence, or offences, are included in regulations on pack inserts. We would recommend an offence is included which relates to the sale or supply of a tobacco product without the correct insert, so that Trading Standards can take enforcement action against the person selling. An example of this includes the Tobacco and Related Products Regulations 2016 where there is an offence to produce as well as supply product in breach of regulations.”

Finally, it adds:

“Health messaging should be on the outside of all tobacco, nicotine and vape products.”

My final question to the Minister is: have he and his Department turned their mind to inserts, what they might contain, and the role they could play in future?

[Andrew Gwynne]

We have had a good debate on clause 90—that is all we are up to.

To answer why this is an issue, unlike standardised cigarette packaging, vape packaging can—as we have already heard—come in many different colours, styles, and shapes. The previous call for evidence that the shadow Minister referred to showed that this increases the appeal of vapes to children, and it can encourage them to start vaping. That is what we want to crack down on with this clause.

A number of Members have asked why we are extending the provisions, given that tobacco packaging is already standardised. Only cigarettes and hand-rolled tobacco are subject to the most stringent regulations. This includes standardised packaging, specified packet shape, amount within packs, material, colour and appearance requirements, and so on. In England, around five times more people smoke other tobacco products, such as cigars, than a decade ago. There has been an increase in that consumption and we are committed to addressing this, which is why we are extending the measures to other tobacco products.

In terms of requiring dissuasive messages, of course, these are things that we can look at in the future—it is not something that we are looking at now. We will be mandating pack inserts for cigarettes and hand-rolled tobacco packaging, and we will be running a call for evidence on standardising the packaging of all other products. The shadow Minister, the hon. Member for Sleaford and North Hykeham, asked whether the Secretary of State or Ministers will use the powers. We are coming to Parliament with this landmark Tobacco and Vapes Bill, as we committed to in our manifesto, precisely because we want to use these powers. We are seeking these powers. The Scottish Ministers, the Welsh Ministers, and the Northern Ireland Minister are seeking these powers precisely because we all want to use them to tackle the scourge of youth vaping and move our country to smokefree 2030. Our manifesto committed to stopping vapes being branded to appeal to children, and the Bill provides new regulation-making powers to make this commitment a reality.

As has been alluded to, Members have asked over the course of our deliberations why the restrictions are not on the face of the Bill. In particular, the shadow Minister has gone into the level of detail that we will go into when the regulations are brought before the House, following consultation. My answer is that the technical and detailed nature of the requirements means that they are not suitable to be put on the face of the Bill. We might need to amend the requirements in response to future developments in the market, and scientific knowledge and evidence may change, which means that we will have to react where appropriate. It might also be necessary to gather further evidence post-implementation—this is precisely the point that the hon. Member for Farnham and Bordon made about ensuring that everything is evidence-based, that the data is there and that we scrutinise it, rightly. We may well come to decide that our regulations are the wrong regulations, or that they were the right regulations three years ago, but now need to be changed. That is the why the powers in the Bill are permissive.

It is also important to gather information about the effectiveness of the packaging regulations, to see whether they have indeed discouraged youth vaping. All the evidence from other jurisdictions that do this suggests that they will; however, we need to ensure that the evidence is relevant to the United Kingdom. We will also need to keep a close eye on what happens to adult vapers, particularly those who want to stop smoking, and whether vapes remain accessible to adults who are trying to quit smoking, which is something we need to be clear about.

To be clear, the requirements for vape packaging are yet to be determined, as I said in an intervention on the shadow Minister. The proposed restrictions will be subject to consultation, to ensure that any unintended consequences on adult smoking rates are considered. Research suggests that neutral packaging can remove appeal to youth without being dissuasive to adult smokers—the point made in the information from Cancer Research UK, which the hon. Member for South Northamptonshire rightly raised. Further analysis and consultation will take place before any regulations are made, because we absolutely want to get this right.

It is crucial that we do not rush into this, but have measures that are proportionate and workable, and that there are no unintended consequences. That is why there will be a transition period for businesses before any new regulations come into force, and the length of the transition will be considered as part of the consultation process. This is a balance to be struck between acting quickly to curb youth vaping and carefully considering unintended consequences on smoking rates, in order to ensure the most impactful change possible. That is why we have included a statutory duty to consult, to ensure that the relevant stakeholders are engaged, and to consider their responses and insights as regulations are developed.

