That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.
Every person in this country has the right to walk down their street without stumbling on a single-use vape that has been tossed on to the pavement. They have the right to take their children to the park without their child picking up a shiny vape that has been cast aside in the playground. No driver should fear that their car tyre will explode if they drive over a single-use vape in the road, yet I was recently sent a picture of just such a tyre explosion. What started out as a useful means to stop adults smoking has become a menace on our streets.
Almost three quarters of single-use vapes are incorrectly disposed of. Material Focus estimates that 5 million vapes are thrown away each week—equivalent to eight vapes a second, and four times as many as at this time last year. They have turned into a constant wave of waste and are wreaking havoc, and we are left to pick up the pieces. When they are littered, they introduce plastics, nicotine salts, copper, cadmium, lead and lithium-ion batteries into our environment. That harms our wildlife, our soils, our rivers and our streams. Last year, 50 tonnes of lithium—the amount needed to power 5,000 electric vehicle batteries—was discarded into our environment.
Alternatively, vapes end up being incorrectly put into black-bin household waste. At best, they either end up in landfill or are incinerated. At worst, they cause fires when they are crushed in bin lorries. That risks harm to the public, refuse workers and firefighters. In September, a fire at a waste centre in Basildon was started by a lithium-ion battery—the sort that is found in vapes. The fire spread across warehouses and set alight 15 heavy goods vehicles. People were evacuated, and the fire service was on site for 24 hours a day for almost a week.
We know that these products are designed to appeal to children. According to Action on Smoking and Health’s research, the rise in single-use vapes has happened concurrently with an increase in young people vaping. We must ban these harmful products, and I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for taking steps to introduce a ban earlier this year. His was the right action, and we will not delay. Transitioning to a zero-waste economy is one of five priorities on which my Department, as part of a mission-led Government, will deliver to rebuild Britain. This ban is an important first step on that journey.
Before I turn to the details of the legislation, I thank the Secondary Legislation Scrutiny Committee for its work. Its report highlighted several points of interest, particularly the links to youth vaping, which I have mentioned, and whether we will monitor products coming to market following the implementation of the proposed ban. We will work closely with the Medicines and Healthcare products Regulatory Agency to understand the types of products coming to market, and we will continue to look at this in future.
The Committee also highlighted correspondence from Green Alliance, which supports the ban but wished for earlier implementation and sought assurance on enforcement. We want to introduce the ban as soon as possible, but we must allow a minimal but reasonable transition for businesses to run down stocks and adapt their business activities. This is why the ban will come into force on 1 June next year. Effective enforcement is crucial, and we will work closely with enforcement agencies to understand how best to support them.
Let me now turn to the details of the legislation. The ban we are introducing uses powers under the Environmental Protection Act 1990. Part 1 sets out the meaning of a single-use vape, which is a vape that is
“not refillable and not rechargeable”.
The ban applies to England only, but my excellent officials have worked closely with the devolved Governments, who are bringing an equivalent legislation. We are grateful to our colleagues in the devolved Governments for their collaboration to ensure that, from 1 June next year, there will be a UK-wide ban.
Parts 2 and 3 of the legislation introduce offences and enforcement provisions. Enforcement of the ban in England will be carried out through local authority trading standards officers, and the powers in the legislation have been developed in partnership with them. The regulations mean that illegal traders can be issued with an on-the-spot fine and that the products they are selling can be taken away. It is also possible for local authorities to reclaim the costs of investigating, and enforcing, the regulations from the rogue traders. Finally, part 4 of the legislation covers requirements for guidance and the need to review and evaluate the ban.
The Minister has talked about the environmental impact of disposable vapes, but what does she think about the environmental impact of the reusable vape devices that are being sold? The Government’s own impact assessment suggests that by the year 2034, there will be a total of 2 billion reusable vape devices being sold. What impact does she think that will have on the environment, and how will that differ from the sale of disposable vapes?
What we are trying to do with this ban is to get rid of the vapes that are not rechargeable and refillable. The vapes that are both refillable and rechargeable will continue to be sold as a valuable aid to help adults stop smoking. The almost toy-like vapes that we find littered in every street are the real problem, and I am sure that the hon. Gentleman’s constituency is no different from mine in that regard. I will come back to him on that. On predictions about the future, we saw yesterday in the newspapers that a pill has been developed to help smokers quit smoking, so who knows where we will be in five years’ time. We can always guarantee that the future will be different from the past.
