Tobacco and Vapes Bill

Jack Rankin Excerpts

Monday 23rd March 2026 Commons Chamber

[Tristan Osborne (Chatham and Aylesford) (Lab)]

I welcome the Minister to her new position and thank her predecessors for all the excellent work that they did in getting this legislation through Committee and in their representations in the House of Lords.

As has rightly been said by Members across this Chamber, this is a seminal piece of legislation that puts Britain at the forefront of smoking cessation. It is a Bill that will be modelled in other nations around the world and that reflects the changing nature of tobacco use in the United Kingdom. I remember that when I was growing up in the 2000s—not that many years ago some might say—smoking was a real problem in schools. Among under-18s in particular, 50% of cohorts were smoking. I am a former schoolteacher, and if we fast-forward to today, that figure has dramatically reduced. However, we see new technologies such as vapes and chewable tobacco taking the place of smoking.

I welcome many of the measures in this Bill and the fact that we are the cheerleaders taking it forward. I also welcome the cross-party consensus in accepting many of the Lords amendments and in accepting proposals from representative groups outside the House. Those proposals include the ban and restrictions on filters, which are evolving as I speak; in many cases around the world, filters are quickly changing, so they still remain a problem.

I accept some of the changes regarding vending machines. One of the big things discussed in Committee was vending machines in mental health and other health institutions as smoking-cessation tools. It is welcome that, as a result of the debate in Committee, we have accepted that vaping remains a smoking-cessation tool. Broadly speaking, until evidence is presented that shows otherwise, vapes are a far healthier product than cigarettes, so they continue to have a place in smoking cessation.

I thank the Government for accepting Lords amendments on the issuing of fines of up to £2,500 by local authorities and the ringfencing of that money for those councils. We know that councils do outstanding work in challenging illegal tobacco. My council in Medway in Kent has one of the most successful track records in identifying illegal tobacco and challenging those who market the product, but we know that that is just the tip of the iceberg. These products contain significant quantities of dangerous chemicals and other types of product that can be severely damaging to people’s health.

I also want to mention restrictions on advertising. We know that there is gamification around tobacco products. We know that tobacco companies have sought to advertise specifically to young people so that they become addicted at ever younger ages. That is not a new technique; it has been happening for generations. I am glad that the Government have accepted Lords amendments on advertising to ensure that we restrict it on television and in other marketing efforts.

This Bill and all the amendments tabled by Members across this Chamber and in the other place, reflecting the views of different organisations in civil society, are broadly speaking extremely sensible, and I am glad that the House is not dividing on the Lords amendments tonight.

Lastly, I pay tribute to all the people working in our health services, who have been the most clear advocates for this Bill. They are the people who have been at the coalface every single day dealing with the consequences of tobacco, be they lung conditions, heart disease or concurrent conditions. It is because of their work over many years that we are here today with this Bill and these Lords amendments.

[Jack Rankin (Windsor) (Con)]

I served on the Bill Committee, and the subsequent process of scrutiny of this Bill has been entirely as expected. I was disappointed, though not surprised, by a failure to engage critically with its contents and to listen to the real concerns, in particular those of the high street businesses and the hospitality industry, which it will impact on most. I disagree with this socialist Bill on principle. Although I have a lot of time for my hon. Friend the Member for Hinckley and Bosworth (Dr Evans), I am sorry to see my Front Benchers continuing to support the broad thrust of the Bill. It creates two tiers of adults and, at its core, is fundamentally illiberal.

However, I was willing to look beyond that and engage constructively with the Government to improve the legislation, which is why I tabled a series of common-sense amendments both in Committee and on Report. They would have allowed for the advertisement of smokefree products in venues that are already adult-only; required a consultation on the impact of advertising bans on retailers; and permitted the targeted advertisement of vapes and smokefree alternatives to existing adult smokers. Those proposals had some cross-party support in this House, and two of them were taken up by peers in the other place, notably Lord Udny-Lister and Lord Sharpe for the Opposition.

Throughout this process, I have engaged with the Minister and her predecessors through letters and written questions, and I genuinely thank her for her timely responses. However, it quickly became clear that there was little interest from the Government in improving this Bill, which is driven more by puritan ideology than by evidence or practicality. As a result, we have seen it forced through by the Labour Government and their little helpers, the illiberal Democrats in the other place, with no regard to implementation or unintended consequences. Today, we are likely again to wave through 100 Government amendments from the Lords with minimal scrutiny.

All parties will welcome the fact that smoking rates in this country have declined from 30% in the early 2000s to 10.4% today. The free market has played a key role in that, with companies creating less harmful, smokefree alternatives such as vapes and nicotine pouches. There has been a consistent failure to recognise what an important role such products have played in the decline of smoking, and I hold concerns that the tight restrictions in this Bill on flavours and advertising will stop adult smokers from making the switch.

