Tobacco and Vapes Bill

Earl Russell Excerpts

Tuesday 24th February 2026 Lords Chamber

[Baroness Hoey (Non-Afl)]

Before I say a few brief words about the amendment from the noble Lord, Lord Murray, and his excellent speech, I congratulate my former constituent, the noble Lord, Lord Clarke of Nottingham, who made an excellent speech. He spoke for common sense in how we treat adults. We will probably be allowing people to vote at 16 and we allow all sorts of things to happen at a much younger age, yet we do not realise how this generational ban will affect older people making decisions about their own lives and health.

As the noble Baroness, Lady Fox, said, people take risks all their time. I am suffering from a very sore back, because I took a risk in thinking that, at my age, I could still ski—I found it quite difficult last week. We all take such choices. After the age of becoming an adult, people have to be able to make those choices. We should be spending our time educating young people. I do not want people to smoke—I have never smoked in my life—but I do not see this generational ban working.

To the people who want to see smoking stopped, I point out that, as the noble Lord, Lord Murray, said, this generational ban will end up in the courts. Labour Peers did not listen when people said that the immigration Bill and the legacy Bill would not apply to Northern Ireland. It is clear from what has already been said by many noble KCs, by the European Union itself and by those seven countries that have given detailed reasons that this Bill cannot apply to Northern Ireland, not just because of the Windsor Framework but generally because of the tobacco directive.

If we were really serious about getting rid of smoking, we would ban tobacco altogether. That will never happen, because the Government like having the money that comes in from it. I do not understand how anyone could think that, by voting for something that will take years to implement, no matter what the Government say, we will not land up in court over and again with legal issues. Until the Windsor Framework goes, this will not happen. I have an amendment next week, so I will not go into any more detail on that now. Whether or not you agree with the generational ban, this might be a reason to look seriously at the amendment from the noble Lord, Lord Murray, on the age of 21, even if you think that, in principle, adults over the age of 18 should be allowed to make their own decisions.

[Earl Russell (LD)]

My Lords, I will briefly sum up for the Front Bench on this interesting group of amendments. Our position is that we support this generational change and welcome the Government bringing it forward. This is not party-political; these ideas come from across the House, and we welcome them.

From our point of view, changing the age of sale to 21 would be tinkering at the edges and would not bring about the change that we all know we need. Nobody who has ever smoked a cigarette or been a smoker would wish otherwise. Imagine for a moment that, today, we were not considering this ban but contemplating introducing cigarettes for the first time. Nobody with a modicum of common sense would ever contemplate introducing cigarettes and allowing corporate companies to sell products that kill half their users. We all need to change this. My own father died of emphysema, and I am sure there is hardly anyone in this House who has not been impacted by tobacco.

This might be one of the most important things that any of us in the House do in our lifetime. It is hard to see another piece of legislation having such a beneficial impact on preventing harm and misery for people in society and helping them to lead healthier and better lives.

We see no insurmountable problem in this legislation. Yes, it is new and novel, and there will be teething problems—I cannot say there will not be—but they are all surmountable. Age verification and ID are commonly used, we need to look after our small retailers and look at how this change will be implemented, and there are other views on the EU question, but this is essential and it needs to be done. We have had conversations about freedom of choice, but we would not allow any young person to pick up a loaded revolver with two chambers and one bullet and give them the freedom of choice to spin it, put it against their head and pull the trigger.

[Lord Clarke of Nottingham (Con)]

Does the noble Earl not agree that we would save many lives if we passed a law saying that nobody should be allowed to drive a motor car unless there is a man waving a stick walking in advance of them? Similarly, if we banned electric bicycles, we would prevent a great deal of injuries and possible deaths. We all have to face these kinds of judgments as part of the human condition and living in a society.

[Earl Russell (LD)]

With the greatest of respect, there are degrees of risk. There is no electric bike or motor vehicle that we have allowed that kills 50% of people who get on a bike or in a car. The noble Lord is comparing apples with pears. The dangers of smoking are known and proven, and are far greater than anything else.

To conclude, we welcome this generational ban. There are particular issues that need to be looked at and the Bill will need to be regularly reviewed, but we will come to amendments on that. This is the most important thing that we must do. It is essential that we make progress to improve the public health of people in this country.

[Earl Howe (Con)]

My Lords, I thank my noble friend Lord Murray for his amendments in this group and all noble Lords for their contributions to this important and lively debate.