Of course, we will provide more information about the timeline for our secondary regulation programme once we have Royal Assent, but let me make it clear to all members of the Committee that it is our intention to move at pace. We want to use these powers, so we want to make sure that, once the Bill becomes law, we start the process of getting the relevant regulations in place, especially for smokefree, because although many of the measures in the Bill will come into force on 1 January 2027, some regulations might be done beyond that date. We will have a lot of work to do in secondary legislation, to get the measures in the Bill—which we hope will all be approved in the course of our deliberations prior to Royal Assent—so that we can hit the ground running and get to 1 January 2027 smoke-free.

--- Later in debate ---

[Sarah Bool]

I agree. I think the hon. Member makes a valid point. It is part of the bigger discussion that we have to have, with the ability to be a bit more agile in how we actually decide, because I do not want us to take the wrong approach and have unintended consequences.

Again, that goes to another point that the shadow Minister raised, about what flavours are potentially harmful in themselves. The hon. Member for Cardiff West is right and I take his point about flavours such as bubble gum entirely, but apparently even cinnamon, vanilla and butter are toxic. They are fine for us to eat —butter in moderation, of course—but inhaling them is a different matter. I think it will be very interesting to see what combinations are used and what the impact is, because, apparently, if certain flavours and chemicals are combined, that can actually be even more toxic than before. That is something that the regulations, and some of the research, will have to look into for us.

Interestingly, the Royal College of Physicians also gave its view on this topic in the written evidence. That was along similar lines but slightly different. It says:

“While we know flavours can attract young people to vaping, the use of flavours by adults trying to quit smoking is an integral part of the effectiveness of vaping as a quit aid. We know that many adult smokers report wanting to move away from the taste of tobacco. Other nicotine replacement therapy…products, such as gums and lozenges, also have fruit flavours. The RCP supports limiting the number of flavours available and recommends restricting flavour descriptors. Bland descriptors, alongside limiting the number of flavours and removing those most popular with young people non-smokers from vaping without the unintended consequences of perpetuating smoking for adults.”

I agree with the points that have been made, but I think that we have to be careful about how we decide which flavours are used and their range. I take the point that we often want to move people away from tobacco, because a tobacco-flavoured vape is not pleasant, or so I am told, but my concern is that, if someone do not necessarily have a tobacco-flavoured vape, then with something as nice as peach and mango—which a vaper I know really likes—people will actually vape more than they ever smoked because it is tastier for them. I think we will really have to look into that as well.

I would also like some further clarity from the Minister on clause 92(3) and the clause what regulations the Department is currently thinking about, particularly when it comes to the imports of any of these vaping products.

Finally, subsection (4) that that there will be

“provision for a determination to be made by a person authorised for the purpose by the Secretary of State”

to make the decision on the flavours. Who is in mind to be given those powers? A bit more clarity on that would be much appreciated.

[Andrew Gwynne]

Let me start with the point made by the hon. Member for South Northamptonshire on the need for agility. I have argued in respect to a number of clauses that we have to be agile. That is why the Bill is permissive in nature. It grants powers to Ministers to consult and bring forward secondary legislation at further stages. It also allows Ministers to amend the regulations, if set, or to introduce new ones if not at a future date, without having to go back through the primary legislation processes, to make the Bill always fit for purpose and for the future.

That is the case in clause 92. As I said in opening, we recognise that vape flavours are an important consideration for adult smokers seeking to quit smoking. To avoid unintended consequences on adult smoking rates, the scope and impact of any future restrictions will have to be carefully considered by Parliament, following consultation, in secondary legislation. We will consult further on any regulations on flavours before they are laid in Parliament. This is really important—I can assure Members that we are not saying here and now what the changes are likely to be. We want them to be considered based on the evidence and consultation, because we want to get the balance right between preventing youth vaping and not having the unintended consequence of pushing people away from vapes as a smoking cessation tool, thereby missing our ambition for Smokefree 2030.

--- Later in debate ---

[Sarah Bool]

The Minister is making a powerful point. I was concerned about the idea that an influencer might be able to publish an image of a retail packet that is not compliant. At the moment, there are no restrictions, especially if they are abroad. Obviously, some of the influencers with the biggest followings are outside the UK, and I am therefore not sure how we ensure compliance, other than by doing what X does with community notes that pop up. I think there will have to be a discussion with Instagram and some of the other companies, because they are making money out of it. Indirectly, I think the Bill does catch this issue, but I thank the Minister for his clarity.