[Chris Vince (Harlow) (Lab/Co-op)]

Although I disagree with much of what the hon. Gentleman is saying, I recognise the passion with which he speaks. Does he recognise that one issue with vape products is that a number of people who smoke vapes have not previously smoked cigarettes? That is a concern. Vapes are not just an alternative to smoking and a means to stop people smoking; young people are being drawn to vapes rather than cigarettes because of their colours. Does the hon. Gentleman recognise that that is an issue that needs to be addressed?

[Jack Rankin]

I absolutely recognise that. We should make sure that these products are available to adult smokers—children should never start. However, I am afraid that the heavy-handed nature of this Bill risks sending the broad message to the general public that vapes are bad, which is not a message that we want to send to existing adult smokers. That point was ably made earlier by some of the hon. Gentleman’s friends on the Labour Benches. I believe that we would be doing a disservice to, and setting back, the public health aims of the Bill by advancing it as it stands.

Lords amendment 72 rightly protects the advertisement of vapes and nicotine products as part of a public health campaign, but this demonstrates the great irony of the Bill. The Government know that vapes and nicotine products are an effective quit aid and actively promote them for that purpose, but at the same time they are bringing in measures that will reduce their availability and attractiveness to adult smokers.

If Ministers will not listen to Members of this House and peers in the other place, I had hoped that they might at least listen to the hundreds of high street businesses that took the time to write to them. I share those businesses’ concerns about the extra pressures the Bill will place on corner shops, convenience stores and hospitality businesses, and how it will change the face of our high streets. That is where the real impact of the Bill will be felt. Those businesses are already under immense pressure from high energy costs, increasing national insurance contributions, the Employment Rights Act 2025 and changes to business rates—I will admit that the Government are nothing if not consistent. Corner shops and convenience stores now face losing custom due to the generational ban, alongside further compliance burdens through advertising restrictions and licensing schemes. The ban alone is expected to cause 7,680 store closures, to cost 70,000 jobs and to cost retailers £6.52 billion. Those are not my numbers; they are from the Government’s own impact assessment.

[Dr Chambers]

The hon. Gentleman raises legitimate points about the pressures facing small businesses at the moment, but does he not agree that there must be better ways of supporting small businesses than facilitating children to get cancer?

[Jack Rankin]

I am not suggesting that at all, sir. I am suggesting that the generational smoking ban that applies to smoking adults—I have never met a smoking adult who did not know that smoking was bad for them—is an illiberal policy that will create two tiers of adults. There is absolutely nothing wrong with people making decisions that we individually might think are bad for them. The evidence suggests the same, but people should be perfectly able to make those decisions should they choose to do so.

As legitimate businesses struggle, less scrupulous operators will inevitably fill the gap. The rapid growth of seemingly dodgy vape shops is a real concern for my constituents in Windsor, and it will be a concern for the constituents of Members right across the House. On the high street in Windsor, there are eight such shops. This is not a response to the demand for vapes, so we should ask whether fraud, money laundering or organised crime are taking place. We already have much evidence to say that they are. During a mystery shopper exercise in Windsor and Sunninghill, I witnessed the sale of illicit tobacco in three shops—it was alarmingly easy to obtain. The price difference explains why: a pack of illicit cigarettes can cost as little as £3.50, compared with £16.75 at retail. If such activity is taking place openly today, that raises the question of what else might be happening behind the scenes, and where this activity will go under the Bill.

The Bill risks turbocharging an already thriving black market. Tobacco receipts are down by £414 million, or 10%, in the last six months alone, and have fallen nearly 30% over the past decade, far outpacing the decline in smoking rates. More than one in four cigarettes consumed in Britain are now illicit, amounting to about 2 billion cigarettes each year, and the international evidence, including from Australia, should serve as a warning. Members who are sceptical should spend time with their local trading standards office to see the reality for themselves. That is why hundreds of retailers backed an amendment, tabled by Lord Murray of Blidworth, that would have replaced the generational ban with a minimum age of sale of 21. That would have been more enforceable and less costly. Naturally, that amendment was rejected.

Hospitality businesses have voiced real concerns about provisions in the Bill. That sector is so important to the economy in Windsor, and it is already struggling: since the 2024 Budget, job losses in the sector have made up around 50% of job losses overall. UKHospitality has said that many businesses have no capacity to absorb additional costs. Labour has hiked alcohol duty, is banning smoking and is considering health warnings on alcohol. Labour hates fun—it is no wonder that landlords are barring MPs from their pubs.