Reducing smoking rates and, in particular, preventing young people from taking up tobacco, with its highly damaging and pernicious consequences, are goals that I believe command broad support across the House. My noble friend’s amendments present us with an opportunity to settle in our minds the best way those goals might be achieved. From our debates in Committee and again today, we know there is a dichotomy of views on that.

My noble friend has eloquently made the case for substantially lifting the age of sale such that the legal purchase of tobacco by anyone under the age of 21 would be rendered impossible. The Government, on the other hand, have proposed the much more radical step of initiating a complete ban on tobacco sales to anyone born after 1 January 2009, thus creating, year by year, a wider and wider cohort of individuals for whom access to cigarettes and other tobacco products in shops will be legally barred.

Neither of these proposals, whether that of my noble friend or that of the Government, provides an absolute block on young would-be smokers accessing tobacco; so long as cigarettes remain a legal product, nothing could. However, if the generational ban can be made to work as intended, there can surely be no doubt that the benefits to public health over the long term will be immense. My right honourable friend the previous Prime Minister arrived at that realisation during the last Government, and the present Government have seen fit to agree with him.

There are two main arguments against the generational ban: one relates to civil liberties; the other is that of practical workability. I will not repeat the points that have been made on those themes, but I acknowledge that what is proposed in the Bill is, by any standards, without precedent in our consumer law. For the first time, a permanent legal distinction will be drawn between two adults based solely on their date of birth. One person may lawfully purchase a legal product while another, perhaps a year younger, may not. This would be not because of any difference in capacity or circumstance but purely by virtue of when they were born. The question people ask is whether in a free country that is right.

Following on from that are the questions around enforcement and general practicability. There are major questions around verification. As the years go by, shopkeepers will need to satisfy themselves that the person in front of them seeking to buy tobacco is 42 as opposed to 41, and so on. That does seem very different from a straightforward age of sale cut-off, which is a rule that everybody understands. Would shops and customers get used to this rigmarole? How easy would it be? As my noble friend rightly said, a number of countries have chosen to adopt the course that he is advocating rather than the generational ban.

I must, however, declare my hand. This Bill, as I have said, is an opportunity—an opportunity to make a transformational change in an area of public health that successive Governments have agreed is one of the two or three most important and far-reaching in our midst. Indeed, I would say that it is the most important. I do not think that the civil liberties arguments stand up to scrutiny for very long when we are talking about the chance of preventing serious ill health across millions of our population. Smoking needs to be made deeply unfashionable. My noble friend’s amendments, although entirely well meant, are unlikely to achieve that scale of health benefits nor that kind of attitudinal change.

There is uncertainty in whatever we decide to do. I am content for my noble friends on these Benches to make up their own minds on these matters. My noble friend, whom I greatly respect, will urge colleagues to join him in the Lobbies if he chooses to divide the House. At the same time, I hope he will understand that it ill behoves me, as my party’s spokesman for health and social care and as a former Health Minister, to pass up what I see as a golden opportunity to do something imaginative and radical, which is why I support the Government in their excellent ambitions.

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Moved by

[Earl Russell]

7: After Clause 2, insert the following new Clause—
“Power to add vaping products or nicotine products to sale prohibitions(1) The Secretary of State may by regulations amend section 1 for the purpose of adding vaping products or nicotine products specified in the regulations to the list of items in subsection (1).(2) The Secretary of State may by regulations amend section 2 for the purpose of adding vaping products or nicotine products specified in the regulations to the list of items in subsection (1).(3) Before making regulations under this section the Secretary of State must consult any persons the Secretary of State considers it appropriate to consult.(4) Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers if the regulations contain provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.(5) Regulations under this section are subject to the affirmative resolution procedure.”

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[Earl Russell (LD)]

My Lords, this group is on restrictions on vaping products. I thank my noble friend Lady Walmsley for her support. We welcome and commend the Government’s ambition to create a smoke-free generation, but if our goal is truly to protect the next generation from addiction and ill health, we must go further towards a nicotine-free generation as well. Big tobacco must not be allowed to re-establish its market through the vaping industry. The Government often speak of delivering the smoke-free generation, yet this phrase does not appear in the Bill.

My amendment has been through a bit of a journey. My original intention had been to amend a general purpose clause in the Bill, but, as I said, there is not one in the Bill. I then planned to add a general purpose clause but, on advice from the Public Bill Office, I instead decided to table this enabling power allowing further controls on nicotine products, should that ever prove necessary.

