Earl Russell (LD)

My Lords, I shall speak to my Amendments 195 and 196 on reviews and compliance; I thank my noble friend Lady Walmsley for adding her name in support of them. We support this Bill and its core intention of creating a smoke-free generation. More than that, we support the fact that this Bill is making progressive changes with the aim of having lasting impacts. However, it is often these very forward-thinking ideas that require further reviews and guidance because they are, by their very nature, new and different. It is surprising to me that the Bill as drafted does not contain any form of formal review mechanism. We think that a review mechanism is fundamentally necessary and useful, the intention being to support the aims of the Bill and not to detract from them in any way. It is in this spirit that I speak to my amendments. Amendment 195 would require the Secretary of State to conduct and publish a review of the Tobacco and Vapes Act within six months of 1 July 2030, when those born on or after 1 January 2009 will have reached the age of 21. This review would evaluate how effective the Act has been, including whether the legislation has reduced the use of tobacco and nicotine in the first affected generation and whether it has achieved its intended objectives and public health outcomes. It would also examine any unintended effects, such as challenges with enforcement, widening health inequalities or any growth of illicit or unregulated markets. This early-stage review process would ensure that Parliament can assess the policy’s impact on young adults and make timely adjustments if any are required. My Amendment 196 would mandate a further, more comprehensive review of the Act’s implementation when the same cohort reaches the age of 25, four years later, to be published within six months of 1 July 2034. This second review is designed to assess the longer-term success of the legislation, including changes in smoking and vaping prevalence; impact on public health outcomes; and the role of cessation programmes. It would also explore any emerging social or economic consequences, offering a deeper understanding of the Act’s sustained effectiveness. This later review would provide Parliament with a robust evidence base to determine whether further legislation or policy adjustment is needed. Together, these two amendments seek to ensure that future Governments do what this Bill sets out to do: to protect the next generation from the harms of tobacco and nicotine, and to do so through measures grounded in evidence, transparency and sound policy-making. My amendments are designed to strengthen the Bill’s core purpose as it is advanced over time. They would help to ensure that the Bill’s stated outcomes are reviewed and assessed, and that any further amendments are considered. They would ensure that evidence is examined at each critical stage of implementation. They would ensure that, where adjustments may be needed—whether in enforcement, cessation support or tackling unintended consequences—Parliament would be properly informed and, therefore, able to act. The age of 21 is the first major milestone when we can meaningfully assess the outcomes. It is of foremost importance that the impact of the legislation be considered in relation to rates of vaping in the UK. It is vital that unintended consequences be examined if they emerge, particularly in relation to rates of vaping. This later phrase is vital. Every public policy and piece of health legislation brings with it the possibility of unintended consequences and side-effects, whether they concern enforcement, equity or the rise of illegal markets. I believe it is important that these matters be reviewed. It is also essential that the review be based on adequate data which is used to re-examine the policy and check that it is effective. If policies emerge, it is important that this legislation be reviewed. These amendments are about ensuring delivery and that the Bill, when it becomes an Act, does what it sets out to do. I want to see a feedback loop between policy ambition, lived experience and data. These questions of enforcement and of rising age restrictions are important, as is the issue of black markets, so the Government need to review this legislation to see that it does what is intended. My hope is very much that the Minister will at least agree to take the principles of regular, evidence-based reviews back to the department, because this is a genuine offer to try to make sure that the Bill is effective over time. Turning briefly to the other amendments in this group, Amendment 189 in the names of the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, is also about implementing a review of the Act. The review proposed in their amendment would come after five years and include laying a copy of that review before Parliament. In a different vein from my review, it would also include a review of the impact on small and micro-businesses. I am tempted to support their amendment, too. The central focus of the Bill is a smoke-free generation. That should not be at the expense of small businesses, but the most important element here is that we get a smoke-free generation, so I am minded to lend my personal support to Amendment 189. Amendment 216, spoken to by the noble Lord, Lord Murray, again seeks to put forward a review. Where I part company on his amendment is its expiring nature. While we support reviews of the legislation, the review needs to happen and the consequences come afterwards. To put the expiry in the Bill sets up the possibility that a future Government of a different persuasion could use it as an opportunity to remove important elements of what will then be an Act, which we would not want to see happen. I will leave it to the Minister to respond to the other amendments in this group on the Windsor Framework.