Tobacco and Vapes Bill

Jim Shannon Excerpts

2nd reading
Tuesday 26th November 2024 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman is probably aware of this, but there are a lot of safety issues with vapes and smoking, especially for young people. One of the issues seems to be that it is unknown just yet what effect vapes may have on adults, but even more so on children. For that reason, does the hon. Gentleman agree that further consideration must be given to the safety issues before we can let young people fully use vapes?

[James MacCleary]

The hon. Gentleman makes an important point. Indeed, my hon. Friend the Member for Bath (Wera Hobhouse) has already raised the issue of spiced vapes in a debate in this House. I think there are a lot of safety concerns relating to vaping, and hopefully this Bill can start to address some of those issues. As a party, we earlier supported the Government’s move to ban single-use vapes on environmental grounds. Vaping has a role in smoking cessation, but as the hon. Gentleman has pointed out, it has to be regulated to prevent harm to children.

On smoking, however, the Bill ventures into more contentious territory, in my view. The proposal to ban the sale of tobacco products to anyone born on or after 1 January 2009 is somewhat problematic. While I appreciate the ambition behind creating a smokefree generation, I worry about the long-term implications of this measure. For one, history teaches us that outright bans often lead to unintended consequences. As we have seen with other prohibitions, a black market can emerge, making it harder to regulate the quality and safety of tobacco products. Then there is the question of principle: should the state prevent grown, consenting adults from engaging in legal activities? I believe we must tread carefully when legislating against personal freedoms, even when those freedoms carry risk. A more effective approach would be to invest in public health measures, such as smoking-cessation programmes, early cancer detection and better treatment facilities.

The Bill also grants the Secretary of State sweeping powers to declare any public space smokefree. While I support protecting children in playgrounds, schools and hospitals, these powers go far beyond that, removing the requirement that a space must pose a significant risk of smoke exposure to be designated as smokefree. This raises concerns about potential overreach, which is understandably creating concern in the hospitality and night-time industry sectors. I urge the Government to clarify this issue when the Bill is in Committee.

Smoking rates in this country are already declining, particularly among young people. In 2021, just 1% of school pupils reported smoking regularly, compared with 30% in 1996. That trend is encouraging, suggesting that education and public health initiatives are working, so while I share the Government’s goal of reducing smoking and vaping rates, I believe this Bill goes beyond what is necessary or proportionate. We should focus on supporting people to make better choices, not remove those choices altogether. There is much to welcome and commend in the Bill, and I congratulate the Secretary of State and the Government on bringing it forward. I hope the Government will consider refining their approach in Committee in some of the areas I have raised, balancing public health priorities with the liberal principle of individual freedom.

Tobacco and Vapes Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Monday 23rd March 2026 Commons Chamber

[Mrs Hodgson]

Before I address Lords amendment 1, I would like to take this opportunity to pay tribute to my predecessor, my hon. Friend the Member for West Lancashire (Ashley Dalton), for her work on the Bill and the wider prevention agenda. I also extend my thanks to Baroness Merron for her work in the other place, ensuring that the Bill was expertly steered through the legislative process.

This is a landmark Bill, and I am honoured to have taken on responsibility for it as the House considers the amendments made in the other place. Creating a smoke-free generation is the most significant public health intervention since the ban on smoking in public places in 2007, under the last Labour Government. Tobacco claims around 80,000 lives every year, and in England it is responsible for a quarter of all cancer deaths. Someone is admitted to hospital almost every minute as a result of smoking, and up to two-thirds of deaths among current smokers can be attributed directly to smoking. Those are not abstract figures; they represent lives cut short by an entirely preventable harm.

The Bill also takes decisive action to tackle the rapid rise in the use of vapes and other nicotine products, particularly among young people, protecting a new generation from nicotine addiction. All the amendments to be considered today have been accepted by the Government, starting with Lords amendments 1, 2, 39 and 40, which change the parliamentary procedure for age verification regulations from negative to affirmative in England and Wales, and in Northern Ireland. The regulations will set out how retailers may ensure compliance when verifying a customer’s age. The changes were made as a result of a recommendation from the Delegated Powers and Regulatory Reform Committee, which the Government accept.

[Jim Shannon (Strangford) (DUP)]

rose—

--- Later in debate ---

[Mrs Hodgson]

I have always wanted to give way to the hon. Member for Strangford (Jim Shannon).

[Jim Shannon]

Well done, Minister—it has been a joy to see the hon. Lady’s elevation to the position she now holds, and I wish her well. Is she aware that Lord Dodds, a DUP Member of the other House, continued to push for changes to age verification in the Bill, and that my party’s primary motivation for the amendments was retailer protection? Without strict parliamentary scrutiny of age verification rules, small businesses will face disproportionate burdens compared with large supermarkets, and the moving age restriction, which rises by one year every year, makes manual verification increasingly difficult for shopkeepers over time. Has the Minister had the opportunity to address that issue, as it concerns many people?

[Mrs Hodgson]

We do not intend to place undue burdens on retailers. Indeed, it should be easier because there is one only date that anyone will have to remember when verifying somebody’s age, which is 1 January 2029. It should be a lot easier as nobody has to do any complicated arithmetic in their head any more. I thank the hon. Gentleman for his intervention.

Lords amendments 3 and 4 provide a narrow exemption to the Bill’s ban on vape vending machines, allowing them to be used in adult mental health settings in England and Wales, and only in areas “wholly or mainly” for patients. That aims to support adult in-patients who may face limits on accessing vaping products used to manage nicotine addiction. The Government remain committed to the wider ban on vending machines, to prevent children and young people from being able to bypass age restrictions on vapes and nicotine products. However, we are aware that adults with long-term mental health conditions have a much higher smoking prevalence than the general population, and ensuring that adult in-patients are able to access vapes from vending machines supports smoking cessation.

Lords amendments 6, 7, 9 to 18, 20, 25, 27, 29 to 31, and 92 to 102 relate to the creation of a licensing scheme in England, and allow for the licensing authority to enforce the future scheme in addition to trading standards. The change was made in response to feedback from local government stakeholders that such a measure would strengthen the scheme and help it to be managed more efficiently following its introduction. Lords amendments 21 to 24 and 28 allow the proceeds from the £2,500 fixed penalty notice for licensing offences in England and Wales to be retained by local authorities for enforcement purposes. The Bill previously required them to be returned to the consolidated fund after costs were deducted. That aligns with the Bill’s approach to allow local authorities to retain proceeds from the £200 fixed penalty notices. Local authorities will be able to reinvest proceeds into strengthening enforcement of the Bill, and help to tackle the illicit market.