Tobacco and Vapes Bill

Bob Blackman Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

May I declare my interest as a former chair, for nine years, of the all-party parliamentary group on smoking and health? In this new Parliament, I co-chair the same group with the hon. Member for City of Durham (Mary Kelly Foy).

I am passionate about preventing young people from starting to smoke and encouraging people who do smoke to give up because of my personal experience. The Secretary of State related his personal experience, and I think it is right that I should relate mine. Both of my parents died from smoking-related cancer. My late mother was only 47 when she died. She was a very heavy smoker all her life. I was then left as a 23-year-old with three younger sisters to bring up as a family. I do not want any family in this country to go through what our family went through. So this, for me, is personal as well as political.

I listened to the Secretary of State when he talked about the speech that the former Prime Minister made at the Conservative party conference. If he examines the Westminster Hall speech that I made some two months earlier, he will see that it was almost the same—word for word. I have not called my right hon. Friend out for his plagiarism before.

This House has a very long history of tobacco control. Those measures have been introduced mainly from the Back Benches. I know that the Government will proclaim that a Labour Government brought in the ban on smoking indoors, but it should be remembered that it was a senior Labour Back Bencher—a former Member of this House—who said that unless the Government introduced the measure, he would table a cross-party amendment to the Health Bill and it would be carried by a heavy majority. He did not need to do that, and I welcomed the provision.

I am delighted that this Bill builds on the Bill that was presented in the previous Parliament. I was proud to speak in that debate and to sit on the Bill Committee as we tried to improve the Bill. The then Minister, Andrea Leadsom, took away many of our amendments and said that she did not yet have the authority to agree them, but was willing to review them in the round. Clearly, we did not get to the point of doing that. It is important to remember that from 2011 to 2023, the number of people smoking dropped from 20% of the population to 11.9%, which is a big fall. The previous Government should be commended for that. Indeed, the last Government made it illegal in 2012 to display tobacco products at the point of sale. I remember that I led a debate in Westminster Hall in September 2013 calling for the standardisation of tobacco products to be made mandatory. Both the Conservative and Labour Front Benches opposed the position. Two years later, it was passed by this House. That shows how the Back Benches lead and Governments often follow.

At the same time, children were protected from harmful second-hand smoke by a law that made it illegal to smoke in a vehicle containing anyone under 18. That is difficult to enforce, and I remember many colleagues saying, “If you can’t enforce it, it won’t happen,” but most colleagues will remember sitting in a car where their parents were smoking and suffering that second-hand smoke. We won that argument. It was once again a Back Bencher—the senior Back Bencher Alex Cunningham—who brought that forward, and we were proud to support it.

We won the argument on the smokefree generation. The then Health Secretary, my right hon. Friend the Member for Godalming and Ash (Jeremy Hunt), built the cross-party consensus then, and we reached the consensus on raising the age of sale for tobacco by one year every year. In the vote on Second Reading of the last Tobacco and Vapes Bill, it was rightly backed by a huge majority across the House.

I welcome the new measures, which include the amendments tabled to the original Bill. It takes into account most, if not all, the amendments we proposed last time in Committee. The Government have not yet met the standards set by the last Government, though, in addressing smoking among the 5.6 million smokers in England. The last Government committed £15 million in funding for mass media campaigns, £30 million for enforcement and £70 million for local stop smoking services. I note that the Secretary of State mentioned the £70 million for smoking cessation services, but not the other items. When the Minister responds, will he commit to the same level of support for the “swap to stop” scheme to support adult smokers to switch to vapes and a national financial incentive programme, particularly aimed at pregnant women who want to stop smoking?

Today, the Government confirmed funding for stop smoking services and enforcement. That is welcome, but only if the funding is sustained for the next five years in line with the commitments made by the previous Government. I am also concerned that while the enforcement duties in the Bill are greater than before, that has not been matched by additional funding. Will the Minister confirm that a full assessment of the cost of enforcement will be undertaken as a matter of urgency and that the funding will be reviewed following that and the passage of the Bill?

Between 2022-23 and 2023-24, we saw the biggest single drop in maternal smoking rates since records began, from 8.8% to 7.3%—an 18% decline in the number of women smoking during pregnancy. The fall was a credit to the services established under the last Government to support women to quit. Keeping up that level of progress will not be easy, but by maintaining the world-leading national financial incentive scheme, that rate of decline can be maintained, giving children the gift of a smokefree start in life. However, the funding for the scheme is due to come to an end in March next year. Will the Minister confirm whether the Government will extend the scheme and ensure that every baby gets the best possible start in life—something I know his predecessor would have strongly supported?