Amendments tabled in the other place by Lord Sharpe of Epsom would have protected our beer gardens from being designated as smokefree and allowed the advertising of products that do not contain tobacco in age-gated venues, in a similar way to the amendments that I tabled in the Commons. Those amendments would have gone some way towards reassuring pubs and venues that the Government are not completely set on destroying them. Again, those amendments were rejected—or am I to understand that the Government have U-turned on that?

Before I conclude, I will briefly raise one further concern regarding the powers granted to Ministers to prohibit cigarette filters in future. The justification for this measure remains unclear, and it is yet another example of the broad and—I would argue—excessive powers that this Bill contains, including the host of Henry VIII powers it grants. Through this Bill, the Government have teed themselves up to bring in further puritan measures in the coming years without needing to consult this House. Any such steps will simply exacerbate the growth of the black market and the decline in duties collected.

Smoking rates are falling naturally, but this Bill may well reverse that trend, as it limits access to quit aids. It will likely mean less revenue for the Treasury as the black market grows, and it will cost our high street businesses billions. The amendment process has done little to address, or even acknowledge, those concerns. However, I will end on a more positive note by saying that I welcome Lords amendment 80, which requires a review of the Bill within four to seven years of its implementation. I believe that review will vindicate me in many of the concerns I have raised today and provide a future Government with the opportunity to address or, indeed, repeal those aspects of the Bill that prove most unworkable—not that I believe this Bill will get that far. It will not survive a change in Government, which will happen at the next opportunity afforded to the Great British people.

[Euan Stainbank (Falkirk) (Lab)]

I refer hon. Members to my entry in the Register of Members’ Financial Interests and my position as chair of the responsible vaping all-party parliamentary group, in which I succeeded my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon).

As a member of the Bill Committee and part of the envious generation who will precede the smokefree generation this Bill promises, I welcome its return to the House and welcome the Minister for Public Health, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), to her place. It cannot go without saying that we also welcome the immense contribution of her predecessor, my hon. Friend the Member for West Lancashire (Ashley Dalton), and her mammoth work in guiding the Bill through Report and Third Reading. Finally, I welcome the contributions of Members from all parts of the House to the Bill.

It is critical that the powers enabled by the extensive secondary legislation that this Bill provides for are employed with our constituents’ health at the forefront of Ministers’ minds. My primary hope is that the Bill will drastically bring down smoking-related illness and early death, which are still far too prominent among smokers in this country. It has been proven by all currently available evidence that for smokers, switching to vaping is a substantially preferable and healthier choice than continuing to smoke. To put it simply, if you do not smoke, do not vape, but if you do smoke, switching to vaping is a far preferable choice for your health. That is a message we should never tire of repeating, especially considering that four in every 10 smokers still believe that vaping is just as harmful as smoking, if not more harmful, despite the scientific and medical consensus.

As we pursue a smokefree generation for those turning 18 at the turn of the year, the Government must recommit at every opportunity—including through this Bill—to rebutting this harmful misunderstanding of the relative harm of vaping through both words and actions. Lords amendment 72 acknowledges this by providing a defence for public authorities to the offences in clause 113 on advertising that would enable the ongoing use of vapes and nicotine products for the promotion or protection of public health. I note that that defence applies only to non-branded vaping and nicotine products. When she sums up, will the Minister clarify whether the amendment would permit the use of flavoured vapes or nicotine products in pursuit of the promotion or protection of public health? The written and verbal testimony of ex-smokers across the country who have made the switch to vaping is clear that they rely on flavours to quit, to stay quitting, and to quit for good.

When we consider the use of secondary powers as part of the powers available to Ministers under the Bill, we must fairly balance the crucial public health objective of getting adult smokers to quit for good against the rising concerns about youth vaping across the country. It is the sadly too common gaudy and immediately apparent displays in shops, the ridiculous flavour descriptors and the packaging associated with illicit manufacturing and retailing that are driving youth vaping far more than the flavours themselves. We talk about the proliferation of vape shops on high streets, but it is the illicit and unregulated market that we must pursue as a priority. We certainly should not group that market with specialist retailers that pursue strong age verification, muted displays, safe storage and the ability to support smokers to quit.