[Andrew Gwynne]

Again, that is the beauty of the permissive nature of this Bill. Where loopholes are being exploited, Ministers will be able to come back to Parliament with a simple piece of secondary legislation, through a Delegated Legislation Committee. The shadow Minister said that secondary legislation does not quite get the scrutiny of a Bill, but it does get up to 90 minutes —I am sure she would find it easy enough to fill that. There is therefore scrutiny of secondary legislation.

We are very aware of this issue, which is why I have signed off the anti-youth vaping campaign on TikTok, which will hopefully be going out fairly soon.

Tobacco and Vapes Bill (Seventh sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sarah Bool]

My hon. Friend makes a valid point. We do not want the introduction of this legislation to lead to any overburdening. We do not want the smaller convenience stores that are trying to operate to be challenged and put out of business. We want this to be a very practical measure so I agree that would be something to look into. I wonder whether the Minister might offer any further thoughts on that.

[Andrew Gwynne]

I thank Members for their contributions.

Clauses 16 to 22, clause 85, and schedules 1 to 4 and 11 to 13 establish powers for Ministers in England, Wales and Northern Ireland to introduce a licensing scheme for the retail sale of tobacco, vaping products, nicotine products, cigarette papers and herbal smoking products. There is currently no requirement for a business to obtain a licence to sell these products, which is a major gap in enforcement. This gap is hard to defend since the sale of products such as alcohol does require a licence, while tobacco—the single biggest preventable cause of death, disability and ill health—does not. Vaping and nicotine products also carry, as we have heard, a significant risk of harm and addiction.

Introducing a licensing scheme will strengthen enforcement of the law, acting as a deterrent to rogue retailers who breach sales regulations, supporting legitimate businesses and ultimately supporting public health outcomes. Retail licensing is a highly popular intervention, as the shadow Minister helpfully pointed out, because the polling shows that 81% of retailers and 83% of the public are supportive of tobacco retail licensing, and it is one of the most popular tobacco interventions surveyed.

Clause 16 establishes that an individual in England is required to hold a personal licence in order to sell tobacco, vaping products or nicotine products, expose those products for sale, and possess products for sale. The clause also establishes that a person must have a premises licence for any premises in England used for the storage, exposure or supply of a relevant product to a retail customer.

The clause provides for a discretionary power for the Secretary of State to make exceptions by regulations to the requirements for a personal or premises licence. This will enable regulations to appropriately account for all possible types of retail. The Secretary of State in England must, by regulations, make provisions for how licences are to be granted and must conduct a consultation before regulations are introduced. The scheme will be commenced by regulations.

I hope that in part answers the question posed by the hon. Member for Farnham and Bordon, because we want to ensure that the licensing regime is fit for purpose not just for bricks and mortar businesses, but for online business.

Tobacco and Vapes Bill (Eighth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sarah Bool]

I think that is what they would do. If they did not step in at that point, any financing or any bank that had a mortgage over the property would certainly be looking to do that—to try to clear out the property and make sure that it is free to be used thereafter. It may seem like a technicality, but I can foresee this point as one that will be wrangled over for many years to come.

[The Parliamentary Under-Secretary of State for Health and Social Care (Andrew Gwynne)]

It is a pleasure to serve under your chairmanship, Mr Dowd.

This group of clauses relates to restricted premises orders. These are existing measures that local authority trading standards in England and Wales can use when dealing with a retailer that persistently breaches the age of sale and vending machine restrictions for tobacco products, herbal smoking products, cigarette papers, vapes and nicotine products. The clauses are based on and replace existing legislation.

A restricted premises order is an important enforcement mechanism for tackling persistent offenders. A persistent offender is someone who has committed an under-age sale of cigarette papers, tobacco, herbal smoking, vaping or nicotine products or has committed the offence of selling from a vending machine, at least twice within the previous two years. The person who brought the proceedings for the sales offence makes a complaint to a magistrates court to apply for a restricted premises order in respect of the premises where the offence was committed.

