Gregory Stafford MP: speeches

Speeches

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  Things haven’t got that bad yet.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  Forgive me; I am not sure I fully understand the hon. Member’s point in relation to what I was just saying, but that is probably because I have not explained myself well enough, not because he has misunderstood it. I entirely agree that the advertising of tobacco and vape products should be banned, and I agree with the sentiment and the outline in the law. All I am saying is that when the Minister or the relevant authority seeks to prosecute somebody for this offence, there may be occasions, given the complexity of the internet these days, when people may not know that their website is hosting said adverts. I do not want to labour that point again, but I am sure the Minister can respond.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  I do not intend to opine for very long on these clauses, because they have been covered amply by my hon. Friends. I caveat everything I am about to say with an absolute commitment: I continue to believe that this is the right Bill, that the clauses that we are discussing are the right clauses, that we should be trying to stop people smoking tobacco products and that people under 18 should not have any access to vapes. However, I have mentioned on a number of occasions that vapes could be and are used as a smoking cessation tool. This is why I perhaps go further in my desire than the shadow Minister does in relation to the amendments that she has put forward. I do not know whether she will press them, but I do ask the Minister to think about the issue of smoking cessation. The shadow Minister talks about how someone who is promoting smoking cessation might fall foul of these rules as they are written—the Minister shakes his head, and I am sure that he will be able to give us reasons for that in a minute. I would go one step further. For example, we allow the promotion and advertisement of gums and nicotine patches, because they are classed as a medical product, being effective smoking cessation tools. Of course we do not want anybody who does not smoke, either an adult or a child, to be chewing nicotine gum or wearing nicotine patches—to be frank, I am not clear whether there is any evidence that they do, but I suspect they are not seen as, to use the word I think the Minister used last week, “sexy”. I do not think anyone thinks that chewing gum is particularly sexy, and certainly a patch on the arm is not sexy, so I accept that those are not in the same bracket as a vape with colourful packaging and so on. However, gums and nicotine patches are monitored by the MHRA. I know that the Minister has indicated that a new home is being sought for vapes, but as it stands in the law, they would be monitored by the MHRA. If we are going to say that they are in a similar vein to a patch or a gum in terms of smoking cessation, it is possible that we might want to be able to promote and publicise them, maybe through something in a doctor’s surgery or in a maternity ward, as my hon. Friend the shadow Minister said, that says, “Don’t smoke. Instead, use a vape, a patch or a gum.” If that advert in a doctor’s surgery said “gum” or “patch”, there would be no problem, but if it said “vape”, my understanding is that it would fall foul of these clauses. As my hon. Friend said, they may not want to fall foul of the law, but we might want to be able to advertise vapes as a smoking cessation tool in that very limited circumstance and in an appropriate place—that is, in a pharmacy or a doctor’s surgery.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Sir Roger. Clause 47 asserts that part 1 of the Bill and any regulations made under it bind the Crown, but makes it clear that the Crown is not criminally liable under those provisions, as my hon. Friend the Member for Sleaford and North Hykeham said. Instead, acts or omissions by the Crown can be declared unlawful by the High Court. The key Government implication for this clause is ensuring accountability. By binding the Crown, clause 47 ensures that the Government are not exempt from adhering to the same standards and regulations that they set for others, which is entirely appropriate and demonstrates a good commitment to transparency and fairness. There is also a symbolic commitment by the Crown to public health. Including the Crown in these provisions sends a strong signal. The Government recognise the urgency of tackling public health issues and the issues associated with tobacco and vaping, and the Opposition support that wholeheartedly. When we legislate in this House, we need to ensure that the public feel that we are legislating not only for them, but for ourselves as well. Given that the Bill now applies to us, this clause strengthens public confidence in its objectives. On the role of judicial oversight, clause 47 enables the High Court to declare acts or omissions unlawful, which ensures that there is a mechanism for oversight. That preserves the rule of law and offers a balance of powers. However, there are some potential challenges to this clause. While the Crown is bound by the legislation, clause 47 explicitly exempts it from criminal liability, as far as I understand. Some may argue that that creates an imbalance, as individuals and private entities remain subject to prosecution whereas this House does not have criminal liability. Can the Minister clarify whether that is the case? On practical enforcement, applying the legislation to the Crown could raise questions about how enforcement agencies would address non-compliance in Crown-operated facilities, such as this House, Government offices, military bases, and so on. Can the Minister let us know how law enforcement agencies, trading standards and the police would enforce the Bill on Crown properties? Granting the High Court jurisdiction to declare Crown acts unlawful could increase its workload. What discussions