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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Under the bill, children turning 15 this year or younger will never legally be able to be sold tobacco.

New powers to restrict vape flavours, packaging and change how vapes are displayed in shops also form part of the bill.

Northern Ireland Health Minister Robin Swann has confirmed that NI will be included in Westminster’s Tobacco & Vapes 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.

“If there are measures available that will reduce preventable deaths, help people live longer, healthier lives then, as Health Minister, I must advocate for them,” said Mr Swann.

On 20^th March the Bill started in the House of Commons, currently in its second reading, before progressing to Committee Stage.

Under the bill, enforcement 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.

The UK Government’s plans also include a ban on disposable vapes, with the proposed ban anticipated to be progressed under environmental legislation in GB, while the Department for Agriculture, Environment and Rural Affairs is considering the next steps for Northern Ireland.

However, 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”.

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Mr Swann said that he fully supported the UK Government’s plans to create a smoke-free generation and to tackle youth vaping.

He added that parents and teachers had shared their concerns with him on the growing trend among young people vaping, and that many people in Northern Ireland were also fully behind the government’s plans.

“While vaping can play a role in supporting smoking cessation, the public health advice remains clear – if you don’t smoke or vape, keep it that way – this is particularly important for children and young people,” said Mr Swann.

“If there are measures available that will reduce preventable deaths, help people live longer, healthier lives then, as Health Minister, I must advocate for them.

“Following the restoration of the NI Executive and with their support, I requested that Northern Ireland be included in the UK Government bill and this has now been agreed. Ultimately, it will be for the NI Assembly to take a final decision on our inclusion.

“Having previously introduced legislation in 2021 to help protect children from the harms of tobacco smoke and vaping, I am confident that these latest measures, if passed, will enable us to go a step further and create a future where our young people are free from these dangers.”

‘The government needs to make more financial resources available for educational campaigns’

National President of the Fed, Muntazir Dipoti

UK Minister for Public Health, Andrea Leadsom welcomed the news that Northern Ireland will “bring forward the smoke-free generation”.

“It’s excellent our Northern Ireland colleagues will join us in tackling the worrying rise in youth vaping – putting children’s health first.”

The UK Government plans also includes a ban on disposable vapes, with the proposed ban anticipated to be progressed under environmental legislation in Great Britain. The Department for Agriculture, Environment and Rural Affairs is considering the next steps for Northern Ireland.

However, the Federation of Independent Retailers (the Fed) said a ban on disposable vapes would only fuel illicit sales.

“Banning disposable vapes in the UK will not help people give up smoking and vaping but will fuel the illicit market,” said National President, Muntazir Dipoti.

To clamp down on young people vaping, the government needed to make more financial resources available for educational campaigns, while more enforcement activity was required, especially at borders to prevent counterfeit products entering the market, Mr Dipoti added.

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As part of an ambitious government plan to tackle the rise in youth vaping and protect children’s health, Prime Minister Rishi Sunak has announced new powers to restrict vape flavours, introduce plain packaging and change how vapes are displayed in shops so they don’t appeal to children.

In addition, a new law will make it illegal to sell tobacco products to anyone born on or after 1^st January 2009, delivering on the Prime Minister’s pledge to create a smokefree generation.

Vaping alternatives, such as nicotine pouches, will also be outlawed for children who are increasingly turning to these substitutes.

The measure comes as part of the government’s response to its consultation on smoking and vaping, which was launched in October last year.

Northern Ireland had been included in the eight-week consultation process, with comments welcome from anyone of any age.

The consultation closed on 6^th December and received 27,921 responses, including over 1200 from Northern Ireland. The report showed strong support for the proposed measures across the UK and particularly in Northern Ireland.

‘LONG-STANDING STRATEGIC AIM’

In accordance with the provisions that are available, the Department of Health has said it will make the necessary preparations to allow incoming Ministers and the NI Assembly to take a decision on introducing the regulations in Northern Ireland.

In a statement, the Department said it has a “long-standing strategic aim for a tobacco-free Northern Ireland”.

“Tobacco use continues to cause around 2200 deaths in Northern Ireland each year. Alongside the immeasurable human costs, our hospitals spend approximately £200 million treating tobacco-related conditions each year.

“Tobacco use is a huge threat to public health, but it is a threat that is entirely preventable,” they added.

Meanwhile, the Federation of Independent Retailers (the Fed) has said the ban on disposable vapes will only fuel illicit sales.

“Banning disposable vapes in the UK will not help people give up smoking and vaping but will fuel the illicit market,” said the Fed.

The National President of the Fed, Muntazir Dipoti said that while they agree action is needed, they do not believe banning disposable vapes is the way to go about it.

“An outright ban will simply send youngsters towards unorthodox and illicit sources where there is no compliance to tobacco and vaping laws, while the products they peddle are likely to contain dangerous and illegal levels of toxic chemicals,” he said.

To clamp down on young people vaping, the government needed to make more financial resources available for educational campaigns, while more enforcement activity was required, especially at borders to prevent counterfeit products entering the market, Mr Dipoti added.

“Vape retailers are responsible and offer a recycling option, but the government should be looking at making available more ways to safely recycle disposable vapes,” he said.

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