While cigarette smoking has continued to decline, vaping has increased, particularly among young people. Some 20% of 11 to 17 year-olds have tried vaping; 5% of 11 to 15 year-olds vape regularly, rising to 12% for 16 to 17 year-olds. If you ask any parent or teacher, this trend is unmistakable.

Vaping should be a tool for smoking cessation, not for a new generation of addicts to provide revenues for big tobacco. The provision is modest and enabling. It compels no action but does give Ministers the power, through the affirmative procedure and after consultation with the devolved Administrations, to respond swiftly when new evidence of novel nicotine products emerges. Flexibility is crucial, because legislation often lags behind the innovative curve of the tobacco industry. Without it, as soon as this legislation is passed, we may find new products emerging.

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[Baroness Merron (Lab)]

My Lords, I am grateful to all noble Lords who have contributed to this debate. The Chief Medical Officer’s advice on vapes is quite clear: although vaping is less harmful than smoking and can be an effective quit aid for adult smokers, non-smokers and children should never vape. In the design of policy proposals, it is imperative, we feel, to get the balance right—I say this to noble Lords who raised this point—and we sought to get the balance right between protecting future generations from the risk of vaping and ensuring that vapes remain accessible for adult smokers. I hope the noble Baroness, Lady Fox, in particular will welcome that.

Amendment 7 from the noble Earl, Lord Russell, would add a new clause to the Bill to provide a regulation-making power that could be used to add vaping and nicotine products to the smoke-free generation provisions in England and Wales. I understand the aims of the noble Earl in bringing this forward, but I have to say—again, I hope this will be helpful to noble Lords who expressed concerns—that there is a fundamental difference in safety between vapes and tobacco products.

Tobacco is uniquely harmful. Up to two-thirds of deaths in current smokers can be attributed to smoking —so vaping, while it is not harm free, is significantly less harmful than smoking. Given the current research on health harms, the evidence base does not support extending smoke-free generation provisions to vapes or to nicotine products.

Also, to respond to the amendment, the Government should assume new powers only where there is clear justification for future regulatory change. Certainly, introducing a vape-free generation power, as suggested, would be a major step not currently supported by evidence. An age of sale restriction of 18 for vaping and nicotine products is therefore considered proportionate to protect children and young people, particularly as they may be more susceptible to the risks from nicotine use, including addiction.

On Amendment 16 from the noble Earl, Lord Russell, and to the points raised alongside this by the noble Baroness, Lady Bennett, I hope that I can provide a reassurance that the Government are already delivering a comprehensive programme to tackle youth vaping, strengthen enforcement and reduce environmental impacts, and have the relevant expertise required on these issues. It is our contention that it is not necessary to put this on a statutory footing.

The noble Earl, Lord Russell, as did the noble Baroness, Lady Bennett, asked how we would deal with the environmental impact of vapes. That is an extremely important area. What I can say is, as part of our upcoming circular economy growth plan, to which the noble Earl referred, the task force will consider circular design. That means including cross-government approaches such as would fit this Bill; it will consider regulation of product features and support increased recyclability—and I think that is the right place for it to be dealt with. We have to remember that last June we banned the sale and supply of single-use vapes, and from 1 October this year we will introduce a vaping products duty, which we know is effective at dissuading price-sensitive young people. Furthermore, we have a range of measures in this Bill that will tackle the drivers of youth vaping and allow us to take action on advertising, packaging, flavours and display. To support the development of future regulations, importantly, we have recently conducted a call for evidence to gather views on issues such as flavours, nicotine limits and tank sizes. There are differing opinions on all of these, so I think the call for evidence is the right approach.

The Bill also strengthens enforcement with powers that will enable us to introduce a licensing scheme and product registration scheme. Through our £10 million enforcement programme with National Trading Standards, which I referred to in the previous group, we will fund the vaping expert panel to provide valuable guidance for trading standards professionals on the enforcement of regulations.

We are also commissioning independent research through the National Institute for Health and Care Research. This includes a comprehensive analysis of all youth vaping studies and a five-year long living evidence review that will collate the latest research of vaping. Additionally, last year, we announced a landmark 10-year study that will include in its investigations the long-term health impacts of vaping on young people’s health. I consider that all these will greatly build on to the knowledge base and evidence base that we have.