Most of the Bill comes from the Khan review. One item is not in the Bill that certainly should be. The difficult fiscal environment that the Government find themselves in means that discussions on funding can lead to tense shoulders on the Government Benches. However, I bring good news: there is a way to raise revenue, by passing the costs directly on to tobacco companies—those responsible for the blight on our population’s health and wealth. Will the Minister agree to come to the APPG and address the matter, so that we can talk about the implementation of a “polluter pays” tobacco levy on the profits of big tobacco, which would address issues with market prices and limit the profitability of the industry? That can all be done without impacting the cost of tobacco to the consumer or, indeed, on the wholesale market.

As co-chair of the all-party group, I congratulate the Government on adopting so many of the amendments that we tabled in the last Parliament, including on the introduction of a licensing scheme. I am pleased that the Bill indicates that that scheme will be more robust that the current scheme for alcohol, meaning that it can be used to improve public health, which I am sure we all agree with. At the Committee stage of the previous Bill, I also tabled an amendment to require age verification for everyone who purchases tobacco. That would aid enforcement and simplify the process for shop workers, who would not have to guess whether customers were over the legal age of sale or explain to some why they were being asked for proof of age. The requirement to ask for proof of age has been strengthened but not mandated, so in Committee will the Minister consider introducing mandatory age verification?

I welcome the ban on vape sponsorship and advertising, which was, once again, discussed in the previous Bill Committee. The promotion of vaping products for anything other than smoking cessation does not support public health goals. However, I am pleased that the Bill ensures that public health organisations can still promote vapes as a quit-smoking aid. Can the Minister confirm that the Advertising Standards Agency will work with public health organisations to ensure that that works in practice, so that smokers are still informed about the benefit of switching and, more importantly, of giving up tobacco altogether?

The Bill includes new powers to extend and designate smokefree places as vape-free. It is a shame that a consultation on where those powers should apply was curtailed before the Bill ever reached Parliament, because we need an open debate on that subject, and it would be better led by evidence rather than by decisions made behind closed doors at the Department. Will the Minister consider that aspect and see whether we can have a proper consultation so that all members of the public can participate?

The Bill consolidates many existing powers around tobacco control and brings them into one place, and I welcome that proposal. It will, I hope, ensure that legislation is future-proofed against any loopholes or escape clauses. We know how hard big tobacco works to get around the legislation we pass in this place. An issue that I do not believe is covered by the Bill—although I stand to be corrected—is that of chewing tobacco. Paan, for example, is often mixed with tobacco and sold with different products in different outlets, and it is sold loose, so it is difficult to monitor. Often, existing laws on oral tobacco are not enforced properly, so the populations who use those products, who tend to come from the Indian subcontinent, do not realise the risks that they are running. We know that mouth and throat cancers are particularly prevalent among people from the Indian subcontinent. We must combat that by ensuring that such products are properly regulated. Will the Minister consider regulating all forms of tobacco and ensuring that trading standards and others have the resources to enforce the regulations properly?

I congratulate the House on the continued consensus on reducing smoking, and take this moment to mark the significance of the Bill’s return to Parliament. I am very proud that it was a Conservative Government who first introduced the policy. No other consumer product kills up to two thirds of its long-term users; it is uniquely lethal and requires a regulatory approach. Government intervention is justified against this addiction, which steals the health and wealth of our population. To those who say that this is a matter of freedom of choice, I say that there is freedom of choice only in taking the first cigarette, after which people are addicted for life and either have to try to quit—some try up to 30 times, as we have said—or face shortened lives and horrible deaths.

We in this country have been a world leader in tobacco control, standing up to big tobacco’s repeated efforts to block our progress. The creation of a smokefree generation would have been absolutely unthinkable a few years ago, but it is so close—we can see it coming now—and it will be a credit to this Parliament and the previous one. I remember the Minister saying that it would be a Labour Government who created a smokefree England by 2030. Let us hope that we can do it faster than that.

--- Later in debate ---

[Andrew Gwynne]

I think the hon. Gentleman has just talked himself into a job. He is absolutely right that the best people to advocate for stopping smoking are former smokers.

We will still encourage adult smokers to switch to vaping through Swap to Stop in England, and I am delighted that localities have asked for over half a million starter kits so far. On advertising regulations, of course the consultation will take place after Royal Assent, but I hope that I can assure the hon. Member for Harrow East that we will take away his point about ensuring that the NHS can still advertise Swap to Stop under those regulations. On a tobacco industry levy, fiscal matters are for the Treasury, but I am sure that his views and those of others have been communicated to Treasury Ministers.

