Baroness Merron (Lab)

My Lords, I am grateful for the contributions in this debate. Amendment 123 was tabled by the noble Baroness, Lady Northover, and spoken to by the noble Baroness, Lady Walmsley. Clause 89, which I will refer to later as well, already gives the Secretary of State powers to regulate packaging, while Clause 13 already provides powers on display that can set requirements as to where products can be sold. The noble Baroness, Lady Walmsley, asked about evidence. There is evidence that removing branding and standardising packaging reduces a product’s appeal to young people, as the noble Baroness alluded to, while having little impact on adults. However, I can say that we will consult on proposals before making regulations. The noble Earl, Lord Howe, has referred to this issue a number of times and I agree, because we are conscious of the need to ensure a balance between dissuading young people from taking this up while not dissuading adult smokers from quitting. On the point about research, through the National Institute for Health and Care Research, we continue to fund high-quality research, including research on the packaging of vapes and nicotine products, and I am glad to say that that is due to conclude later this year. While I understand the intention of the noble Baroness, Lady Walmsley, to reduce the appeal and visibility of these products, and I acknowledge her concerns, her amendment does seek to set the requirements in the Bill. As the noble Earl, Lord Howe, referred to, we have a statutory duty and we would be wise to consult on these issues, because we need to ensure, as the noble Earl said, that any restrictions are proportionate and evidence based. However, I reassure the noble Baroness that these are areas on which we will be acting. On Amendment 136A, tabled by the noble Lord, Lord Udny-Lister, under the Tobacco and Related Products Regulations 2016, vaping products, as has been referred to in this debate, are already limited to 2 millilitres for tanks and 10 millilitres for refill containers. Over recent years, some manufacturers have developed devices where multiple refill containers can be attached to a single device as a means to circumvent the legislative requirements and restrictions. I want to assure the noble Lord that Clause 90 provides the powers to amend or place additional requirements and limits on vape tank sizes and the size of refill containers. It is vital that we undertake the necessary consultation, because we wish to make sure that our regulations are based on the best possible evidence related to tank capacity limits and that we do not have unintended consequences for adult smokers who use vapes as a quit aid, something I know is of concern, and rightly so, to noble Lords. It is therefore more appropriate for such detailed technical measures to be introduced through secondary legislation. Our recent call for evidence sought views specifically on tank sizes to better understand current market practices and we are, as I mentioned in an earlier group, currently analysing responses and will consider our proposals for consultation post Royal Assent. Finally, I turn to Amendments 125 and 134, tabled by the noble Lord, Lord Moylan. I begin by assuring noble Lords—and the noble Lord, Lord Moylan, suggested I would do this—that Clauses 89 and 90 already provide powers for the Government to regulate information on vape devices and packaging, including flavour descriptors. I draw the attention of noble Lords particularly to Clause 89(3), which is a non-exhaustive list of the kind of provision that regulations could make, including in paragraph (b), “the information provided on packaging or otherwise supplied with a product”. I have listened carefully to the concerns expressed by noble Lords about potential unintended consequences of implementing flavour restrictions too rapidly or stringently, and I understand the points that noble Lords have made about the role that flavoured vapes can play in helping adult smokers quit, something the noble Baroness, Lady Fox, mentioned. Certainly, the noble Lord, Lord Moylan, did a very fine job of inviting us into the world that he has experienced in this regard. In that spirit, I can confirm the Government’s commitment to consult on regulating flavour descriptors as a first step before considering broader restrictions on flavoured ingredients. This commitment reflects our intention to adopt a proportionate approach, again as the noble Earl, Lord Howe, asked me to do, supporting adult smokers in their efforts to quit while also working to reduce the appeal of vaping products to children. However, and on the points raised by the noble Lord, Lord Darzi, I have to be clear that it is essential that we retain the ability to go further in line with the evidence, which the noble Baroness referred to. Flavourings are added to vaping products and that can increase their appeal. Hundreds of flavoured ingredients are used in vapes and, although some are considered safe when ingested, we do not, as the noble Lord, Lord Darzi, said, know the long-term health effects when they are inhaled, particularly in respect of children. Some initial data drawn from the limited research available is concerning and indicates that certain chemicals may be harmful if inhaled. For this important reason, we must have the flexibility to restrict flavoured ingredients in the future to protect public health. We have sought further data on flavours as part of the call for evidence conducted at the end of last year and we are reviewing those responses. In addition, we are exploring commissioning further research on the health impacts of vape ingredients when inhaled. I hope that all this reassures noble Lords that the powers in the Bill already provide a comprehensive framework to act on these issues and that our approach will remain balanced and evidence-based to strike a necessary balance between reducing youth appeal and ensuring that adult smokers continue to have access to products that may help them quit. I hope the noble Baroness, Lady Walmsley, will feel able to withdraw the amendment.