A plenary debate on the Legislative Consent Motion on the Bill was held after it was published in December. The 14-page LMC included evidence from the Institute of Public Health (IPC) that e-cigarettes act as a gateway to tobacco smoking amongst young people.

“The Institute of Public Health undertook a rapid review of evidence on behalf of the Department of Health, and findings point to reliable evidence that vaping does act as a gateway to tobacco smoking amongst young people. This substantiates the view that measures to address the appeal of these products to children are justified,” reads the LMC document.

The Bill aims to create a smoke-free generation by making it an offence for anyone born on or after 1^st January 2009 to be sold tobacco products and ban the sale of non-nicotine vapes and other nicotine products to under 18s. It also provides powers for the extension of smoke-free places. In the longer term the Bill will introduce retail licensing provisions.

Welcoming the Assembly’s support for NI’s inclusion in the Bill, Health Minister Mike Nesbitt said it was a landmark step which provides an opportunity to reduce preventable deaths and health inequalities across Northern Ireland and protect our children, young people and future generations from the harms of tobacco and nicotine addiction.

However, objections to the Bill have come from the tobacco and vaping sector, with criticisms for some of the legislation.

UKVIA Director John Dunne said while the organisation fully supports the need to tackle youth sales, it was necessary not to ignore those adult smokers who turn to vapes in a bid to stop smoking.

“There is absolutely no reason why adult smokers cannot have easy access to the very best quit smoking tool every invented, while minors also get the protection they need. Both can happily work hand-in-hand,” he told NR.

Meanwhile, the Tobacco Manufacturers’ Association said the generational ban “lacks common sense” while also completely disregarding the unintended consequences.

“If the government is committed to legislate, there is a more effective alternative policy. That is raising the age of purchase from 18 to 21. It would be much more practical, manageable and straightforward for retailers to enforce, than a generational ban, which would be complicated, impractical, unworkable and unenforceable,” said Rupert Lewis, Director at TMA.

However, Chief Medical Officer for Northern Ireland, professor Sir Michael McBride said that they needed to “stop the deliberate addiction of two-thirds of adult smokers who begin smoking before the age of 18”.

“There will be no restrictions on people who can already legally smoke,” he added. “But the robust measures in this Bill will seek to address the appeal of vapes to children and young people and over time will break the cycle of addiction and harm.”

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The Health Minister Mike Nesbitt MLA has tabled a plenary debate on the Legislative Consent Motion on the Tobacco and Vapes Bill, to consider endorsing the principle of Northern Ireland’s inclusion in the UK Bill.

On Tuesday 4^th February, the Assembly will consider the proposals to introduce a generational smoking ban across the UK, and stop vapes and other nicotine products being branded and advertised to appeal to children and young people.

There is some resistance to the Bill, with tobacco and vapes companies and retailers fearing it will only serve to fuel illicit trade.

Retailers are also concerned that the increased need to conduct age verification will also lead to an rise in violent, abusive and threatening behaviour towards themselves and their staff, who will be left facing consumers.

Published in December, the 14-page Legislative Consent Motion (LMC) includes evidence from IPH that e-cigarettes act as a gateway to tobacco smoking amongst young people.

‘If the government is committed to legislate, there is a more effective alternative policy’

“The Institute of Public Health undertook a rapid review of evidence on behalf of the Department of Health, and findings point to reliable evidence that vaping does act as a gateway to tobacco smoking amongst young people. This substantiates the view that measures to address the appeal of these products to children are justified,” reads the LMC document.

However, UKVIA Director, John Dunne said while the organisation fully supports the need to tackle youth sales, it was necessary not to ignore those adult smokers who turn to vapes in a bid to stop smoking.

“There is absolutely no reason why adult smokers cannot have easy access to the very best quit smoking tool ever evented, while minors also get the protection they need. Both can happily work hand-in-hand,” he told NR.

Meanwhile, the Tobacco Manufacturers’ Association said the generational ban “lacks common sense” while also completely disregarding the unintended consequences.

“If the government is committed to legislate, there is a more effective alternative policy. That is raising the age of purchase from 18 to 21. It would be much more practical, manageable and straightforward for retailers to enforce, than a generational ban, which would be complicated, impractical, unworkable and unenforceable,” said Rupert Lewis, Director at TMA.

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Westminster MPs had their first debate on the Tobacco & Vapes Bill on Tuesday 16^th April, with it passing by 383 votes to 67 in the Commons.

Several conservative MPs voted against Prime Minister Rishi Sunak’s Bill, however it is still expected to become law.

Alliance MP Stephen Farry was the only Northern Ireland MP to vote in favour of the ban.

The controversial bill also aims to restrict vape flavours, packaging and change how vapes are displayed in shops.

Northern Ireland Health Minister Robin Swann has previously confirmed that NI will be included in the Bill, subject to approval by the Assembly. He said he fully supported the UK Government’s plans to create a smokefree generation and to tackle youth vaping.

Speaking in the Chamber, DUP MP Sammy Wilson voiced his concerns about how the law would be implemented and concerns about retailers.