Clause 24 requires notice to be given to people who might have an interest in a restricted premises order being made in England and Wales, and sets out situations where an interested person might challenge a restricted premises order. An interested person is the occupier of the premises or someone who has an interest in it, such as the manager or owner. The clause sets out the circumstances in which notice should be given to an interested person where a restricted premises order is being applied for. Interested persons are allowed to make representations to the court to try to prevent a restricted premises order from being issued, or at least to try to vary it. This is a safeguard so that suitable steps are taken before a restricted premises order is made, and to maintain fairness so that a relevant person is informed of an impending restricted premises order.

Clause 25 provides those in receipt of a restricted premises order in England and Wales with the ability to appeal to a Crown court. This is important to the function of enforcement in the Bill as it enables businesses to appeal against a restricted premises order, such as where they feel they have a case that the order has been inappropriately or unfairly issued. This provision maintains the fairness of the enforcement regime in the Bill.

Clause 26 makes it an offence to breach a restricted premises order in England and Wales. The offence is committed when a tobacco, herbal smoking product, cigarette paper, vaping or nicotine product whose sale is prohibited under a restricted premises order is sold on the premises. The offence occurs if a person knew or ought reasonably to have known that the sale was in breach of the order. It also provides a defence for the person charged, where they prove that they took all reasonable steps to avoid a committing the offence. Making it an offence to breach a restricted premises order gives local authority trading standards the ability to escalate action to tackle persistent offenders. The severe penalty of an unlimited fine can act as a deterrent.

Finally, Clause 27 provides Welsh Ministers with the power to add to the offences for which restricted premises orders can be issued, in addition to what is already prescribed in the Bill. Offences added must be in relation to tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products only. This re-enacts an existing power for Welsh Ministers, who must consult before making regulations under this power. The clause is therefore important as it maintains existing powers that enable legislation in Wales to be kept up to date to ensure that restricted premises orders can continue to be used as an effective enforcement tool.

Tobacco and Vapes Bill (Fifth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Andrew Gwynne]

I am grateful to the shadow Minister for that. We will come on to those issues in more detail when we eventually reach those clauses, which given the rate of progress so far may be in the early hours of tomorrow morning, if Members decide so. The only reason why such paraphernalia is on display and legally sold is to consume tobacco, but we will get more information on that for her when we get to clause 45, which covers that issue.

I was talking about the Windsor framework. We believe that this policy is in accordance with our international obligations. In terms of what products are in scope, the Bill captures all tobacco products, including shisha, cigars and heated tobacco. That is because all tobacco products are harmful. There is no safe level of tobacco consumption. For example, tobacco smoke from cigars leads to the same types of disease as the smoke from cigarettes. In England alone, around five times as many people smoke other tobacco products, such as cigars, as did a decade ago, and children are a part of that increase. Shisha, to which the hon. Member for Windsor referred, also causes the same diseases as cigarettes, including cancer, respiratory diseases and cardiovascular diseases. The volume of smoke produced in the average 45-minute shisha session is estimated to be the same as around 25 cigarettes’-worth of tar, 11 cigarettes’-worth of carbon monoxide and two cigarettes’-worth of nicotine.

Finally, there is clear evidence about the toxicity of heated tobacco. The aerosol generated by heated tobacco also contains carcinogens, and there will be some risk to the health of anyone using those products. The crucial point is that, unlike with vapes, there is no evidence that heated tobacco supports smoking cessation. We must ensure that the Bill is future-proofed to include new or novel products, such as heated tobacco, to protect the public from the harms of tobacco use.

Although cigarettes are the most used form of tobacco, we do not want to create loopholes in the Bill so that the tobacco industry can pivot and continue addicting people to tobacco. As I said previously, the issue is about saying, “The market share you’ve got now is it. We are stopping the conveyor belt.” As we know, if we block one road, the tobacco industry finds another route through. We are making sure that the Bill is as watertight and future-proof as possible so that the tobacco industry can no longer continue to trade with another product that harms and addicts future generations.

[Sarah Bool (South Northamptonshire) (Con)]

I want to look specifically at clause 1(3), which relates to identity documents. In the previous sitting, the Minister said that he would have powers to change the list of identity documents; I think he was referring to clause 46. But at the moment the definition of identity documents is very tight; only the six listed are permitted. My hon. Friend the shadow Minister mentioned veterans cards, and this would be an ample opportunity to include those, as was the intention, because the definition is very strict—people will be able to use only the listed documents.

