Report Stage for the Tobacco and Vapes Bill: What happened!

If you were following the first day of Report stage of the Tobacco and Vapes Bill in the House of Lords last night, you’ll know it was a significant moment for public health.

Here’s our round-up of what happened- the wins, the sticking points, and what it all means for the road ahead.

The headline moment of the evening was a clear and resounding vote in support of the generational sales ban.

Peers rejected an amendment that would have replaced the policy with a one-off increase in the age of sale to 21.  Tobacco companies have called for this concession (despite also opposing such a change currently under discussion in The Netherlands).

The amendment was defeated by 246 votes to 78. 

That margin sends an unmistakable message. Across parties the House of Lords stood firmly behind the principle that children born on or after 1 January 2009 should never be sold tobacco.

Front bench health spokespeople for the three main parties all spoke and voted in favour of the generational ban, underlining the cross-party consensus that has defined this legislation from the start.

As we said in our press statement, this is a historic step towards ending the harm caused by smoking and it keeps the UK firmly on course to become smokefree.

One of the most significant developments of the evening was the Government tabling amendments to give themselves powers to regulate cigarette filters - including the power to prohibit their manufacture and sale.

This follows sustained calls from ASH and partners to tackle what has been described as “filter fraud”: the decades-long deception that filters make cigarettes safer when, the truth is, they provide no health protection to smokers. 

If these powers are used to prohibit filters, the UK could become the first country in the world to do so.

The amendments would allow Government to act on:

• Advertising and packaging of filters
• The manufacture, sale or possession with intent to supply filters
• Wider regulatory controls

During the debate Baroness Merron committed the Government to engaging in a call for evidence to build the insights needed to progress this policy. 

This is a huge step forward in tackling both the health and environmental harms of so-called filters They were introduced in the 1950s to provide false reassurance to smokers when evidence emerged that smoking causes lung cancer and were described by the industry as an “effective advertising gimmick”. 

Today, most smokers still wrongly believe they offer some protection from the harms of smoking. Meanwhile, cigarette butts are the most littered item in England and a major source of pollution. 

This move strengthens the Bill’s public health ambition, tackling not only addiction but also misinformation and environmental harm. A ban on filters would likely prevent uptake and incentivise quitting while tackling environmental harms. 

The Government also agreed to exempt mental health settings from the ban on vape vending machines.

This is something ASH and the Mental Health and Smoking Partnership have raised with the Government recognising the specific and complex needs of people in mental health inpatient settings, where access to safer nicotine products can play a critical role in managing tobacco dependence.

We welcome that the Government has heard the concerns of mental health providers with this pragmatic and compassionate decision.

There were significant attempts by the cigar industry to secure exemptions on the face of the Bill.

They did not succeed.

No carve-outs were granted. The Minister assured business that, when regulating packaging, the Government would conduct an impact assessment. She also made it clear that: “it is absolutely not this Government’s intention for any future packaging requirements to put any small businesses, including specialist tobacconists, out of business”.

However, the integrity of the legislation remains intact. The Bill continues to apply consistently across tobacco products and is future proofed. 

While there was much to celebrate, one key issue remains unresolved.

There was no progress on introducing a levy on tobacco companies to ensure the industry that causes the harm contributes directly to the costs of tackling it.

A polluter pays approach remains unfinished business- and we will continue to press the case.

Last night showed three things clearly:

1. The generational ban commands strong cross-party support.
2. Parliament is willing to confront long-standing tobacco industry deception.
3. The UK continues to lead globally on tobacco control.

The next stage of Report continues on 3rd March. We’ll be back with another “What happened last night?” when it does. 

For now, thank you to all our partners and supporters who have helped get us to this point. Together, we’re closer than ever to a smokefree future.