Tobacco and Vapes Bill

Robin Swann Excerpts

Consideration of Lords amendments
Monday 23rd March 2026 Commons Chamber

[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 ---

[Jim Allister]

Name them.

[Robin Swann]

Well, it was Democratic Unionist party MPs who were prepared to oppose the Bill in this House while their MLAs supported it back in the Northern Ireland Assembly. That was a strange mixture, but that is where we are and that is where they are at this minute. I am assured that DUP MLAs support this legislation applying equally to Northern Ireland, and I think that was part of the debate in the other place with their peers. I finish by seeking reassurances from the Minister about the application of this Bill, because it is a good piece of legislation.

[Jim Dickson (Dartford) (Lab)]

It is a pleasure to have this Bill back before us today. During the many great speeches tonight, but also on Second and Third Reading, the great majority of people have agreed that we should feel proud of this world-leading piece of legislation. It will create that elusive thing: a smokefree generation in this country.

As a former smoker and as vice-chair of the all-party parliamentary group on smoking and health, I am grateful to have been able to speak regularly in the debates on this Bill, including spending many hours in the Bill Committee going through it line by line. As the hon. Member for Winchester (Dr Chambers) said, there is a feeling of veterans of the Bill gathering round to see it finally get over the line, and that is a wonderful thing.

As vice-chair of the APPG on smoking and health, I want to put on record my thanks to my hon. Friend the Member for City of Durham (Mary Kelly Foy) and the hon. Member for Harrow East (Bob Blackman) for their great work over the years leading that APPG to the point where we now have legislation that embodies the APPG’s ambitions.

Before I get into the detail, I will offer my thanks to Ministers and officials here and across the four nations of the United Kingdom for the work that they have done to create a Bill that will apply across our entire nation. I welcome the new Minister for public health, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), to her place. It is brilliant to have a champion for public health over many years as the new Minister. She was a very able public health spokesperson for this party while in opposition.

Just under a year ago, I tabled an amendment on Report that would have introduced a ban on all cigarette filters, regardless of whether they contain plastic. I tabled it in recognition of the fact that there are no health benefits at all to cigarette filters, despite the hon. Member for Windsor (Jack Rankin) seeming to be of the view that there are. Filters were developed by the tobacco industry following evidence that smoking caused lung cancer, in order to give a false sense of reassurance to smokers. The passage of this Bill has also seen discussions of the merits of what have been described as biodegradable filters. As Dr Bas Boots, ecologist and senior lecturer at Anglia Ruskin University—he spoke last year to the APPG on smoking and health—has said:

“All cigarette filters are harmful to the environment. Research from Anglia Ruskin shows the extent of this, with filters leaching toxic chemicals into soils and waterways causing harm to plants and animals.”

Although the Government did not accept my amendment, I am pleased to see other amendments—including Lords amendments 37 to 45—to ensure that regulatory powers in the Bill can apply to filters, and I understand from Action on Smoking and Health that if the UK were to ban filters, we would be the first country in the world to do so. I hope that the Minister, when she sums up the debate, will be able to tell us when a call for evidence related to cigarette filters will be launched.

In Committee, we discussed at length whether the changes in the Bill should extend to vape vending machines in mental health settings. I am grateful to the Government for considering that carefully and altering the Bill, via Lords amendments 3 and 4, to exempt vending machines in such settings from the overall, and very sensible, ban on them elsewhere in the light of their obvious role in helping often vulnerable people to stay smokefree.

The addition of a Government commitment, via Lords amendment 80, to review the implementation of the Bill within four to seven years is really sensible. It is important for us to look at how it is working, and to share any lessons learned with other countries that may be pursuing similar legislation—we know that a number of countries are doing so.

I also support Lords amendments 89, 90 and 91, which will ensure that a comprehensive definition of “tobacco” will apply from Royal Assent, as it should. That will end the practice of illegally marketing heated tobacco products, and will enable the Government to use powers in the Bill to specify that devices used for the consumption of tobacco cannot be promoted.

Finally, I want to reflect on the key impact of the Bill. When the age of sale restrictions for tobacco come into force on 1 January 2027, we will create a smokefree generation, with those born on or after 1 January 2009 turning 18 and never being able to purchase tobacco legally. As this century progresses, millions of UK lives will be saved, and we will genuinely be on the road to a smokefree Britain.