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Tobacco and Vapes Bill - Sitting 8 (Afternoon)

14 May 2024

Proposing MP
South Northamptonshire
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses clauses in the Tobacco and Vapes Bill that address regulations, extent, and commencement of the bill. The speaker supports a new clause requiring tobacco, herbal smoking product, or vaping product businesses to operate an age verification policy. The statement addresses proposals to align England and Wales with Scotland's mandatory age verification policy for selling tobacco and vaping products. The statement discusses a new clause requiring consultations on regulating the prices and profits of tobacco manufacturers and importers for public health improvement. Andrea Leadsom discusses the Government's stance on introducing a tobacco levy as part of the Tobacco and Vapes Bill. Andrea Leadsom addresses new clauses related to tobacco and vaping products fees and licensing. MPs are debating new clauses related to regulating the sale and licensing of tobacco, vaping, and nicotine products. Andrea Leadsom discusses concerns about a proposed licensing scheme for vaping products and outlines existing measures to regulate the vaping industry. The statement discusses new clause 9 of the Tobacco and Vapes Bill which seeks to ban vape advertising in sports. The discussion focuses on restrictions and regulations surrounding vape advertising and sponsorship aimed at children. The statement discusses the Government's plans to address concerns raised regarding e-cigarette regulations. The statement discusses concerns about the regulation of nicotine-containing vape products and their safety, particularly in relation to youth vaping. Andrea Leadsom discusses new clauses related to the regulation of vaping products and nicotine products in the UK, focusing on testing regimes and enforcement. Andrea Leadsom discusses the need for further research into the impacts of vaping on public health, particularly concerning second-hand exposure and the potential harms to children. Andrea Leadsom thanks Members for their contributions during the scrutiny of the Tobacco and Vapes Bill.

Action Requested

Andrea Leadsom commends clauses 75, 76, 77, and 78 to the Committee for their roles in ensuring the Bill functions effectively across different parts of the UK. No specific action is requested beyond supporting these clauses.

Key Facts

  • Clause 75 removes loopholes by applying measures in the bill to the parliamentary estate.
  • Clause 76 allows regulations made under the Bill to include consequential, supplementary, incidental, transitional or saving provision for different parts of the UK.
  • Clause 78 outlines the territorial extent of the Bill: part 1 applies to England and Wales, part 2 to Scotland, part 3 to Northern Ireland, and parts 4, 5, and 6 apply to the whole of the UK.
  • The new clause reflects provisions already in place in Scotland since 2017.
  • A survey of independent UK tobacco retailers showed that 83% supported mandatory age verification for those under 25.
  • The Scottish legislation is supported by guidance from the Scottish Government and trade bodies.
  • New clause 6 would introduce a requirement for businesses in England and Wales to operate an age verification policy for customers who look under the specified age.
  • From January 2034, anyone born on or after January 1, 2009 will be required to verify their age if they look like they are below this threshold when purchasing tobacco products.
  • Retailers already follow recommended practices and do not need to ask for ID every time if they know the customer.
  • New Clause 2 would require the Secretary of State for Health and Social Care to consult on proposals for regulating prices and profits of tobacco manufacturers and importers.
  • The clause aims to limit big tobacco's ability to market its products without impacting tobacco taxation.
  • Consultations could raise funds from tobacco companies, which might be used to support smoking cessation services in the NHS.
  • The UK currently has some of the highest tobacco taxes in the world, generating up to £10 billion a year.
  • Tobacco duties are set to increase by an additional one-off amount from October 2026.
  • The average price of a pack of 20 king-sized cigarettes has tripled over the past 15 years.
  • A tobacco levy could potentially raise up to £700 million annually but would add complexity to the system.
  • The Secretary of State already has ability to test products and take enforcement action.
  • A £30 million annual funding commitment was announced for enforcement agencies to crack down on illicit tobacco and under-age vape sales.
  • New funding set up an illicit vaping enforcement unit led by National Trading Standards.
  • New clauses would allow the Secretary of State to regulate the sale and licensing of tobacco, vaping, and nicotine products.
  • There are concerns that restricting these products could limit retailer numbers and affect younger people.
  • The government has introduced a track and trace system for tobacco to monitor trade patterns.
  • HMRC operates a tobacco track and trace system.
  • HMRC is consulting on introducing an excise duty and potentially a track and trace system for vaping products, with the consultation closing on 29 May.
  • The Government provides £70 million annually to local authority-led stop-smoking services.
  • An additional £15 million per year supports campaigns to help smokers quit.
  • New clause 9 aims to ban vape product advertising in sports.
  • 7.6% of young people aged 11 to 17 regularly vape.
  • Blackburn Rovers football club has agreed a sponsorship deal for their shirts with a vaping product.
  • Vaping products are already heavily restricted by regulations including bans on TV, radio, internet, and commercial email advertisements.
  • Marketing activity must adhere to strict codes set out by the Advertising Standards Authority (ASA).
  • The Minister has written to the ASA to ensure enforcement of existing regulations.
  • The Government will propose formal steps to impose further restrictions on e-cigarettes.
  • New Clause 11 enables the Secretary of State to approve laboratories for testing product requirements of nicotine-containing vaping products and requires manufacturers to provide samples for testing.
  • New Clause 13 mandates a report within 12 months of Royal Assent examining the case for giving the MHRA explicit power to request samples, test products, recall non-compliant products, and be notified by local trading standards authorities.
  • In 2021, Labour voted for an amendment to crack down on vapes marketed to children.
  • The number of British children aged 11 to 17 who are vaping regularly has more than trebled to over 140,000.
  • One in five children have now tried vaping.
  • Clause 73 allows Ministers to create new exceptions to publication as part of the notification scheme.
  • New clause 13 would require the Secretary of State to produce a report on whether the MHRA should have additional powers.
  • The current notification system is not an enforcement tool but relies on trading standards to ensure compliance.
  • Independent laboratories in Kent are testing for specific ingredients and harmful substances, supported by the MHRA.
  • The ban on smoking in indoor public places has been successful since its introduction in England in 2007.
  • Vaping is less harmful than smoking but there are grave concerns about young people initiating vaping.
  • Public Health England produced guidance regarding the use of vapes in public places and workplaces in 2016.
  • Many businesses have introduced their own bans on using vapes where smoking is prohibited.
  • The Minister acknowledges the significant health impacts of smoking and youth vaping.
  • The ban on marketing and sale of vapes to children will be welcomed by many people across the country.
  • Several organisations, including Cancer Research UK, HM Revenue & Customs, and Asthma + Lung UK, have been involved in the Bill's proceedings.
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