Tobacco and Vapes Bill

Baroness Merron Excerpts

Consideration of Commons amendments and / or reasons
Monday 20th April 2026 Lords Chamber

Moved by

[Baroness Merron]

That this House do agree with the Commons in their Amendments 28A, 28B, 28C, 29A, 29B and 29C.

28A: Clause 43, page 22, line 9, leave out “Section 37 has” and insert “Sections 37 and (Fixed penalty notices: Wales) have”

--- Later in debate ---

29C: Clause 44, page 22, line 36, leave out “section 38 has effect as if it” and insert “sections 38 and (Fixed penalties in Wales: use of proceeds) have effect as if they each”

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Baroness Merron) (Lab)]

My Lords, Amendments 28A, 28B, 28C, 29B and 29C were tabled by the Government in the other place to correct an error arising from amendments made in your Lordships’ House on Report. Without these amendments, trading standards officers in Wales would lose the ability to issue certain fixed penalty notices for the existing offence of proxy purchasing for a short period of time. The error would also have prevented trading standards in Wales from being able to issue fixed penalty notices for the sale of tobacco to those under the age of 18 before the smoke-free generation policy takes effect on 1 January 2027. This is in contrast to England where trading standards will be able to issue fixed penalty notices for these offences. This was obviously an unintended error and, if left unresolved, would have created a difference between the enforcement regimes in England and Wales. I am pleased therefore that we have been able to resolve the issue with these six narrow amendments, and I hope noble Lords will be supportive in their considerations. I beg to move.

[Lord Naseby (Con)]

My Lords, I understand the background, having been involved in the early stages of the Bill. Nevertheless, it upsets a great many people in that industry that the Government have not listened to the strong representations of the retailers and those who have knowledge of the industry. We have a situation now where we have a £200 penalty, which is huge by any yardstick, for the revised incidences. We are expecting a new Welsh Government fairly soon, and they may not be too happy with what has now been amended. However, I will say no more than that I think the time will come when the present Government and—I am sorry to say—those on my own side who believe in this idea as a whole will accept that it is totally out of date in relation to what is happening in the world. What we really need is a proper understanding of how we educate people not to take up smoking.

[Lord Kamall (Con)]

My Lords, I should be clear that, given this Motion brings forward an amendment that corrects a technical error and the Government have explained their rationale, we will not oppose it.

[Baroness Merron (Lab)]

My Lords, I again thank your Lordships’ House for its attentive scrutiny throughout the passage of the Bill. I pay tribute to the Front Benches and to noble Lords on all sides of the House.

I say to the noble Lord, Lord Naseby, that, as I have explained and his own Front Bench has confirmed, these are purely technical amendments to make this area of the Bill workable. It is a matter that had much debate. I assure the noble Lord, as I have done on a number of occasions, that we have worked closely with retailers and will continue to do so. I appreciate that he is not a supporter of the Bill, and it is on that point that I differ with him.

I urge all noble Lords to accept these amendments and note that this afternoon marks the end of the Bill’s journey through Parliament. This is a landmark Bill that will create a smoke-free generation, and it will be the biggest public health intervention in a generation. I assure all noble Lords that it will save lives. I commend it to the House.

Motion A agreed.