The hon. Member for Lewes mentioned the rise of the black market. This is a line that has been parroted by the tobacco industry for years, so we need to spell out the facts. Whenever Governments of any guise have introduced targeted tobacco control measures, the black market actually has not prospered. Consumption of illegal tobacco has gone from 15 billion cigarettes nearly 25 years ago to just one 10th of that amount last year, and when the last Labour Government raised the age of sale from 16 to 18, the number of illicit cigarettes fell by a quarter. However, this requires better enforcement, and we will use every second of the generously long buffer period to support businesses in preparing for and implementing the changes, including through information campaigns. We are providing £10 million to trading standards to increase their capacity and capabilities next year, and there is £100 million for Border Force and His Majesty’s Revenue and Customs over the next five years to tackle illicit and under-age sales. The Bill also allows trading standards to issue on-the-spot fines of £200, and to reinvest the proceeds of those fines, and indeed the licensing regime, back into further enforcement.

[Bob Blackman]

Will the Minister consider ensuring that the fines are raised by at least inflation each year? Fines could be increased on a scale, to make sure that they keep progress with changes.

[Andrew Gwynne]

We have already doubled the fine proposed in the previous Government’s Bill, which is a step. I listened very carefully to the hon. Gentleman’s argument, and he might wish to pursue it in Committee, should he be fortunate enough to be a Committee member. I look forward to the debates we might have.

A number of questions about the licensing regime were posed by the shadow Secretary of State, as well as by the hon. Member for North Shropshire (Helen Morgan), the hon. Member for North Dorset (Simon Hoare) and others. I reassure the House that across the sector, there is broad consensus among retailers about a licensing scheme; more than four fifths of them have expressed their support. Unlike alcohol, there is no licensing requirement for tobacco. A lot of people outside this House would find that hard to understand. They assume that convenience stores, supermarkets and other places that sell alcohol are licensed in a similar way to sell tobacco products, but that is not the case. We will bring in a licensing scheme, because we know that will have a huge public health impact, as other licensing regimes do.

Tobacco and Vapes Bill

Bob Blackman Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

As chair of the all-party parliamentary group for responsible vaping, I have followed the progress of the Bill closely. I will speak to new clauses 4, 6, 7 and 15, as well to amendments 36, 37 and 88, all of which stand in my name. I congratulate the Minister on her appointment and on stepping up so wonderfully to help move the Bill forward today.

Youth vaping is an enormous public health challenge that forms one of the Government’s central messages in the Bill. All of us in this place will have heard concerns from teachers and parents about the prevalence of youth vaping, and the challenges that schools face in tackling it. The Bill sets out to reduce the appeal of vaping to children, but a delicate and calculated approach must be taken when addressing youth vaping. In addressing one problem, it is incumbent on us all as legislators to not give rise to another—in this case, deterring tobacco smokers from making the switch.

We still have more than 6 million smokers to reach, and vaping is 95% safer than smoking, according to King’s College hospital and the former body Public Health England, and it is the most successful tool to help smokers to quit. According to data from Action on Smoking and Health, 3 million adult vapers are ex-smokers. There are hard yards that we still have to take to reach smokers, and I fear that the Bill, at present, is losing sight of what the evidence base says about the relative harms.

Vape flavours can play a significant role in passporting adults towards a less harmful alternative. I was pleased to see in the response to a written question I tabled that the Government recognise that flavours are a consideration for adult smokers seeking to quit. The previous Public Health Minister, the hon. Member for Gorton and Denton (Andrew Gwynne), said that

“it is important we strike the balance between restricting vape flavours to reduce their appeal to young people, whilst ensuring vapes remain available for adult smokers as a smoking cessation tool.”

A study led by the University of Bristol last year found that flavour restrictions could discourage adults from using e-cigarettes to help them quit smoking. Amendment 37, which stands in my name, seeks to strike a balance between banning flavour descriptors, which would remove flavours that deliberately appeal to children such as gummy bear and bubble gum, and allowing adults to use their smoking cessation product of choice.

Sticking on product requirements, amendment 36 would empower Ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices. These products are typically cheaper per puff, contain significantly more vape liquid and plastic content than other devices, and have a specific youth appeal. In January, the Department for Environment, Food and Rural Affairs released new guidance outlining what can be considered a reusable product, aiming to prevent the retail of vapes with superficial charging and refilling features. I believe that this should be put on a statutory footing to ensure its consistent and effective application. The Bill should be amended to clearly stipulate “one device, one tank” to prevent irresponsible actors from flooding the UK with these products following the disposable ban.

New clauses 6 and 7, which stand in my name, would introduce a requirement for retailers in England and Wales to include age verification at the point of use. While the Bill seeks to tackle youth appeal, a fundamental issue is left unaddressed. Once a vaping product leaves a shop, there is no barrier to its being used by children, but technology against this already exists. I met with IKE Tech LLC, a company that has developed low-cost, Bluetooth-enabled chips that pair with a mobile app for secure identity verification. Its technology also includes geofencing, which can disable devices in certain areas, such as schools. The new clauses would harness the potential that innovation has to offer to address youth vaping accessibility head-on.

