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Health and Care Bill - Sitting 20

28 October 2021

Proposing MP
Wellingborough
Type
Public Bill Committee

At a Glance

Issue Summary

MP Peter Bone is discussing several new clauses aimed at regulating tobacco products and e-cigarettes. The statement discusses new clauses aimed at regulating the tobacco industry, including penalties for contraventions and raising the legal smoking age. The statement addresses the Health and Care Bill's failure to include measures to achieve England's smoke-free ambition by 2030. The MP discusses the need for tobacco control measures in the Health and Care Bill to address health inequalities. The MP discusses concerns about e-cigarette regulations and tobacco control measures. The statement discusses new clauses in the Health and Care Bill related to tobacco control measures including health warnings on individual cigarettes, inserts containing health information inside cigarette packaging, and regulations for electronic cigarettes. MP Peter Bone addresses a point of order during the Health and Care Bill discussion. The statement discusses new clauses aimed at regulating tobacco and vaping products to protect public health. Peter Bone is proposing amendments to define 'carers' in the National Health Service Act 2006. MP Justin Madders is discussing new clauses aimed at improving recognition of unpaid carers within the NHS. The statement discusses the need for clarity in identifying unpaid carers, including young and adult carers, and ensuring they can access support. The speaker discusses the complexities and inefficiencies of the UK's continuing healthcare (CHC) system, highlighting issues related to eligibility assessment, funding disputes between NHS and local authorities, and inconsistent delivery across different areas. MP Peter Bone proposes a new clause requiring the Secretary of State to introduce regulations for alcohol product labelling. The statement discusses the need for mandatory health and nutritional information on alcohol products. The MP is discussing a new clause that would require an annual report on alcohol treatment services. Alex Norris moves a new clause to require the Secretary of State for Health and Social Care to publish an annual statement on alcohol treatment services' funding and impact.

Action Requested

Peter Bone is proposing new regulations that would require health warnings on individual cigarettes, leaflets in cigarette packaging with health information, prohibitions on branding elements attractive to children for nicotine products, restrictions on the sale and distribution of nicotine products to those under 18, prohibition of all flavouring in tobacco products and accessories, and regulation of prices and profits of tobacco manufacturers and importers.