has the Minister had with the Lord Chancellor and the Ministry of Justice on overburdening the courts with such matters? Clause 66 amends the Crown application of the Tobacco and Primary Medical Services (Scotland) Act 2010, ensuring that its provisions extend to Crown entities within Scotland. That amendment reinforces the principle of equal application of public health laws. The key implications of this clause are to do with consistency across the jurisdictions, as we have talked about on other clauses. Extending the application of the 2010 Act to the Crown entities ensures that public health measures are uniformly applied across Scotland, irrespective of whether the premises are privately owned or Crown-owned. The clause also enhances legal cohesion. Aligning the legal obligations of the Crown with those of private entities enhances the coherence of Scotland’s public health framework, reducing the ambiguities that might arise were this clause not in the Bill. The clause also promotes accountability. By amending the 2010 Act, it eliminates any loophole that might allow Crown entities to operate outside the scope of the tobacco control measures. However, there are some challenges around what I would describe as intergovernmental co-ordination—that is to say, co-ordination between the Westminster Parliament and the offices and authorities that act for it, and the devolved Administrations. Implementing these provisions will require significant co-ordination between the Department of Health and Social Care in the UK and the relevant Ministries and Departments in the devolved Administrations. I was heartened by what the Minister said about cross-devolved-Administration working. It would be good to know whether that continues to be the case on these provisions. As we all know, working across England, Wales, Scotland and Northern Ireland, with their various different bodies, does create challenging and resource-intensive actions, due to the fact that they all operate slightly differently and have slightly different thresholds for legal prosecution. As my hon. Friend the Member for Sleaford and North Hykeham has said, when it comes to charging, there are different levels of fine and sentencing in the different administrations. While health is a devolved matter, this clause’s intersection with those reserved powers could prompt debate about the limits of legislative competence between those authorities. Clause 134 is the Crown application of advertising and sponsorship restrictions and extends advertising and sponsorship restrictions under the Bill to Crown bodies.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  The shadow Minister quite rightly asked the Minister why there is a 48-hour period; it would be helpful to understand if that is just a standard period. What I am not clear on is what happens during, or indeed after, that period. Is the 48-hour period for some kind of destruction of the illicit substance? Is it for investigation? If His Majesty’s Revenue and Customs for whatever reason breaches the 48-hour period, what recompense can the importer receive? Should they receive any kind of recompense, given that they are likely to be importing a banned substance?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I agree entirely with my hon. Friend. He has two Windsor castles in his constituency: the big one where the royal family lives and a Lego model of it at Legoland. The enforcement of this clause should apply equally to Legoland and the real Windsor castle. But I agree that there is a power imbalance: it is unlikely that trading standards enforcement officers from the royal borough of Windsor and Maidenhead will go into Windsor castle.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I very much hope there is no difference, and that is precisely my point: we need consistent enforcement across the piece—across the country—in line with the restrictions we already have on the sale and advertising of other items. That does not take away from the point that doing that will be a very complex procedure. As we are moving towards a tobacco-free generation, it would be helpful if the Minister could let us know how that enforcement will be done across Crown entities and the Crown Estate. The second point is around the legal ambiguities. Applying advertising restrictions to Crown entities might create legal ambiguities, particularly where such entities operate under multiple regulatory frameworks, which goes back to the point made by my hon. Friend the Member for Windsor about who might be enforcing them and where. The final point is about resource allocation. Ensuring compliance with advertising restrictions may require additional resources both within Crown entities and among enforcement agencies. To be frank, I do not know how current licensing laws are enforced here in the Houses of Parliament, for example, but if we bring in this Bill, which I very much hope we do, there may be some resource allocation within the Crown for that. The inclusion of clauses 47, 66 and 134 in the Bill underscores its commitment to governance and legal fairness. However, as I said, their successful implementation hinges on addressing several broader considerations. First, there is what I call enhanced intergovernmental and interparliamentary collaboration. Effective implementation of these clauses will require close collaboration between UK-wide and devolved authorities. Establishing clear channels of communication and joint enforcement mechanisms will be crucial. The second consideration is transparent compliance frameworks. The Government should develop transparent frameworks in order to monitor and enforce compliance within Crown entities. Those frameworks should include clear guidelines, reporting requirements and accountability measures. I do not expect there to be a vast burden on the judiciary but, as I mentioned, we may need to address any potential increases in judicial workload. Additional resources should be allocated to the High Court and other relevant judicial bodies to ensure that cases related to Crown compliance are handled efficiently and quickly. Finally, there needs to be a public awareness campaign. Raising awareness about the application of the clauses can help to foster public support for the Bill by demonstrating to the public that we in the Houses of Parliament and across the Crown Estate are being held to the same standards.