Amendments 13A and 14A, tabled by the noble Lord, Lord Kamall, seek to exempt sales from vape vending machines in mental health hospitals for patients and staff aged 18 and over. I am very grateful to the noble Lord for raising this issue. As I am sure the noble Lord realises, we believe that the Government’s amendment covers what he is intending to achieve—and I am glad that he is indicating his agreement on that point.

I listened carefully to the concerns raised by noble Lords in Committee on patients in mental health facilities—something particularly close to my heart, as I am the Minister for Mental Health. These patients’ liberties may be restricted in terms of their being able to access vaping products to meet the public health need of helping them to quit smoking or manage nicotine addiction. Adults with a long-term mental health condition have much higher smoking prevalence rates than the general population, and this exemption takes into consideration the concerns that were raised by Peers, for which I am grateful, related to helping those people with a long-term mental health condition to quit where needed and it is appropriate.

In my reflection on these concerns, I am pleased to say that is why I have brought forward government Amendments 14 and 15, and I am very pleased to have the welcome of both Front Benches, as well as the noble Baronesses, Lady Bennett and Lady Fox. These government amendments provide an exemption from the ban on vape vending machines for adult mental health in-patient facilities in England and Wales. To be clear, the wording of the exemption has been very deliberately chosen. It is tightly defined to include only adult mental health in-patient settings and only in areas intended wholly or mainly for in-patients. By its nature, that means that staff will also be able to access these machines, but the exemption would not extend to areas that are not mainly for in-patient use, such as a visitors waiting room or a staff room. I hope that gives some indication to the noble Baroness, Lady Northover, on how this might work.

We are retaining the wider ban on vending machines to prevent young people from accessing age-restricted products, and to protect the next generation from being hooked on nicotine. I hope that this provides the necessary reassurance to the noble Earl, Lord Russell, and that he will feel able to withdraw his amendment.

[Earl Russell (LD)]

My Lords, I am thankful for all those who have spoken in this debate and for the Minister’s detailed response.

On government Amendments 14 and 15, I am grateful to the noble Lord, Lord Kamall, for bringing the issue forward, and I am grateful to the Minister for listening and bringing forward the Government’s own amendments. As the Minister has commented, they have been welcomed across the House; they are compassionate and sensible measures, so they are very welcome indeed.

On my Amendment 7, I tried to explain the journey that I had been on in terms of a general purpose clause. It might be that the wording of my amendment was still a little bit clunky. I want to be absolutely clear: it is not a relentless attack on nicotine, and I am not anti-vaping. The question is where we draw the line on these issues, which is probably for another Bill in future. I absolutely recognise the role of vaping in smoking cessation, but what I do not want is a new product line for big tobacco to create new nicotine addicts and to create future revenue. Where we sit between those two points is perhaps a matter for another Bill, but those issues will at some point need to be addressed. That should not be done in a way that is overly restrictive, but it should also not be done in a way that is overly free in allowing big tobacco to exploit young people and get them addicted to nicotine when that does not need to happen.

Turning to my Amendment 16, I listened to what the Minister said and I welcome the fact that the Circular Economy Taskforce is looking at these issues. We will look at those recommendations closely when they come forward. The Government say they have banned single-use disposable vapes. I must admit that, to my mind, to all intents and purposes, in the real world that is simply not the case. They are still single-use products. All that being said, I welcome the Minister’s response and I beg leave to withdraw my amendment.

Amendment 7 withdrawn.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Grey-Thompson, with whom I nearly always agree, but not on this occasion. The noble Baroness and your Lordships’ House will know that concern about plastics, microplastics, nanoplastics and public health, including the way in which they are penetrating every corner of this planet and every piece of our body, is something I am gravely concerned about. As I will come to later, my amendment calls for banning filters altogether.

Very often in your Lordships’ House, I find myself acknowledging that something that is being proposed is not exactly what I want but would be an improvement. I am afraid that I am not convinced that the ban on plastic filters that the noble Baroness proposes would be an improvement. We had an extensive debate in Committee, which I am not going to reprise, but, basically, we have a problem, in that the term “biodegradable”, which is what is being proposed, is exceedingly unclear and is not defined. There is very clear evidence that these so-called biodegradable filters can take nearly as long to degrade as the plastic ones, leach harmful chemicals and remain in the environment for a long time. Studies have also shown that people who believe that cigarette butts are biodegradable are more likely to litter them. Although this might look like a small step in the right direction, I do not believe there is the evidence to actually take us in that direction.