On enforcement, Lords amendments 9 to 13 make necessary clarifications on the definition of an enforcement authority in England and Wales. Lords amendments 14 to 20 subsequently clarify where the responsibility to issue fixed penalty notices sits. Enforcement of this Bill will be necessary if it is to achieve its aim to crack down on illegal and illicit vape products, but we must not forget that the proliferation of the illegal vaping business is still concentrated at points of entry to the UK market. We must pursue that important objective, because we cannot prejudice public and consumer opinion against the sale of legal vapes from the regulated industry by allowing them to be displayed alongside illicit and unregulated products that we all want to see off the shelves of our local corner shops. Those are the products that are driving youth vaping, not the regulated ones. We must therefore ensure the adequate resourcing of Border Force, trading standards and local enforcement authorities. Will the Minister provide detail on how the Government will seek to achieve that within the scope of this Bill?

Lords amendments 21 and 22 to clause 38 are a welcome step. They permit relevant local enforcement authorities to retain the sums and reinvest them in connection with their enforcement functions, rather than those sums going to the national Consolidated Fund. Can the Minister clarify the purposes for which those funds can be utilised? As I understand it, they can be used only in connection with the enforcement function and not to support swap-to-stop schemes or any broader activity. I would appreciate that clarity when she winds up.

The need for enforcement against illicit retail practices has rightly become an increasingly salient issue, especially in Scotland following the tragic fire earlier this month in Glasgow. While it is important for us to state that no cause of the fire has yet been definitively established—that is rightly for the relevant authorities to investigate— will the Minister expand on how secondary legislation and associated Government action around trading standards could better enable local authorities to enforce against the illicit practices that the Bill seeks to address? How will the Government encourage retailers to drag themselves up to the best practice of specialist retailers on display, storage and age verification?

To conclude, the Bill’s primary aim to create a smokefree generation is welcome. I welcome that it will directly make that generation healthier and happier, and enable them to live far longer than those who preceded them. We must do all that, however, while enabling the millions of adult smokers in Britain to quit quicker and to get healthier.

[Robin Swann (South Antrim) (UUP)]

I welcome the Minister to her place. I worked with her predecessors when I was Health Minister in Northern Ireland, when this Bill first came about. I am sorry to disappoint the hon. Members for Windsor (Jack Rankin) and for City of Durham (Mary Kelly Foy), because this legislation started its iterations under the previous Government. Very little has changed between what was debated then and what is before us now, because it is the right thing to do. It is the common-sense thing to do for the health of the entirety of our nation.

I remember having those conversations with the then MP for South Northamptonshire, Dame Andrea Leadsom, who was passionate about what the Bill would bring about. She was receiving the same advice as I was from chief medical officers across the nation about how the cessation of smoking across generations would dramatically change not just health, but the income of many families. In respect of that four-nation approach, I seek reassurance again from the Government—I have received reassurance on this from the last Government and this Government—that the Bill will apply equally in Northern Ireland and all parts of the nation.

[Jack Rankin]

The hon. Member is right that the Bill, if it does apply, should apply to the whole United Kingdom, of which Northern Ireland is an integral part. Under the Windsor framework—the sell-out that is disgracefully named after my constituency—Northern Ireland is subject to the tobacco products directive, is it not? Is it possible, then, for the Bill to apply equally to Northern Ireland?

[Robin Swann]

That is the concern, but I point out that the Windsor framework was negotiated and implemented by the previous Government, who left Northern Ireland in this current situation. When I was in post, I received reassurances from the previous Government and from this Government. I would like to be in a place that I can take both at their word that they have done their due diligence about the applicability of this legislation, and the Minister responded to the hon. and learned Member for North Antrim (Jim Allister) on that.

--- Later in debate ---

[Mrs Hodgson]

I will definitely write to my hon. Friend, rather than just guess, but I suppose that we will see fewer young people vaping—the numbers should go down. To quote chief medical officer Chris Whitty, as someone did in an excellent speech earlier:

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape.”

That is what we want the message to be, but I will commit to writing to my hon. Friend about how we will follow the metrics.

I come to the contribution from my hon. Friend the Member for City of Durham (Mary Kelly Foy), who asked about the levy. The measures in this Bill to reduce the use of tobacco are world leading. Given that the Bill will create a smokefree generation, and that we have a proven and effective model for increasing tobacco duties, we do not think that introducing a new, bespoke levy is the best way forward.

My hon. Friend also asked about advertising. We must stop the advertising and promotion of products that risk addicting a new generation to nicotine. The Bill delivers on this Government’s manifesto commitment to stopping the blatant advertising of vapes to children while continuing to support adult smokers in quitting. She said that it would be appropriate for nicotine pouches to be in scope of the ban on advertising, and I can commit to that.

My hon. Friend the Member for Chatham and Aylesford (Tristan Osborne) made a very thoughtful contribution, which sadly was followed by a not-so-thoughtful contribution from the hon. Member for Windsor. He and the hon. and learned Member for North Antrim (Jim Allister) called this a “socialist Bill”, but I remind the House that it started its life under a Conservative Government, and was lost in the wash-up prior to the general election.

