Tobacco and Vapes Bill

Lord Sharpe of Epsom Excerpts

Tuesday 3rd March 2026 Lords Chamber

[Lord Udny-Lister (Con)]

My Lords, while I am on my feet moving Amendment 149, I will also talk about the other amendments in my name. We must prevent an indiscriminate or blanket prohibition without proper scrutiny and consultation. I fear that, without these safeguards and measures, and with the approach being taken, years of success in smoking cessation will be reversed rapidly.

Further still, in the drafting of this Bill it is apparent that advertising is being looked at as merely a commercial persuasion. I would argue that this is wrong. We are forgetting that advertising is a channel of product differentiation and risk communication. We must therefore provide manufacturers with the opportunities to communicate factual and regulated information regarding relative risks and cessation pathways. Otherwise, we will be creating a system in which misinformation will flood the gap.

We must not allow a blanket prohibition on advertising vapes, nicotine pouches and heated tobacco products without consultation. To do so would be an affront to our business community and contrary to the way that things should be done. As already raised in Committee, half of all smokers now wrongly believe that vaping is as harmful as smoking. If communication is prohibited through an advertising ban, how do we correct misinformation such as this? How do we promote public health outcomes?

The impact assessment acknowledges potential unintended consequences for smoking cessation. These unintended consequences must be rooted out and the only way to achieve that at this stage is through wider and effective consultation. The amendments I have put forward all seek to prevent harm reduction being undermined, and on that basis I hope to gain support.

[Lord Sharpe of Epsom (Con)]

My Lords, Amendment 168 is in my name. I will also speak briefly to my Amendment 196, which is in the next group, but the subject matter is broadly similar. I am very grateful to my noble friends Lord Brady of Altrincham and Lord Naseby and the noble Baroness, Lady Fox, for signing these amendments.

These amendments, taken together, would serve the purpose of providing safeguards and guarantees for the hospitality sector within the Tobacco and Vapes Bill. I should be clear that they would not tie the hands of government in any way. They would not create carve-outs or specific loopholes, with the exception of a very narrow exemption in Amendment 168. They merely propose a requirement to consult specifically with the hospitality, retail and entertainment industries before making regulations in these areas.

I ask noble Lords, when thinking about these amendments, to consider the broader burdens currently faced by the hospitality industry. It is well known that the sector has been exposed to a number of challenges as a result of government policy in recent months and some aspects of this Bill have the potential to substantially add to these challenges. It is worth looking at the broader context, because the hospitality sector contributes £93 billion to the UK economy each year. It is the third-largest employer, with 3.5 million people employed in the sector. Since the 2024 Budget, over 89,000 jobs have been lost, which accounts for roughly 53% of all job losses in the economy. That is before the impact of the Employment Rights Act, which 49% of business leaders have said will make them less likely to hire new staff.

On business rates reforms, pubs have been granted a limited stay of execution, but, in the wider hospitality sector, the estimate is that it will cost the industry an additional £150 million, or the equivalent of about 12,500 jobs. The beer tax in the 2025 Budget has forced up the price of a pint by effectively eliminating the profit margin on beer through the alcohol hike of 3.55% from last month. That is all before the increases to national insurance, which have driven up operating costs across the board, as well as sky-high energy prices. This is an industry that is under considerable existential pressure.

It is important to reiterate these facts in light of the briefings from many of the public health charities that have been campaigning on this Bill. They claim that these amendments are not necessary. But every single UK hospitality industry association, including UK Hospitality, the British Beer and Pub Association and the Night Time Industries Association, has warned about the damages this Bill could do to the sector. These amendments are therefore needed because the industry has said that it has absolutely no more capacity to absorb additional costs.

While the Government have said that it is not their intention to legislate for smoke-free and vape-free places for the hospitality industry as it is not the right time, that statement carries the clear implication that they might choose to do so in the future. To be clear, these amendments would not stop the Government legislating in this area. They would merely require that they guarantee consultation, with an impact assessment, before doing so. Why the guarantee? It is because too often we see sectors with concerns around this area being dismissed for having vested interests—we have heard many arguments this evening around the same subject—and the Government heeding only the submissions of organisations that tell them what they want to hear. In view of this, we suggest that these amendments and safeguards are extremely important.

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[Lord Udny-Lister (Con)]

My Lords, it is really hard to follow the noble Baroness, Lady Fox, when she gives a speech like that. Amendments 193, 194, 197 and 198 hope to address the powers to designate vape-free and heated tobacco-free places. The argument, really, is that it is all a bit over the top. There is limited evidence of harm from passive vaping compared with that of inhaling second-hand smoke. It is my fear that, as currently drafted, the Bill could inadvertently force ex-smokers to have relapses if they are using alternatives alongside smokers. That is what is going to happen. They are all going to be pushed into the same area, and that, I suggest, is the worst of all outcomes.

I further push the point that age-gated venues should be able to retain the discretion that they already have. Our hospitality and pub sectors need these safeguards.

Of course I agree with everybody that we must protect children but, in doing so, we must not inadvertently drive adults back to cigarettes and destroy our pubs in the process. That, I am afraid, is exactly what we run the risk of doing.

[Lord Sharpe of Epsom (Con)]

My Lords, I shall be super-brief, because I spoke broadly on my Amendment 196 in the previous group when I made the case—it is not hyperbole—that the hospitality sector faces an existential issue. I agree with all my noble friend Lord Udny-Lister’s words on this.

My Amendment 196 is extremely straightforward: it insists on a consultation if any regulations are made under Clauses 135 to 138 in relation to designating a place smoke-free or vape-free. Please consider the interests of the hospitality sector, which, as I highlighted in the previous group, is responsible for so much activity and employment in our economy.

I just finish by saying that I am shocked beyond compare that the noble Baroness, Lady Fox—she and I have been in this House for the same time—has only just noticed that the Liberals are illiberal.