Baroness Northover (LD)

My Lords, this group contains a number of amendments tabled by the noble Lord, Lord Udny-Lister, which relate to what he identifies as burdens that are potentially being placed on the industry when assessing the harms of products. There is much here that can and should be explored through consultation on this legislation. For example, it is important that clear standards are set for appropriate facilities to undertake testing, but it does not feel appropriate or proportionate to have a set list of providers who can undertake this. That feels like locking manufacturers into a bit of a closed market, although I hear what the noble Lord says his intention is behind this. I also caution against amendments that seek to compare nicotine products as benign, when compared with tobacco. We have had quite a debate about that this afternoon. Obviously, it can be helpful in assessing whether a particular nicotine product should be used for smoking cessation purposes, but defining it as simply less harmful than tobacco does not mean it would be a good public health standard, as we have heard. Not all users of these products will be smokers, as we have also heard, and we already know that the route to smoking for young people is now often via vapes. We have had quite a discussion of that, and the fact that nicotine is addictive. We have heard how difficult it is to give up nicotine, however much we may wish that not to be the case. It is therefore important to assess the impact on health of nicotine in its own right. The noble Lord may feel that that comparative approach is included in his amendment, but I would be concerned about adding his amendment to the Bill. Amendment 148C would remove the following provision: “The regulations must prohibit a producer from nominating an individual without the individual’s consent”. We feel that should remain part of the Bill. Amendment 149A refers in effect to delegated powers. I understand the concern about those powers but also why the Government seek wide and flexible powers in the Bill, given what they are dealing with and the fast footwork in this industry. Would it not have been good had the vaping and tobacco industry made sure that nicotine substitutes were targeted only at smokers trying to shed their smoking habits? Who would have thought, as we looked at this a few years back and supported the use of such products for such purposes, that we would be where we are now? But we are—so I hope that the Committee will forgive me for my jaundice on this matter. This ship has sailed; the manufacturers have shown themselves not to be trusted to market them only as smoking cessation tools, and the Bill rightly seeks to protect our children and grandchildren. Waiting for primary legislation to come around again on this, while the industry targets in a new and inventive way so that children get hooked and cannot free themselves from its embrace, is not what a responsible Government should do. Had the industry proved trustworthy in the past, I would maybe have a different view, as someone who thought nicotine substitution was a useful down ramp for addicted smokers—so I remain unconvinced. Who would have predicted that we would be where we are? This industry is nothing if not inventive, and we should therefore oppose these amendments.