Lord Bethell (Con)

My Lords, my amendment is grouped with Amendment 199, in the names of the noble Baronesses, Lady Northover and Lady Walmsley, and Amendment 193, in the name of my noble friend Lord Young of Cookham. I repeat my declaration of interest that my wife is a non-executive director of Tesco. I will speak to my own amendment and leave it to others to speak to theirs. I remind noble Lords that the ambition of the Bill is nothing less than the wholesale eradication of smoking. I laid out the costs of smoking to our society in my Second Reading speech: the immense economic impact on our national finances, the relentless pressure on our health system, the toll on our human capital and the deep corporate injustice that sees tobacco companies profit while society, particularly the poorest, pays the price. I also laid out the benefits of getting rid of smoking, so I will not detain noble Lords by restating that. The purpose of my amendment, and the opportunity presented by the growth of vaping, is a natural extension of the Bill���s intent: a logical, fair and legally robust endpoint, in 2040, to the regulatory ratchet that is already contained within the Bill. It would give clarity and confidence to consumers and industry alike, deal with the long tail of divided rights between generations and be fair to retailers, offering certainty, managed transition and guidance towards new business models. We know that a hard stop with a long run-up can work because we have done it plenty of times before. Under John Prescott, the Asbestos (Prohibitions) (Amendment) Regulations 1999 completed a phased ban that took nearly two decades and provided industries with time-limited exemptions and sunset clauses. Today, I am pleased to say that workplace asbestos exposure has fallen by 80%. Another example of a full-stop measure was the phase out of leaded petrol, initiated in 1987 and completed in 2000, which gave manufacturers and motorists 15 years to adapt. I am pleased to say that lead levels in urban air have fallen by 94%. Thirdly, the elimination of CFCs under the Montreal protocol, signed in 1987 and implemented through UK regulations in the 1990s, relied on structured deadlines and support for innovation. I am pleased to say that global CFC consumption has dropped by 98%. Each of those measures that tackled toxins that poisoned our society followed the same formula: clear deadlines, fair transitions and decisive action. Each was thoroughly opposed by the industry. There were warnings of economic collapse on each occasion, but none of that came to pass. Instead, we emerged with a healthier, safer and more innovative society. Let me explain how this amendment—the “extinction 2040” amendment—might operate in practice. Proposed new subsection (1) would provide for the prohibition of the sale of tobacco products to any person in the United Kingdom from 1 January 2040, thereby establishing a complete stop date for smoking. Proposed new subsection (2) specifies that all licences to sell tobacco and tobacco retail registrations would be invalid as of midnight on 1 January 2040. In other words, the licences currently administered by local authorities under powers anticipated in Clause 58, which establishes a national tobacco licensing regime, would be ended. Local councils in Scotland already operate such schemes under the Tobacco and Primary Medical Services (Scotland) Act 2010, and similar powers will be extended to England and Wales on Royal Assent. Proposed new subsection (3) would impose a mandatory duty on the Secretary of State. It states that, within 12 months of the Act passing, the Secretary of State would “lay before Parliament a strategy for … implementing the complete prohibition”. This strategy must address four elements. Proposed new subsection (4) would require “provision for a phased reduction in tobacco product availability beginning not later than 1 January 2030”. This would be delivered through progressive amendments to licensing regulations issued under Clause 58, reducing the number of retail authorisations by geographic area, imposing proximity restrictions near schools and health facilities and ultimately restricting sales to larger retailers with compliance infrastructure. This task would fall jointly to the Department of Health and Social Care, His Majesty’s Revenue & Customs, the Office for Health Improvement and Disparities and the National Centre for Smoking Cessation and Training. In practice, phased reduction means progressive tightening of retailer licensing, initially capping licensing numbers per local authority, then applying proximity restrictions and ultimately withdrawing licences from smaller retailers, while allowing supermarkets to transition shelf space to vaping devices and alternatives—products that the Government already support as harm-reduction tools. This plan aligns with changing consumer behaviour. Smoking prevalence is falling and retailers are diversifying, as we have discussed. On enforcement, proposed new subsection (3)(c) would require “strengthening enforcement mechanisms to prevent illicit trade”. This responsibility falls to HMRC under the existing powers of the Tobacco Products (Traceability and Security Features) Regulations 2019 and Schedule 23 to the Finance Act 2020, which authorises civil penalties and empowers HMRC to deactivate economic operator identification numbers. Trading standards officers provide complementary enforcement. Critically, this system already exists and is cost neutral, as penalties, duty recovery fund operations and phased withdrawal of the legal market actually reduce illicit activity by cutting demand. Finally, proposed new subsection (3)(d) would mandate “enhancing smoking cessation services to support individuals ahead of the 2040 prohibition”. The Government have already committed £70 million annually to local stop smoking services, distributed to upper-tier local authorities based on smoking prevalence. This funds the National Centre for Smoking Cessation and Training and NHS community pharmacy services, which offer nicotine replacement therapy and behavioural counselling. Scaling this architecture over 15 years would ensure that, by 2040, the vast majority of current smokers would have been supported to quit, minimising enforcement costs and public backlash. This amendment would work with the grain of existing systems, emerging technologies and declining smoking rates. It would assign clear responsibilities to established agencies: local authorities for licensing; HMRC and trading standards for enforcement; the DHSC and OHID for cessation. It would grant a 15-year transition period, ensuring fairness to industry and retailers. A complete prohibition by 2040, with phased reductions and cessation support, would generate measurable productivity gains for our economy, savings for the NHS and reduced economic inactivity, likely reducing the costs of our national debt within a decade. Crucially, this amendment could be scored by the Office for Budget Responsibility. We stand at a crossroads. This Bill could be remembered in two ways: as a high point for incrementalism, a policy that is cautious and takes a century to work, that is not registered economically and is complex; or it could be the beginning of a more emphatic approach to regulation where Britain stops tinkering and starts deciding. I believe that we should choose the second path—the evidence supports it and so do the public. It is not my intention to push this amendment, but I urge the Minister to consider it seriously. If she cannot find a place for it in today’s Bill, could she comment on how the department might study such a measure for a future Bill?