Key Facts

  • New Clause 29 would require health warnings on individual cigarettes.
  • New Clause 30 proposes leaflets with health information inside cigarette packaging.
  • New Clause 31 aims to prohibit branding elements on e-cigarette packaging that are appealing to children.
  • New Clause 32 prohibits free distribution or sale of nicotine products to anyone under 18, except for licensed medicines or medical devices.
  • New Clause 33 seeks to ban all flavouring in tobacco products and accessories.
  • New Clauses 34-35 would enable regulation of prices and profits of tobacco manufacturers and importers.
  • New clause 36 enables penalties of up to £5 million or a daily penalty not exceeding £500,000 for contraventions.
  • New clause 38 allows raising the legal smoking age from 18 to 21.
  • These measures aim to regulate prices and profits of tobacco manufacturers and importers.
  • The Government's prevention Green Paper promised further action on smoking by 2030 but failed to deliver.
  • Cancer Research UK projects England will miss its smoke-free target by seven years overall, with an even longer delay for disadvantaged groups.
  • New clauses aim to tackle loopholes in tobacco regulations and increase public health funding through a 'polluter pays' levy on tobacco manufacturers.
  • About one in seven adults smokes.
  • There were 1,167 smoking-attributable deaths in Nottingham between 2016 and 2018.
  • Cigarette pack inserts have been a legal requirement in Canada since 2000.
  • E-cigarette shops offer vape liquids with branding targeted at young people.
  • New clause 32 addresses the loophole allowing free samples of e-cigarettes to minors.
  • In May 2020, there was a ban on selling tobacco with characterising flavours like vanilla, spices, and menthol.
  • Between January 2020 and 2021, smoking of menthol cigarettes did not decline despite the apparent ban.
  • Japan Tobacco made over £91 million in profits from menthol brands since May 2020.
  • Action on Smoking and Health (ASH) estimates a comprehensive tobacco control programme would cost about £315 million annually.
  • ASH's estimate for a 'polluter pays' levy is around £700 million.
  • New clause 29 seeks to require tobacco manufacturers to print health warnings on individual cigarettes and cigarette rolling papers.
  • New clause 30 aims to provide power for the Secretary of State to introduce a requirement for health information inserts inside cigarette packaging.
  • The current regulations prohibit using inserts in cigarette packages due to limited evidence of effectiveness.
  • A post-implementation review (SPOT) is underway to assess whether existing regulations have met their objectives and will be published before the end of the year.
  • New clause 31 seeks to enable legislation for retail packaging and labelling requirements for electronic cigarettes, including health warnings and prohibitions on branding attractive to children.
  • The Tobacco and Related Products Regulations 2016 include restrictions on marketing e-cigarettes and prohibit advertising in mainstream media.
  • Regular youth use of e-cigarettes remains very low at about 2% of 11 to 15-year-olds (data from 2018).
  • New clause 32 seeks to prohibit the free distribution or sale of nicotine products to anyone under 18, with an exception for nicotine replacement therapy licensed for use by under-18s.
  • MP Peter Bone is addressing a point of order.
  • New clause 31 seeks to change the current flavour ban for cigarettes and hand-rolling tobacco to all tobacco products.
  • Tobacco taxation matters are within Her Majesty’s Treasury jurisdiction, focusing on raising revenues and encouraging cessation through high prices.
  • The Government aims to reduce smoking rates further by exploring additional regulatory measures in their new tobacco control plan.
  • The amendment amends Section 275 of the National Health Service Act 2006.
  • It includes definitions from Sections 10, 96, and 97 of the Care Act 2014, and Sections 96 and 97 of the Children and Families Act 2014.
  • The amendment also references Section 1 of the Carers (Recognition and Services) Act 1995.
  • New clause 39 would put on a statutory footing the requirement for integrated care boards to collect information on carers.
  • New clause 40 aims to define 'carer' as unpaid carers only, not volunteers or paid staff.
  • Surveys show that 55% of carers feel invisible to the NHS and 56% agree that health services do not share essential information with them.
  • Carers already have legal rights to assessments and support from local authorities.
  • In 2019-20, 376,000 unpaid carers were assessed, reviewed, or supported in England.
  • New clause 40 introduces a definition of carer that includes young carers, parent carers, and adult carers to ensure they benefit from measures related to carers.
  • Continuing healthcare is a significant source of contention between NHS and local authorities.
  • Clinical commissioning groups have legal responsibilities to meet the health and care needs of eligible individuals but often fail to do so adequately.
  • A Public Accounts Committee inquiry in 2018 found that NHS England does not ensure CCG compliance with CHC requirements.
  • The Parliamentary and Health Services Ombudsman warned in November 2020 about people being let down by CHC handling failures.
  • The new clause requires regulations to ensure alcohol products display Chief Medical Officers’ low risk drinking guidelines.
  • Alcoholic drinks must also include warnings about the dangers of consumption, especially during pregnancy, and the link between alcohol and cancer.
  • A full list of ingredients and nutritional information is required on each product.
  • There are no legal requirements for alcohol products to include health warnings or calorie information.
  • About 80% of people cannot identify the number of calories in a large glass of wine.
  • One in three people are unaware that it is safest not to drink during pregnancy, and an estimated 41% of women consume alcohol during pregnancy.
  • A survey found that 75% of people want unit information on labels, 61% want calorie information, and 53% want sugar content displayed.
  • The Alcohol Health Alliance review showed that only 7% of alcohol product labels display full nutritional information including calories.
  • The new clause would mandate a yearly report starting at the beginning of each financial year.
  • The report will cover support for tackling excess mortality, hospital admissions due to alcohol consumption, and disease burden from alcohol.
  • It includes assessing the number of people identified as needing treatment who are actually receiving it.
  • Each day in the UK, 70 people die from alcohol-related causes.
  • Alcohol is linked to over 200 different diseases and injuries.
  • The NHS spends £3.5 billion annually on treating alcohol-related issues.
  • Only one in five dependent drinkers were believed to be receiving treatment prior to the pandemic.
  • Between 2016 and 2018, more than two-thirds of local authorities in England cut their alcohol-treatment budgets, with cuts over 50% in 17 cases.
  • St Mungo’s estimates that funding cuts meant 12,000 fewer rough sleepers accessed support in 2018-19 compared to 2010 levels.
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