The debate came as a Tobacco Manufacturers’ Association (TMA) survey has revealed that 80% of those surveyed had bought illegal tobacco in the previous year.

The survey, carried out between October and December 2023, questioned 12,000 smokers on their attitudes, awareness and understanding of illegal tobacco. The results also showed that nearly three quarters of respondents have seen an illegal 20-pack of cigarettes priced between £3 and £6 (compared to the mean average RRP of £15.26 for a legal packet).

Despite government attempts to curb the problem, the illegal tobacco market is growing. While the number of adult smokers in the UK has decreased by 30% (to 12% of the UK population) since the TMA commissioned its first ‘Anti-Illicit Trade Survey’ in 2014, the number of respondents who claim to purchase non-UK duty paid tobacco has reached a new high point of 80%, with one in five smokers only buying ‘branded’ tobacco, even though all legal tobacco has been sold in plain packaging in the UK since 2016 – eight years ago.

Almost two thirds of survey respondents claimed repeated hikes in tobacco taxes couple with the cost-of-living pressures meant they have changed their tobacco spending habits, up from 39% in 2022.

Retailers have raised concerns about the Bill, citing the increase in sales of illicit tobacco and vapes.

Rupert Lewis, Director of the TMA said that the illegal tobacco market in the UK has now reached an inflection point.

“In previous years, the TMA Anti-Illicit Trade Survey has painted a picture of a stubbornly resilient illegal tobacco trade, which in spite of overall smoking rates downtrending year-on-year, has remained resistant to decline,” said Mr Lewis.

“I believe that there will be profound and far-reaching repercussions for consumers, retailers, law enforcement agencies and communities across the UK if a phased generational ban becomes law. In time, it will push the entire UK tobacco market underground, and I urge the government to reflect hard on the consequences of this policy decision and the lasting impact that it will have on the UK.”

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Introduced in March this year, the Bill wants to create the UK’s first ‘smokefree’ generation, making it illegal for those born since 2009 (children turning 15 this year) to be sold cigarettes.

The controversial bill also aims to restrict vape flavours, packaging and change how vapes are displayed in shops.

Northern Ireland Health Minister Robin Swann has previously confirmed that NI will be included in the Bill, subject to approval by the Assembly. He said he fully supported the UK Government’s plans to create a smokefree generation and to tackle youth vaping.

The debate comes as a Tobacco Manufacturers’ Association (TMA) survey has revealed that 80% of those surveyed had bought illegal tobacco in the previous year.

The survey, carried out between October and December 2023, questioned 12,000 smokers on their attitudes, awareness and understanding of illegal tobacco. The results also showed that nearly three quarters of respondents have seen an illegal 20-pack of cigarettes priced between £3 and £6 (compared to the mean average RRP of £15.26 for a legal packet).

TOBACCO SPENDING HABITS

Despite government attempts to curb the problem, the illegal tobacco market is growing. While the number of adult smokers in the UK has decreased by 30% (to 12% of the UK population) since the TMA commissioned its first ‘Anti-Illicit Trade Survey’ in 2014, the number of respondents who claim to purchase non-UK duty paid tobacco has reached a new high point of 80%, with one in five smokers only buying ‘branded’ tobacco, even though all legal tobacco has been sold in plain packaging in the UK since 2016 – eight years ago.

Almost two thirds of survey respondents claimed repeated hikes in tobacco taxes couple with the cost-of-living pressures meant they have changed their tobacco spending habits, up from 39% in 2022.

Strikingly, the survey also found that every UK region had seen an increase in the purchase of illegal tobacco since 2019, with the exception of the South East of England, where there has been no change.

Under the proposed Tobacco & Vapes Bill, Trading Standards officers’ powers would be strengthened with on-the-spot fines of £100 to uphold new laws and clamp down on underage sales of tobacco and vaping products.

Some Conservative MPs have said they will not support the Bill, however it is anticipated it will likely pass as Labour does support it.

‘FAR-REACHING REPERCUSSIONS’

Many retailers have raised concerns about the Bill, citing the increase in sales of illicit tobacco and vapes.

The Federation of Independent Retailers (the Fed) said a ban on disposable vapes would only fuel illicit sales, with National President Muntazir Dipoti stating that banning disposable vapes would “not help people give up smoking and vaping” and would “fuel the illicit market”.

Rupert Lewis, Director of the TMA said that the illegal tobacco market in the UK has now reached an inflection point.

“In previous years, the TMA Anti-Illicit Trade Survey has painted a picture of a stubbornly resilient illegal tobacco trade, which in spite of overall smoking rates downtrending year-on-year, has remained resistant to decline,” said Mr Lewis.

“I believe that there will be profound and far-reaching repercussions for consumers, retailers, law enforcement agencies and communities across the UK if a phased generational ban becomes law. In time, it will push the entire UK tobacco market underground, and I urge the government to reflect hard on the consequences of this policy decision and the lasting impact that it will have on the UK.”

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