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  On a point of order, Sir Roger. There is an hon. Member outside who wishes to come in. I know that the doors have been locked for these Divisions, but is it possible to open the doors so that he can come in and vote on the rest of the motions?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  My reading of this clause is that those events will be restricted under this clause and clauses 66 and 47. It would be useful if the Minister clarified whether or not that is the case. If it is not, would he consider inserting a provision to ensure that it is, either later in our discussions in Committee or on Report? I do not think the public will have any time for us in this place if we regulate those outside but do not hold the Crown Estate and Crown authorities to the same standards. The unified public health messaging in this clause is helpful. Extending the restrictions to Crown bodies strengthens the overall impact of the Bill, ensuring that the advertising provisions are consistent with the public health messaging that we are putting out across the country. It prevents mixed signals. Allowing the Crown bodies to advertise tobacco or vaping products would undermine the Bill’s whole objective. Clause 134 ensures that the Government’s stance and the stance of all Members of the House of Commons present here is not contradicted by its own entities, such as the Crown Estate.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I take the Minister’s point that the clauses are technical, but if we are not here to ensure that legislation is drafted correctly and appropriately, what are we here for?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I make the same assumption as my hon. Friend, given what I have read of the Bill. It would be useful if the Minister clarified that matter. It would be appropriate to ensure that this does cut across all other parts of the Bill. Clause 134 is critical in ensuring that the Crown entities adhere to the same advertising standards as private organisations. We need to have fair competition. It would be a nonsense to say that people could not advertise vapes from a commercial point of view, but that the Crown would be able to advertise. I cannot imagine what that might look like—I doubt Windsor Castle will be emblazoned with a banner advertising vapes, or that Buckingham Palace will fly a tobacco flag, but one never knows. However, it is important that this clause does cover the Crown as well to ensure that there is a level playing field, and to prevent the Crown entities from gaining an unfair advantage through less stringent regulations.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I absolutely agree with my hon. Friend, although it depends what we mean by the Crown; it can have two meanings. Clearly, it can mean His Majesty the King and members of the royal family, and I entirely agree that the work the royal family have done for many years to support charities and organisations that look after the health of the nation is extraordinary and commendable. In that context, I entirely agree that it is unlikely that any members of the royal family would want to promote tobacco or vape products. However, the other meaning of the Crown is, essentially, the Crown as it sits with entities: the buildings, this place—the Palace of Westminster—and so on. As I said, even though it is highly unlikely that the House of Commons authorities, for example, would want to have some sort of promotion of tobacco or vapes, it is incumbent on us to ensure that whatever we do to the public out there is mirrored in this place, to ensure consistency of public health messaging and to show that we are not being held to a different standard from the general public. In clause 134 there are still a couple of potential challenges, which I hope the Minister will respond to. The first is oversight and compliance. Monitoring compliance within Crown entities could be complex. It is relatively easy to see if someone is selling vapes to children: people can be sent in to do mystery shopping, there can be reporting and the Minister—I have not yet said “bongs” in this debate—can see bongs in a shop window. However, how would these provisions be enforced in the Crown Estate, where there is not the same level of public access?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I do not know the answer to that question, but it is an important one to raise. I am not particularly a Formula 1 fan, but I think that my hon. Friend the Member for South Northamptonshire is the chair of the all-party parliamentary group on Formula 1 and Motorsport, so maybe she will be able to intervene at some point and give me the answer. Clauses 47, 66 and 134 represent critical components of the Bill’s governance framework. By applying the Bill’s provisions to the Crown, they reinforce the principles of accountability, fairness and consistency. However, their successful implementation will require careful planning, adequate resources and ongoing evaluation. As legislators, it is our responsibility to ensure that the laws we pass uphold the highest standards of governance, and I urge colleagues on both sides of the Committee to support these clauses and to advocate for the measures necessary to address their potential challenges. Together, we can ensure that the Bill not only advances public health, but sets a benchmark for legal and governmental accountability.