[Jack Rankin]

Will the Minister give way?

[Mrs Hodgson]

I will finish responding to the hon. Member’s ideological arguments. This is not about liberty or choice for smokers. Up to two thirds of deaths among smokers can be attributed to smoking; three quarters of smokers wish they had never started; and the majority want to quit. That is not freedom of choice. The tobacco industry took away their choice by addicting them at a very young age.

[Jack Rankin]

I thank the Minister for her implied compliment to the Leader of the Opposition, who voted against this Bill on Second Reading when the previous Prime Minister brought it forward. She voted against it because the Bill does not respect the proper relationship between the state and the individual, and does not deliver equality under the law, so we will take that as a compliment in the new Conservative party, which is being refreshed in an authentically conservative direction.

[Mrs Hodgson]

The freedom to be addicted—I think that is what the hon. Member has just defended. I am sure that those on his Front Bench will take note of that. He also asked me about smokefree places. No smoker wants to harm people, but they do so through second-hand smoke, as we all know. On 13 February, the Government published our consultation on “free from” places. As we have previously set out, this Government are consulting on making outdoor public places smokefree and free from heated tobacco, including children’s playgrounds and spaces outside a number of health, social care and educational settings. Children and medically vulnerable people who visit such places should not be exposed to harm through no choice of their own. Additionally, we are consulting on making areas outside playgrounds and schools vape-free. With regard to indoor spaces that are currently smokefree, we are consulting on making the majority free from heated tobacco and vape-free. The consultation does not consider extending the proposals to outdoor hospitality.

Moving on to the excellent speech from my hon. Friend the Member for Falkirk (Euan Stainbank), I can confirm that, for smoking cessation purposes, flavoured vapes can still be promoted by businesses if they have an agreement with public health authorities. We recognise that vape flavours are an important consideration for adult smokers who are seeking to quit smoking, which is why the Government recently committed to consulting on regulating flavour descriptors as a first step before considering broader restrictions on flavoured ingredients.

The hon. Member for South Antrim (Robin Swann), in his really good speech, mentioned concerns about Northern Ireland. The Bill is UK-wide and has been developed in close partnership with the Scottish Government, the Welsh Government and the Northern Ireland Executive. We are content that the measures in the Bill, which are intended to apply to Northern Ireland, are compatible with the obligations under the Windsor framework, as I said earlier. The UK Government notified the EU’s technical regulation information system—TRIS—that certain provisions in the Bill relate to Northern Ireland; this is a standard process, not an approval process. Certain EU member states issued opinions setting out concerns about the compatibility of the smokefree generation policy with EU law, and it is not unusual for member states to submit opinions on TRIS notifications. For instance, several member states recently wrote to France when it proposed a ban on nicotine pouches, despite several other member states having already introduced such a ban.

The Government have provided a comprehensive response to the opinions that we have received, which sets out the strong public health justification for the policy, and explains why the smokefree generation policy complies with EU law as it applies under the Windsor framework, and the European Commission has now responded, noting our response. This concludes the TRIS process. I hope that answers some of the hon. Gentleman’s concerns.

We had really good contributions from my hon. Friends the Members for Dartford (Jim Dickson) and for Carlisle (Ms Minns). If I have not answered any of their questions because I was not quick enough to write stuff down, I commit to writing to both.

I very much hope that this House will support all the amendments under consideration, and that the Governments amendments will return to the other place for due consideration. I hope that this landmark Bill can complete its passage shortly, and that we can move forward with delivering a smokefree UK.

Lords amendment 1 agreed to.

Lords amendments 2 to 28 agreed to, with Commons financial privileges waived in respect of Lords amendments 21 and 22.

Government amendments (a) to (c) consequential on Lords amendment 28 made.

Lords amendment 29 agreed to, with Commons financial privileges waived.

Government amendments (a) to (c) consequential on Lords amendment 29 made.

Lords amendments 30 to 123 agreed to, with Commons financial privileges waived in respect of Lords amendments 32 to 34, 37, 38, 43 to 48, 51 to 59, 62, 77 and 78.

National Insurance Contributions (Employer Pensions Contributions) Bill: Programme (No. 2)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the National Insurance Contributions (Employer Pensions Contributions) Bill for the purpose of supplementing the Order of 17 December 2025 (National Insurance Contributions (Employer Pensions Contributions) Bill: Programme):

Consideration of Lords Amendments

(1) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.

Subsequent stages

(2) Any further Message from the Lords may be considered forthwith without any Question being put.

(3) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Imogen Walker.)

Question agreed to.