A further question that has been raised is that the list rules out digital forms of identification, as those listed are physical. I want to understand how retailers can best enforce the measures in practice.

[Andrew Gwynne]

I do not want to go over the arguments that I have already put to the Committee in an earlier sitting, but there is an ability to use other forms of identification, as I set out. We will be working with the retail industry during the long lead-in time to get in place procedures that retailers are confident with. They will be able to ask for veterans cards, for example.

[Sarah Bool]

rose—

[Andrew Gwynne]

Can the hon. Lady let me finish answering the point she put to me? In fact, I have now forgotten the point she put to me—[Laughter.]

[Sarah Bool]

I was talking from a legal perspective. Clause 1(3) is about what “identity document” means, which obviously means that those listed are the six that people are allowed to use. I take the point that later the Minister could introduce regulations to allow for veterans cards, but legally a retailer’s defence would have to be that they were shown what appeared to be an identity document, which means:

“(a) a passport,

(b) a UK driving licence,

(c) a driving licence issued by any of the Channel Islands or the Isle of Man,

(d) a European Union photocard driving licence, or

(e) an identity card issued by the Proof of Age Standards Scheme”.

The clause is very specific. Whatever the intention, the retailer would not technically be able to use having been shown a veterans card as a defence. Hence I am asking whether we should consider the issue at this point, rather than relying on the regulations mentioned in clause 46.

[Andrew Gwynne]

I stand by what I have already said. The intention is to work with the retail industry during the long lead-in time to get the mechanisms in place that allow them to adequately enforce the measures in the Bill. We do not want to get this wrong. I politely say to the hon. Lady, however, that in the first instance it is highly unlikely that a veteran born before 1 January 2009 will seek to purchase cigarettes or other tobacco products and be queried about their age. I will take on board what has been said and, if what I said earlier is incorrect, we can perhaps come back to the issue.

I want to come back to tobacco products because the point is crucial. We want to ensure that the tobacco industry has that conveyor belt cut-off. It is therefore rational for all the products that I have mentioned to be included in the smoke-free generation legislation. That will prevent anyone from taking up use of the products in the first place.

As I stated in my opening speech, I am grateful to the hon. Member for Windsor for bringing the discussion before the Committee, but while I appreciate his intention, it is not something the Government support. In relation to the amendments, I say to the Committee that the Government do not believe it is appropriate to establish a more lenient penalty regime for the offences, or to introduce a mandatory age-verification policy.

The clause seeks to change the age of sale for tobacco products, herbal smoking products and cigarette papers in England, Wales, Scotland and Northern Ireland so that no one born on or after 1 January 2009 will legally be sold those products. The Bill will be the biggest public health intervention in a generation, breaking the cycle of addiction and disadvantage, and putting us on track towards a smoke-free UK. For those reasons, I commend the clause to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

--- Later in debate ---

[Sarah Bool]

I am concerned about whether we are accidentally and inadvertently creating a loophole here. If we are not going to ban someone from breaking down a cigarette packet and selling it, that is the way they will go about doing it. We should be going for consistency and tightness on this. I appreciate that that is the law as it stands, which is why we have applied it, but have we had the foresight to ensure that we do not create a loophole? It seems quite possible that we have.

[Andrew Gwynne]

If the hon. Lady is not talking about retailers breaking up packets, which is illegal, she is talking, effectively, about proxy purchasing—an adult buying tobacco products for children, splitting up the packet and selling those products on. It is already an offence for those children to get cigarettes—whether a full packet or part of a packet—even if they are not from retailers. It is proxy purchasing, and we have already covered that.

The shadow Minister raised the issue of messaging on individual cigarettes. I am not sure whether she was under the misapprehension that it is not covered in the Bill. The Bill restates the existing power to make regulations on the appearance of tobacco products, including cigarette sticks. Not only that, but it goes further by extending the power to other products, including cigarette papers. Although we do not plan to introduce dissuasive cigarettes at this time, as we believe we already have strong health warnings in the existing measures, we will continue to monitor the situation. We do leave an open door to it, and the powers are there. We will, however, mandate pack inserts into cigarette packs. We believe that that is proportionate at this time, while not closing the door to going further.