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  The clause in essence allows the Secretary of State to regulate emissions from tobacco and nicotine products, ensuring that harmful substances released during use are controlled. This is a vital measure to protect smokers and non-smokers from hazardous emissions. My first question is on that last point: can the Minister confirm that the regulations will be designed to protect those who suffer from second-hand smoke? The evidence on vaping is weak, and the evidence on the effects of second-hand inhalation of vapour from vapes is even weaker, but some studies suggest that it is dangerous, especially given that, according to Public Health England, while cigarette smoke contains more than 7,000 chemicals, 70 of which are known to be carcinogens, there are significant problems—as my hon. Friend the shadow Minister said—from the chemicals that are, and potentially could be, in the vapes. The clause ensures that the regulations can limit the release of those toxic substances and therefore reduce health risks for the users and those exposed to the second-hand smoke. We know that second-hand smoke causes serious health issues, including heart disease and lung cancer. Studies from the World Health Organisation suggest that exposure to second-hand smoke is responsible for 1.2 million deaths globally each year; I suppose, in the world’s population, that does not sound like a vast number, but given the fact that those people have done absolutely nothing wrong and are often, unfortunately, children and young people who suffer smoke from their parents and carers, I think it is worth controlling and regulating. Stronger emission controls would definitely reduce those deaths. As my hon. Friend the shadow Minister said, while vaping has been deemed less harmful than smoking, concerns remain about long-term exposure to certain chemicals in the e-liquids. The clause allows regulators continually to assess and update guidelines on vaping emissions—I welcome that—to reflect the latest scientific advice. I am certain that the industry will push back on this measure, as they have done on many other points, but I hope that the Government are ready for any possible legal challenges on the regulations when they are brought in. Unlike traditional cigarettes, e-cigarettes or vapes have a vast array of formulations, and therefore creating effective regulatory standards that balance the harm reduction with the safety will be complex. Will the Minister outline how he intends to go about that once the regulations are in place?

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Mr Dowd. Focusing on clause 90, my view is that the Government are taking the right step. Some on the Back Benches of my party may not agree, but I think the clause plays a vital role in shaping the future of tobacco control in the UK. The debate surrounding retail packaging regulations is, however, complex and the Minister clearly has to juggle the balance of public health interests, consumer rights, and industry and legal concerns. I believe that clause 90 is a significant legislative step that aims to standardise packaging to reduce the appeal of tobacco and vaping products, and to ensure that consumers are better informed about the health risks while restricting marketing strategies that encourage nicotine use. The primary aim of clause 90 is to safeguard public health. Research from Public Health England and the World Health Organisation has consistently demonstrated that standardised tobacco packaging, free from branding and marketing embellishments, reduces the attractiveness of the products—particularly, as the shadow Minister said, among young people. By extending the regulations to vaping and nicotine products, clause 90 takes a proactive stance in preventing nicotine addiction. I welcome that. Marketing tactics and eye-catching packaging clearly play a crucial role in enticing young people to experiment with tobacco and vaping products. As has been mentioned, studies indicate that standardised packaging reduces the appeal of smoking among young people, reinforcing the message that these products are harmful. Like us, Australia, which implemented plain packaging laws in 2012, has seen a significant decline in smoking rates, particularly among young people. Clause 90 mandates clearer health warnings and restrictions on misleading information on packaging. Research shows that graphic health warnings, as we already have on cigarette packets, and standardised packaging improve consumer understanding of the risks associated with smoking and vaping. That also aligns with international best practices, as seen in places such as Canada and France, where strong packaging regulations have contributed to reduced smoking rates. Although cigarettes are currently subject to strict packaging regulations here, the vaping and nicotine products listed exploit the regulatory gaps used to make attractive branding and misleading claims. Clause 90 ensures that similar restrictions apply to all tobacco-related products, creating a much more consistent regulatory framework. That has the public health benefits I have mentioned but also makes it easier for the consumer to see a standardised product that they understand has implications for their health. Many countries have likewise already introduced stringent packaging laws to curb tobacco and vaping consumption. We should be proud that the UK has long been a leader in tobacco control. Clause 90 reinforces that leadership by adopting global best practices, ensuring that our laws remain in line with international commitments such as the WHO framework convention on tobacco control. Plain packaging has also been shown to reduce the likelihood of relapse among former smokers, by minimising the branding cues that trigger cravings. By eliminating marketing strategies that glamorise tobacco use, clause 90 strengthens the UK’s efforts to support smoking cessation initiatives. Standardised packaging could include sophisticated track and trace systems to help to identify illicit products. Will the Minister be considering that as part of the new regulations he puts forward? These systems reduce counterfeiting and smuggling, ensuring that any tax revenues are protected and that illegal sales do not undermine the well outlined public health efforts. However, clause 90 raises issues that we need to consider. Although it has a number of advantages, it is essential to address some of the concerns that could arise from its implementation. I suspect that I am pre-empting comments that may be made by my hon. Friend the Member for Windsor. There is clearly an impact on consumer choice. Some argue that standardised packaging restricts consumer choice by making it harder to distinguish between products. Although health concerns clearly must take precedence, policymakers must ensure that consumers can still access product information without ambiguity.