Amendment 77, in my name, as was extensively canvassed in Committee, proposes to end the environmental and health harms of so-called cigarette filters, compelling the Government to act now and ban all cigarette filters, which have no health benefits, reasonable evidence of health harms and, of course, huge environmental harms, whether they are plastic filters or the so-called biodegradable ones.

I thank the noble Earl, Lord Howe, and the Liberal Democrats for Amendment 76, which explores a consultation on this subject. I am absolutely delighted, for the second group in a row, to say to the Minister that the series of amendments that she has tabled, which mean that the Government are preparing the way for banning filters in the future, is a significant step forward.

However, I want to keep my amendment on the paper to make the case for why this action must be taken now. The problem of so-called guilt-free littering makes the littering problem even worse. Companies that manufacture so-called biodegradable filters continue to make profits only if people continue to consume tobacco; the biodegradable filters proposal is essentially coming from the tobacco industry.

This country has never been afraid of leading the world when it comes to tobacco control. We could be—we hear the phrase world-leading so often in your Lordships’ House—the first country in the world to ban so-called cigarette filters. We could use this as an opportunity to reverse the damage done by decades of industry marketing, raise awareness of the harms of smoking and incentivise smokers to quit.

The World Health Organization has said that it believes a ban on filters would have a significant impact on discouraging consumption. A 2023 randomised controlled trial found that those smoking filterless cigarettes consumed less, and filtered cigarettes were perceived to be better tasting, more satisfying, more enjoyable, less aversive, less harsh, less potent and less negatively reinforcing than unfiltered cigarettes.

I recognise that in Committee the Minister said that she would like more evidence and modelling on this behavioural point. There are now academics working on that very point. I am sure they will be reaching out, and I will make sure that the noble Baroness hears about that as well.

While I agree with the Minister that the long-term solution here is to eliminate tobacco use—that is obviously the ambition that pretty much everyone can sign up to—with 5.3 million smokers still in the UK, 75% of whom admit to littering their butts, there is a strong case for action. I am glad to see that the Government’s position has again shifted on this since Committee. I thank Action on Smoking and Health and my colleagues in the All-Party Parliamentary Group on Smoking and Health, as well as the academics who have been highlighting this issue and moving this forward.

Finally, and briefly, I express Green support for Amendments 10, 204 and 133, and particularly for the suggestion in Amendment 133, which I spoke on extensively in Committee, for warnings on individual cigarettes and cigarette papers. Again, this is a place where we would not quite be first in the world, but we would certainly be in the leading pack of doing something that has been shown to have positive impacts in reducing smoking, which is what we are all after.

[Earl Russell (LD)]

My Lords, I will speak to Amendment 204 in my name and those of the noble Lords, Lord Young of Cookham and Lord Crisp, and the noble Baroness, Lady Walmsley. I thank them for their support for this important amendment. This amendment proposes a “polluter pays” levy on tobacco manufacturers, ensuring that those who profit from one of the most harmful products in human history contribute to repairing some of the immense damage they have caused. The principle is simple and widely accepted: when an industry causes profound harm and reaps extraordinary profits, it should help to meet the costs of addressing that harm.

Given the unambiguity of that harm, it is only right that those who are responsible contribute to putting it right. The amendment would require the Secretary of State, within two years of Royal Assent, to establish a levy on companies deriving income from the manufacture of tobacco products. Its receipts would form a dedicated fund within the Department of Health and Social Care used solely for smoking cessation, tobacco control and healthcare for those suffering from smoke-related illnesses. Regulations would be made under the affirmative procedure to ensure proper parliamentary oversight.

This is not a new charge on consumers. It draws on the vast profits of an industry that for decades has taken far more from the public purse and the public’s health than it has ever contributed. Four companies control over 95% of UK tobacco sales, enjoying monopoly-like power and profit margins averaging 50%, some five times the UK manufacturing norm. Together they make almost £900 million a year in UK profits, and they often pay little corporation tax here in the UK.

Compare that with the cost. Smoking drains £43.7 billion a year from society in England, including a cost of £1.8 billion to the NHS and far more in lost productivity, social care and human suffering. Tobacco duty and VAT raise barely £6.8 billion—only a fraction of the real cost of these harms. The “polluter pays” principle already underpins environmental law and is embedded in gambling reforms, where a statutory levy funds prevention and treatment. It is only logical to apply the same reasoning to tobacco, a product that kills nearly 74,000 people every year in England.