Report Stage for the Tobacco and Vapes Bill: Day Two – steady progress and strong consensus

Last night was a significant milestone for the Tobacco and Vapes Bill with Report Stage being completed in the House of Lords! Unlike the first day, there were no votes, and many of the debates reflected a broad consensus across parties in support of the legislation and its aims.

Here are the bits of the debate, in case you missed it! 

Peers agreed a set of government amendments designed to strengthen how the legislation will operate in practice.

These included technical amendments to support enforcement and ensure councils can easily enforce the law and provisions requiring the government to conduct a formal review of the legislation between four and seven years after it comes into force. This will allow Parliament to assess how the measures are working and whether any changes are needed. 

Peers also agreed amendments giving ministers powers to regulate the technological aspects of vaping products. Liberal Democrat peer Earl Russell highlighted why such powers are increasingly necessary, citing current examples of how technology is being used to “gamify” vaping devices. These features - including digital counters, apps and reward-style functions - risk making products more appealing to children and young people.

As on previous stages of the Bill, some peers returned to the question of whether cigars should be treated differently from other tobacco products.

Supporters of the cigar industry argued that cigars pose fewer health risks and should therefore be subject to different rules. However, the government did not support further special treatment for the sector.

Ministers reiterated that the legislation is not intended to close small businesses but made clear that creating additional exemptions for cigars was not justified within the overall framework of the Bill.

Lord Young brought forward an amendment on behalf of the All-Party Parliamentary Group on Smoking and Health calling for the government to develop a roadmap to a smokefree country. The proposal would require the government to set out how it plans to maximise the impact of the legislation and support more smokers to quit.

The amendment received support from peers across the political spectrum, including Liberal Democrat and Conservative members of the House. Among those speaking in favour was former Conservative Health Secretary Lord Lansley.

One of the most substantial debates of the day centred on whether the legislation could face legal challenges under EU law in Northern Ireland due to the Windsor Framework.

Lord Forbes, an ASH trustee, spoke authoritatively on this issue. Drawing on legal advice commissioned by ASH from experts at the University of Liverpool, he explained that, while the smokefree generation policy is novel and therefore untested in the courts, there is no reason to believe it would be incompatible with EU law given existing case law.

He also highlighted the long history of the tobacco industry using litigation to delay legislative measures around the world. Lord Forbes referenced an event hosted by ASH which brought together advocates from Pakistan, Kenya and Zambia to describe how the industry had taken their governments to court in attempts to block tobacco control policies.

Peers also debated the role of flavours in vaping products. Many recognised that flavours can play a role in attracting children and young people, but also acknowledged that they are important in helping adult smokers switch away from cigarettes.

Some amendments sought to restrict the government’s powers to regulate flavours. Ministers did not accept these changes, arguing that flexibility is needed in order to respond to emerging evidence and market developments.

However, the government also acknowledged the importance of flavours for adult smokers who are trying to quit and emphasised that any future regulation would proceed carefully and be subject to consultation.

The final group of amendments concerned the Bill’s powers to introduce smokefree and vapefree places.

Baroness Walmsley moved an amendment that would see all pavement licences become smokefree, making these spaces healthier and more enjoyable. She questioned the assertion that smokefree spaces in hospitality have a negative impact on businesses saying “less than 12% of the population smoke, so the financial viability of the hospitality industry is clearly not dependent on the continued consumption of tobacco” and that she hoped that the Minister would  “consider looking at the pilots for smoke-free pavement licences to assess the economic relationship between the hospitality sector and smoking”. 

Some peers raised concerns that restrictions on vaping - including potential limits on advertising and use in hospitality settings - could have negative consequences for businesses in the sector.

Others stressed the importance of communicating the policy carefully to avoid worsening public misperceptions about vaping, which already lead many smokers to believe that vaping is as harmful as smoking.

In response, the government reiterated that it intends to get the balance right and confirmed that any future regulations in this area would be developed through consultation.

The final day of Report showed that cross party support for the Bill is as strong as ever. Frontbench teams supported the Government in the amendments they brought forward and reiterated their overall support for the Government's objectives with the Bill.

Whilst some critics voiced that they felt this constituted a lack of opposition, ASH commends political parties for ensuring that tobacco control remains a non-partisan issue where there are no political points to be scored.

The Bill now faces one final stage in the House of Lords - Third Reading - which is scheduled for Monday 9^th March. After that it will return to the House of Commons so that MPs can consider and confirm the amendments made in the Lords.

With that final step, the Tobacco and Vapes Bill remains on track to complete its passage through Parliament and become law by the end of April.