Contribution
My Lords, I strongly support my noble friend Lord Russell’s Amendments 195 and 196. As he said, they intend to support the core principles of the Bill and ensure effective delivery. It is one thing to legislate; it is quite another to deliver and even to implement. I am currently involved in following measures that were put into legislation through the Health and Care Act 2022, which have still not been implemented. We must make sure that things like that are properly implemented.
Whatever the Government’s intentions are now, when the facts change a sensible person changes appropriately, albeit along the same core principles. A number of potential barriers along the way have been suggested by noble Lords as we have debated the Bill, including today, such as an expansion of the illicit market; the possible clever responses of the tobacco industry to get round the intention of the Bill to protect young people and achieve a smoke-free generation; and technical issues such as age-gating, age verification and so on.
Although the Bill gives the Government wide powers to act, my noble friend’s points about having two reviews, to which his amendments would mandate the Government to adhere, would give naysayers confidence that any unintended consequences would be dealt with either by the Government using the powers in the Bill or by introducing further legislation if necessary after the reviews.
I particularly support my noble friend’s inclusion of nicotine use in his request for reviews. Although the use of vapes as a quitting tool has already been shown to be effective, we all know that they have been taken up by large numbers of young people who have never smoked tobacco. However, the industry is still very young and there is still little evidence about the effect of both the flavour additives and the long-term use of nicotine on the young brain and lungs. Over the coming years, that evidence will emerge one way or another. We already know how addictive nicotine is and that it can make people feel stressed, restless, irritable and unable to concentrate. That is problematic for children in school, which is the very reason why sales of nicotine vapes are banned for under-18s, although illicit sales to younger people are really problematic for teachers.
We also know that nicotine leads to short-term increases in heart rate and systolic blood pressure; as I understand it, that is why tobacco pouches are endemic among professional footballers before a match. Unfortunately, this habit is being copied by many of their young fans. Some use several of them, resulting in dizziness, nausea and, in a few extreme cases, fainting. We do not know about the long-term effects of the use of nicotine by very young people, as the research focuses on users of legal age; this is the sort of thing that may emerge over the next few years. As to the future, we will see how well vapes and other nicotine replacement therapies work as quitting tools. We need to be sure that the legislation will respond to this and other evidence.
These two age points are significant since they have been suggested as an alternative by some opponents of the generational escalator in the Bill. Why not, they suggest, simply raise the legal age of sale to 21 or 25? A promise of reviews at these age points will help encourage those people to support the Bill as it stands, so I hope that the Minister will accept these two amendments; I prefer them to the amendment in the name of the noble Earl, Lord Howe, except that I certainly support his reference to small businesses. I am sure that noble Lords will know about these matters from previous debates, but perhaps we could put our heads together before Report.
On the amendments in the name of the noble Baroness, Lady Hoey, regarding the EU’s Technical Regulation Information System and the standstill period that now impacts on the Bill, it is important to note that several EU countries, such as Greece, Romania and Italy, object pretty routinely to all tobacco control legislation in the EU. There is no new information today that is cause for concern regarding this Bill.
On the legal opinion to which the noble Baroness referred, it appears to have been shared with only the Daily Mail—it certainly has not been published—so I am unable to take a view on it; besides, doing so is probably beyond my skill set and pay grade anyway. I just hope that the Minister has good legal advice.
There is a point to be made here, however, about how the UK seems to have found itself in the worst of both worlds, with EU states being able to object to legislation that we wish to bring in to protect the health of our nation but with us having none of the benefits of being a member. That is a point for another debate, though. I hope that the Minister can confirm that any such objections will not be binding on the UK; and that this sovereign Parliament will be able to push ahead with this important legislation.
I turn to Amendment 216 in the name of the noble Lord, Lord Murray of Blidworth. He appears to be expecting a different Administration in the next Parliament; I will leave it to the Minister to reply to the noble Lord’s comments.