M

Member

Speaking in the House of Lords on 24 February 2026

Debate

Tobacco and Vapes Bill

Contribution

My fifth point is in relation to the Windsor Framework. The Government continue to claim, based on their own legal evidence, that they will be able to implement the generational ban across the whole of the UK, even though they know full well that in Northern Ireland such measures are subject to the Windsor Framework. It is clear that the Bill is contrary to EU law. The ban is a Brexit benefit, although the Minister will not call it that. In spite of legal objections from seven EU member states—Croatia, Czechia, Greece, Italy, Portugal, Romania and Slovakia—the implementation of a generational smoking ban would breach the Windsor Framework and the EU products directive. But still the Government intend to press on without ever explaining the basis for their legal confidence. In reality, there must be a strong likelihood that these provisions of the Tobacco and Vapes Bill are likely to be disapplied by the High Court in Northern Ireland.

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