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  Absolutely, and we heard that clearly in the evidence sessions before we began examining the Bill in detail. However, as Members on both sides have mentioned, the tobacco and vaping industries are extraordinarily innovative in getting around regulations; that is really what I was referring to. That brings me to my next point. The effective implementation of clause 90 will require strict monitoring and enforcement, so local authorities, through their teams, must be equipped with sufficient resource to ensure compliance and tackle any attempts to circumvent the regulations. My final point is about what I call the potential stigmatisation of vapers. We clearly do not want anyone to start vaping, but those who are already vaping or those who may be trying to use vapes as a smoking cessation tool must be taken into account. Although discouraging nicotine use is a priority, the Minister must avoid unintended consequences, such as stigmatising vapers using e-cigarettes as a smoking cessation tool. The regulatory framework should differentiate between the combustible tobacco products and reduced-risk alternatives where appropriate. To ensure that clause 90 achieves its intended objectives while addressing the concerns that I have raised, I ask the Minister the following questions. Will he consider differentiated regulations for vaping products, ensuring that the public health messaging does not inadvertently deter smokers from switching to the less harmful alternatives? We need clear guidelines for implementation, so comprehensive guidance should be issued to businesses, law enforcement and regulatory agencies to ensure smooth implementation. There needs to be a public awareness campaign that complements that to educate consumers about the changes of packaging and reinforce the risks of tobacco and nicotine addiction, and we must have certain timelines for producers so that they understand what the new requirements are and how they will be implemented. We need to ensure that the Government conduct regular evaluation of the effectiveness of clause 90 using data-driven analysis to assess its impact on the smoking and vaping rates, and we need strong law enforcement and border control agencies to prevent the illicit trade and ensure compliance with the regulations. Perhaps this does not need to be said, but the Minister should engage with public health experts and harm reduction advocates to refine the regulations and address any emerging concerns as they come in the future.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  Further to that point of order, Mr Dowd. Generally, such things are agreed between the Whips, but it was not agreed on our side. I put back a counterproposal that I thought was reasonable, and no response was received from the Government Whip.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  I have not seen any evidence of that, but I want to ensure through the regulations that the consumer understands, from a health benefit point of view, what is in the product that they are taking away with them. Unlike tobacco, vaping products are often promoted as a harm reduction tool for smokers who are trying to quit. Some argue that overly restrictive packaging rules could deter smokers from switching to less harmful alternatives, and I urge the Minister to assess how clause 90 affects vaping uptake among smokers seeking cessation tools. As we have heard previously, the tobacco and vaping industries have historically opposed packaging regulations, often challenging them through legal means. Many countries have seen lengthy lawsuits after implementing plain packaging laws. I urge the Minister to ensure that the UK is prepared to defend clause 90 against potential challenges and ensure that the regulations that might come through are legally sound and enforceable. Some critics also warn that overly stringent packaging laws could drive consumers towards the illicit markets, where unregulated products may pose greater health risks. Again, the Government must complement clause 90 with robust enforcement mechanisms to prevent black market proliferation.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  We are talking about clause 92, which concerns the restriction on flavours in vapes. Children are born with tastebuds that are more aligned to sweet flavours, so clearly vapes that are flavoured with sweeter content will be more appealing to children than those that are not. I therefore support the Government’s intention to ensure that, as far as possible, children are not tempted to purchase or are not given vapes under age. Children copy what adults do. They think that it is “cool” to copy things that adults can do that children are technically not allowed to do under the law.