Lastly, the shadow Minister noted that, in some cases, fines are consistent across the United Kingdom, but that, in others, there are differences. I am afraid that that is the result of the devolution settlement. We have built into the Bill the ability for all four nations to walk together on making our country smoke-free, but the levels at which fines are levied are entirely a matter for the devolved Administrations. That is why there is sometimes an inconsistency in fine levels.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Age of sale notice at point of sale: England

Question proposed, That the clause stand part of the Bill.

Tobacco and Vapes Bill (Sixth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Sarah Bool (South Northamptonshire) (Con)]

I want to follow up on the points made on clause 5(3) and clause 6(3) in particular. Both specify that

“The notice must be displayed in a prominent position”.

I agree with many of the points my hon. Friend the Member for Windsor made about what that means in practice. In the information pack that we have been given, there is a quote from the Scottish Grocers’ Federation, which I want to read for the record. It explicitly states:

“In most convenience stores, space is at a premium and the suggested wording set out in UK Government proposals will require a significant surface area in order to be legible and accessible to all customers. The complexity of a moving ban will require very clear public messaging. Appropriate and mandatory signage is essential for good practice and the sale of age restricted items, SGF is concerned that multiple messages throughout the store relating to various product ranges and items could potentially create confusion and lead to challenging interactions between customers and staff.”

To protect our retailers, we must ensure that we enforce these regulations correctly. When making the regulations, the Secretary of State should take into account the voice of the retailers.

[The Parliamentary Under-Secretary of State for Health and Social Care (Andrew Gwynne)]

It is a pleasure to serve under your chairmanship, Sir Mark. In responding to points that have been made, I want first to reiterate that these two clauses do not relate to enforcement; they concern the nature of the signage that will be required to be displayed. We can come to those other matters later in the Bill’s proceedings. I remind Opposition Members of what has been said in previous debates: we will use the very long lead-in time to engage fully with the retail sector to ensure that we get the delivery in shops right and to ensure that the Bill’s provisions can be implemented without any hiccups.

I also reiterate that we abhor any violence and abuse towards retail staff—or anybody else—and it is the intention of this Labour Government to introduce a new offence in this respect. Given the comments that have rightly been made in the course of this and earlier debates, I hope that it will command full support from all parts of the House.

The hon. Member for Windsor asked what is meant by “negative resolution procedure”. It is the procedure for the statutory instrument that will be have to be made to introduce these regulations. The fact that it is “negative” means purely that it will not require a parliamentary debate. It will be done through the usual secondary legislation processes.

There were questions about the nature of the clauses relating to different parts of the United Kingdom, and why we are approaching this with slightly different methods. I must say politely—particularly to the shadow Minister—that we have to respect the devolution settlement. These matters are entirely within the legislative competence of the devolved Administrations. Some things remain reserved for the UK Government, but for a lot of the measures in the Bill, the legislative competence rests with the devolved Administrations and their Parliaments.

--- Later in debate ---

[Andrew Gwynne]

I am grateful to my hon. Friend for that. This debate will not stop here at Committee stage; I am almost certain it will be raised on Report. If it is not concluded to the satisfaction of those who wish to see such provisions in the Bill, I have no doubt that it will be raised in the other place, too.

However, it is really important that we do not end up with unintended consequences. We have to get this legislation right. The smoking cessation services available are far-reaching in these settings, and I see no reason for an exemption, given that nicotine replacement therapies such as gums, patches, inhalers—important medicines—will still be still be available to patients with a nicotine addiction in mental health settings. It is for that reason that I ask the hon. Member for South Northamptonshire to withdraw her amendment.

[Sarah Bool]

I would like to press my amendment to a Division.

Question put, That the amendment be made.

Tobacco and Vapes Bill (Fourth sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Thursday 9th January 2025 Public Bill Committees

[Sarah Bool]

Once one has turned 66, that person does not have to confirm their age each and every couple of days or necessarily carry ID to claim their state pension—it is noted on the record, and that is that. Here, potentially, however, if we have an outright ban from 1 January 2009, whenever someone tries to buy a cigarette, after 2034 retailers will have to ask on every single occasion how old they are, for fear of a fine.

I agree that we already have the age 25 verification, but it is safe to assume that people reach an age when they do not have to prove it. I find it incredibly flattering when I do get IDed, but we all reach a point when we do not need it. In the Bill, however, we do. It might seem to be a quick check—one simply looks at the date of 1 January 2009—but we can foresee that being troublesome for retailers. Also, we very much have to bear in mind the issue of the abuse of staff and, as British retailers have mentioned, the increased financial and administrative burden, in particular for smaller shops, which is often where vapes and tobacco are sold. That will have a big impact on their businesses.

