What does the Tobacco and Vapes Bill actually do?

The new Tobacco and Vapes Bill passed its first vote in the Commons with a stonking majority of 383 ayes versus 67 noes (that’s yes and no to the rest of us!). Currently, a committee of 17 MPs is going through it line by line before it heads to the House of Lords. As the Bill makes its way through Parliament, it’s important to look at the detail and explore what the Bill does, and doesn’t, do.

The ‘big win’ in the Bill is the creation of the Smokefree Generation. I personally like calling it “Smokefree Generations” as no one born in or after 2009 will ever be legally sold tobacco products. This is huge. It’s genuinely something that, just a few years ago, would’ve felt like some kind of utopian fantasy. But it is now becoming a reality. No one wants their children to smoke, and this Bill ensures just that.

The Bill is also an exercise in legislative ‘tidying up’ and closing loopholes. When we regulate a product over many decades with lots of different pieces of legislation it can mean that industry can adapt their products to get around the law. Heated tobacco products are an example of this. They are currently covered by laws written to regulate other forms of tobacco, most often smoked tobacco. The new Bill ensures there is no ambiguity that these products should be treated in the same way as other tobacco products and closes down any real or perceived loopholes. The Bill brings all tobacco products under the same regulations and ensures that whatever industry comes up with next, we have flexible laws that can respond.

Another significant measure is the introduction of a licensing scheme for selling tobacco products. Many might be surprised to learn that, unlike alcohol, selling tobacco requires no licence. This makes enforcement around issues like illicit tobacco and age-of-sale violations more challenging. While the Bill itself doesn’t create this scheme, it grants the Government the powers to do so. We can expect a consultation and more legislation on the scheme itself after the passage of the Bill.

Vapes are a valuable tool for quitting smoking - over half of those who quit smoking in the last five years (2.7 million people) reported using vapes to help them. However, the rise in vaping among young people – particularly those who have never smoked – is a concern.

We are all familiar with the way that many vapes are marketed: bright colours, ‘cute’ flavour names and often displayed alongside toys and sweets. The powers in the Bill will allow the Government to put a stop to this. The Government will also be able to regulate product design, standardising what vapes look like.

The proposed licensing scheme for tobacco will also cover vapes and other non-medicinal nicotine products. Once the Bill and related regulations are passed, shops will need a licence to sell these products.

A new provision in the Bill allows the Government to regulate where people can (and can’t) smoke and vape. Any restrictions will require public consultation before implementation, so nothing is set in stone just yet.

Most of the coverage of this issue has focused on the leak published in the Sun in August regarding smoking in outdoor hospitality settings. The Secretary of State has ruled this out for the consultation in England following the Bill’s royal assent, saying that instead they will consult first on areas outside schools, children’s playgrounds and hospitals.

The Bill also gives the Government the power to make any smokefree space vape-free. Care must be taken to ensure new regulations don’t inadvertently undermine the use of vapes for smoking cessation.

The Tobacco and Vapes Bill is absolutely world-leading and is a huge step to achieving a country where no one starts smoking. However, there are still 6 million current smokers in the UK, and changing the legal age of sale will not impact them.

MPs in the All-Party Parliamentary Group (APPG) on Smoking and Health have tabled several amendments to strengthen the Bill. These include:

• Granting local authorities the powers to make local spaces smokefree.
• Introducing health warnings on individual cigarettes.
• Consulting on a “polluter pays” levy, requiring tobacco companies to pay for stop smoking services.

Some measures in the Bill will impact NHS and local cessation services for current smokers. For example, regulations around vape-free places and the ban on vending machines have been flagged by mental health trusts as potentially disruptive to services using vapes to help smokers quit. It’s vital that the Government listens to these concerns and provides detailed guidance and support to ensure the priority remains helping smokers quit this deadly addiction.

Helen Duffy, Public Affairs Lead at ASH.

• To find out how you can help support the Tobacco and Vapes Bill, visit our dedicated webpage.