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  I am considerably younger—no, that is not true at all, and I certainly do not look it. I do remember the sugar things that look like cigarettes, and although I have said previously that I have never smoked anything, or smoked tobacco, clearly when we had those, we all pretended that we were smoking stuff, because, again, it looked “cool”. When we were children, we forced ourselves to ingest things that we did not like the taste of; I am sure that we can all remember the first time we had a cup of coffee or, for most of us, a beer. We did not actually like the taste, but we pretended to like it until our neural pathways developed in such a way that we genuinely started to enjoy the bitterness and mildly caustic sensation that we experienced. It is also true that girls have a greater sensitivity to sugar and sweet flavours than boys do. That said, children crave, and are craving even more so these days, sweet flavours—often because they have a diet of processed foods that contain more sugar and salt, which train their tastebuds to be even more addicted, for want of a better phrase, to those sweet flavours. Research shows that flavoured tobacco products, especially menthol and fruit-based flavours, make smoking more appealing to young people. We have heard about studies from around the world. The Centres for Disease Control and Prevention in the States found that 80% of young people who use tobacco started with a flavoured product. By regulating the flavours, clause 92 aims to curb that youth smoking initiation and promote healthier choices. The clause aligns us with international standards. The hon. Member for City of Durham has already mentioned Canada, and the European Union has also implemented bans on flavoured tobacco products. Canada saw a 32% decline in youth smoking rates following a ban on menthol cigarettes, and we have also banned menthol cigarettes in this country. However, the Minister needs to consider a study— I think it was in The Lancet —that showed that, despite the ban on menthol cigarettes, the number of people who ingest tobacco via menthol-flavoured means has not diminished significantly in the UK. That is not because they are buying menthol cigarettes illegally or through illicit means, but because the manufacturers have found ways of putting that menthol-based flavour into the products. That can include things such as filters and other things. Indeed, I googled this before I came into the Committee, and I can buy cigarettes—it said, “Great news! There are some great menthol cigarette alternatives available to shop for here.” Presumably that is totally legal and I could buy them in the UK. My point is that the industry will try to get round the Government’s good intentions to ban menthol and other flavours in the vapes market. How does this legislation ensure that any kind of adaptation to a vape that can inject a flavour into it, not just the flavour of the product, is restricted and does not happen?

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  That is very helpful. If I have not already seen it in the evidence packs that have been sent to us, then I will look that up. I move on to clause 91—the features of the product. Implementing the regulations could require significant adjustments from manufacturers. To quote the Minister back to himself, he wants to move “like the clappers” on this. Although I welcome that, there needs to be a period where manufacturers have the opportunity to adapt to the rules.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  Given that the hon. Member for City of Durham has decided not to press new clause 1 to a vote, I will not elaborate on it much, but she did mention that she might bring it back so I will just make a few comments. New clause 1 emphasises putting specific health warnings on individual cigarette papers and cigarettes. The hon. Member mentioned that Canada has introduced this and that Australia is thinking of doing so in coming months, specifically on the butts of the cigarettes. I believe there are warnings such as “toxic addiction” and “poison in every puff”—obviously, the phraseology has to be relatively succinct, given the size of a cigarette. I understand that the point in trying to make it clear to those using the product that it is unsafe, unhealthy and will have negative implications on their health, but I am not aware that there is any substantive evidence to suggest that placing such wording on individual papers or products has a noticeable impact on smoking cessation. If the hon. Member for City of Durham is planning to bring the new clause back later, or if the Minister is minded to pick it up in some way, we—as the Minister said during the debate on clause 90—must be data-driven along these lines. We should not put extra burdens on the producer and customer if there is no evidence that having individualised health warnings on individual cigarette papers and cigarettes has any noticeable effect on smoking cessation.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  I do—not at all.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  Those sound like fairly reasonable timeframes; if the Minister were minded to follow those, I would support him, notwithstanding what I have already said. On clause 91, which I support, we need to ensure that there is a comprehensive stakeholder consultation for whatever the Minister plans to do in this area. There needs to be some kind of phased implementation—by which I mean an eight or nine-month period, or whatever—to ensure that manufacturers can catch up with whatever is being implemented. As I have said previously on other clauses, there must be robust enforcement mechanisms to ensure that manufacturers and retailers comply. Once again, this is all about educating the public about what the legislation means and what they should be expecting. Public education campaigns on this matter are essential.

• 21 Jan 2025 · Tobacco and Vapes Bill (Tenth sitting) · Hansard source

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  On a point of order, Mr Dowd. To be clear, my understanding is that at a new day, we have to stop. Does that mean that the sitting runs until midnight, or can we carry on after that? My understanding is that a new day starts at one minute past midnight or one second past midnight.