Indirectly, a potential effect is the introduction of legal inequalities and giving sanction to age discrimination by creating a create a class of under-aged adults. Furthermore, a point I would like to stress is that, as a lawyer, one of my main concerns is enforceability. I do not disagree with the principle of the next generation being smoke-free—I think that is admirable and important—but I want to ensure that we pass a piece of legislation that will work in practice. We have to think about how this will work in due course, even if in 10 years’ time. That is something I wanted to put on the record.

[The Parliamentary Under-Secretary of State for Health and Social Care (Andrew Gwynne)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I am also grateful to the shadow Minister, the hon. Member for Sleaford and North Hykeham, for bringing this discussion before the Committee today.

These Liberal Democrat-tabled amendments would make it an offence to sell tobacco products, herbal smoking products or cigarette papers to a person under the age of 25, rather than to anyone born on or after 1 January 2009. The amendments also seek to change the age-of-sale notices to align with the change in the age of sale, which is why there are so many consequential amendments.

This group of amendments also includes amendments 29 and 30, which cover proxy sale of tobacco products in Scotland. To save time, I assure the Committee that, instead of now, I will discuss those particular issues during the clause 2 debate, which I hope will begin shortly, as that relates directly to the points in that group on proxy sales, rather than to age of sale.

As we heard from our expert witnesses during oral evidence, smoking is the No. 1 preventable cause of death, of disability and of ill health: it claims about 80,000 deaths a year across the United Kingdom; it causes one in four of all cancer deaths and it kills, as the shadow Minister rightly pointed out, two thirds of its long-term users. I say to the hon. Member for Windsor that there is no liberty whatever in addiction. We seek to ensure that the next generation is never addicted to tobacco products in the way that the current generation and previous generations have been. That is the real freedom here: the freedom not to be addicted to a product that, frankly, would not be allowed were it invented today.

Tobacco and Vapes Bill (Second sitting)

Debate between Andrew Gwynne and Sarah Bool

Committee stage
Tuesday 7th January 2025 Public Bill Committees

[Andrew Gwynne]

Q Finally from me, in the previous iteration of this Bill, the fixed penalty notices were to be set at £100. There was criticism and concern from trading standards representatives, who advocated for increasing the value of the fixed penalty notice. Notwithstanding your answer to the shadow Minister’s question, do you think that doubling the fixed penalty notice to £200 strikes a better balance?

Lord Michael Bichard: Yes, I think we feel that. You might also consider an increase for second offenders before you move to prosecution. I do not think anyone wants to move to prosecution, because it is such a time-intensive process. I know we have limited time, but one thing we have not talked about is retailers. We also ought to be concerned about the online market—or rather, you should be concerned, as we are. It is a difficulty for us and for local authorities, because no single local authority thinks it should be responsible for enforcing legislation in an online marketplace.

We have a solution to that, which is that we have a lead authority that we think could deal with this and avoid the problem with individual local authorities. I think that will become an increasingly important element of the vape marketplace.

[Sarah Bool (South Northamptonshire) (Con)]

Q To build on a point my hon. Friend the Member for Sleaford and North Hykeham made a moment ago, the Scottish Grocers’ Federation has indicated in some of the information it sent to us that, in its latest crime report, the most prevalent cause of threatening behaviour in stores is the refusal of sale and asking for proof of age. I am concerned about that rise in retail crime and what more can be done. I know that the education piece is needed, but is any thought being given to how we can further prevent some of these problems?

Lord Michael Bichard: It seems to me that it is now such a part of life that it is not as big a problem as it was; I think it is a problem that will diminish.

Wendy Martin: Certainly the retail violence is of concern and has been well publicised. It is clearly a policing issue rather than a trading standards issue. I guess it needs activity to make sure that everyone understands what is being done and why it is being done, and to make sure that there is a policing response, if possible, where there are issues. I know that local authorities work through community safety partnerships and things like that in local areas if there are particular incidents. Again, it is not specifically a trading standards response, but local authorities and local police forces will work together to do their best to address these things, because nobody wants anyone to be threatened with violence.