Turning to advertising, new clause 15 would create a limited and tightly defined exemption from the new advertising restrictions for in-store promotional materials in specialist vape shops, provided that these are not externally visible and that they meet any conditions around health warnings set by Ministers. I am fearful of a situation where specialist tobacconists are given exemptions to the restrictions set out under clauses 114 to 118 but specialist vape shops are not. These vape stores provide adult smokers with important advice and product consultations in their journey away from tobacco, and I have seen that in action.

Nicotine pouches are currently only regulated through the General Product Safety Regulations 2005, meaning that there is comparatively little regulation around these products, particularly regarding nicotine strength. Nicotine pouches with strengths ranging from 70 mg to 150 mg are easily obtainable. There is a pressing need to limit the strength of nicotine to lower levels. New clause 4, which stands in my name, would ban the manufacture and sale of pouches with more than 20 mg per pouch. This would eliminate the dangerous high-strength products while maintaining a threshold that minimises adverse consequences arising from the restriction, such as smoking and illicit pouches.

Before making any regulations under part 5 of the Bill, amendment 88 would require the Secretary of State to consult

“any persons or bodies as appear to him or her representative of the interests concerned”,

instead of what is stipulated in the more limited current wording. The Bill provides Ministers with broad powers to make further regulations. It is vital that these powers are exercised in consultation with all relevant stakeholders, including public health experts, enforcement bodies, cessation specialists, retailers and industry.

As chair of the APPG for responsible vaping, I hope that Ministers will be willing to engage in the coming months as regulations are brought forward. People who do not smoke should not vape. But for those who do use tobacco, I believe that we have a duty to ensure that legislation effectively harnesses the power of vapes as a smoking cessation tool.

[Bob Blackman (Harrow East) (Con)]

It is a pleasure to follow the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon), and I congratulate her on her work on vaping and combating illegal sales. I declare my interest as the co-chair of the all-party parliamentary group for action on smoking and health for nine and a half years. I have seen the work that the Conservative Government did to combat smoking, which led to a dramatic drop, but we are not where we need to be. I commend the Minister and the Government on bringing forward the Bill, and on absorbing almost all the amendments that my colleagues and I proposed in the Bill Committee for the previous Bill to strengthen it and make it much more likely that we can achieve a smokefree England by 2030.

As has been said, the Bill will make us a world leader in tobacco control. We have always been at the forefront, but it consolidates regulation and limits the reach of the tobacco industry. We should be clear that tobacco is a uniquely lethal product that, when used as intended, kills two thirds of long-term users. Above all else, it is highly addictive and hard to quit once people are addicted. Most smokers will say that they wish that they did not smoke and had never started, and that they have had their agency removed by their addiction. By passing this legislation, we are giving choice back to young people in the future, who will avoid ever falling into that trap and the addiction that it brings.

I have tabled a number of new clauses. I think that the Minister is unlikely to accept them, but I commend them to her for further consideration. New clause 17 calls on the Government to consult on the introduction of a “polluter pays” levy on the profits of the big tobacco industry. The all-party group has championed this campaign for many years. It is supported by the Khan review, which was set up by the former Member for Bromsgrove to enable a position to be reached. Almost all its recommendations are absorbed by the Bill, as they were by the previous Bill, but some are outstanding. The “polluter pays” levy is one of them. It is supported by charities, health organisations, academics and think-tanks.

Tobacco consumption costs our society greatly. The latest data from Action on Smoking and Health estimates that smoking costs society in England alone £43.7 billion a year—far more than the £6.8 billion that is raised through tobacco taxes. That includes £27.6 billion in lost economic productivity. We heard from the Chancellor and the Secretary of State for Work and Pensions about reducing the cost of the welfare state. If we can stop people smoking, they will not become unhealthy and unable to work. They will be able to get back into the workforce and pay taxes rather than be in receipt of welfare. This is an opportunity to reduce the impact on the benefit system and improve productivity right across the UK.

[Jim Dickson (Dartford) (Lab)]

I commend the hon. Gentleman on his excellent speech so far and his work over many years to reduce smoking prevalence in this country. Does he agree that the tobacco companies still make a huge margin on the tobacco that is sold, and therefore could easily afford the “polluter pays” levy that he proposes?

[Bob Blackman]

I welcome that intervention from the vice-chair of the all-party group. As we have said, smoking is not a free choice; it is an addiction peddled by an aggressive industry. I will come to some of the things that the hon. Gentleman has said.