Let me conclude by saying that vapes can help adults to quit smoking, but single-use vapes are a waste of our precious national resources. The sheer volume of them that we see on our streets and the widespread harm that they cause must be stopped, so I commend these regulations to the House.
It is an honour to be speaking for the Opposition on this important motion on environmental protection. May I begin by thanking the Government for laying this statutory instrument, which was originally put forward by the previous Conservative Government? This House is at its best when we are united in common humanity and working together across the House to pass legislation that will support and protect our precious environment, and also human and animal health. I am glad that the Government have agreed with our measures in bringing forward this ban on disposable vapes. I am happy to say, therefore, that we, His Majesty’s loyal Opposition, will be supporting the passage of this important environmental statutory instrument.
I thank all those who have made this statutory instrument possible, from Ministers and MPs on both sides of the House to the charities, non-governmental organisations, parents, teachers and health professionals who sounded the alarm on the impact of disposable vapes. This legislation is a targeted step to ensure environmental protection and to mitigate the risks posed by single-use disposable vaping products.
To this end, we know that single-use vapes pose a range of risks to our environment, to animals, both domestic and wild, and even to people—especially our young folk, as the Minister said. It is estimated that almost 5 million single-use vapes are littered or thrown away in general waste every week.
The scale at which lithium-ion batteries are being improperly disposed of through single-use vapes is absolutely staggering. Astonishingly, it is estimated that, each year, the lithium in disposable vapes discarded in this way is equivalent to the lithium in the batteries of 1,200 electric vehicles or more.
Unfortunately, the number of single-use vapes being littered or thrown away each year is steeply rising. We know that the improper disposal of lithium-ion batteries already poses a significant risk of serious fires and pollution. As the Minister said, we are seeing such littering in both urban and rural areas, with vapes carelessly thrown to the wayside.
The issue is not just disposable vapes but illegal vapes, of which as many as 120 million may be being sold each year. Should we not concentrate on that? These regulations deal only with legal vapes, but should we not be more concerned about the environmental impact and other health impacts of illegal vapes?
We need to get rid of all disposable vapes, legal or illegal. In fact, if any child is vaping, that is illegal. They are getting hold of vapes around the law and people are exploiting our young people. We still do not know the long-term consequences of vaping for their physical and mental health, so we just have to get on with getting rid of the single-use disposable vapes.
To be clear, we know that vaping has its part to play in helping adults to quit tobacco smoking, but we owe it to our young people and others to tackle the unacceptable risks of the illicit market and of existing nicotine addiction, and not to create a new generation of addiction.
On the risk of disposable vapes being imported for sale, will the Minister confirm what measures will be put in place to ensure border authorities have the proper powers and scope to ensure that there is no room for the creation of an illegal disposable vape import industry? In addition, as part of that, will additional resources be allocated to our Border Force, so that the legislation will have the teeth it needs to prevent potential illegal imports of vapes? It is deeply important that the proper enforcement measures are in place, as we know how difficult it can sometimes be to enforce such bans.
My hon. Friend keeps using the expression “potential illegal imports”, but massive illegal import is already taking place. The number of illegal imports detected is a minute proportion of the actual number of illegal imports that are coming into the market. Will he concentrate on the current issue relating to illegal imports, instead of describing that issue as a “potential”?
I am well aware that there are illegal importations and we need to clamp down on them, but once the ban is in place, if single-use disposable vapes are still being imported into the country, then it will be illegal to put them on sale. I am aware of the point that my hon. Friend makes, but we need to crack on and get rid of disposable vapes.
Will the Minister confirm what measures will be put in place to ensure full and proper enforcement of the ban? Will she reassure the House that the Government will monitor, on an ongoing basis, the performance of enforcement measures in preventing the sale and distribution of single-use vapes? In addition, will the Minister reassure the House that the Government will keep a watching brief on unscrupulous people trying to create loopholes in the ban by adapting, in a sham way, disposable vapes to look like reusable, refillable or rechargeable ones?
I welcome the Minister’s comments about the devolved Administrations, but with this England-only legislation, and with similar versions of the regulations likely to be approved in Wales, Scotland and Northern Ireland in the coming months, will the Government assure the House that discussions are set in place with the devolved Administrations on specific timings, so that we do not inadvertently create the potential for disposable vape tourism in different parts of the United Kingdom?
In closing, as I said in my opening remarks, we will be supporting this measure. While I hope the Minister can provide clarity on the questions I have posed, I thank the Government for bringing forward this Conservative measure.
Thank you, Madam Deputy Speaker, for calling me to speak during today’s important debate.
I wish to begin by taking the opportunity to thank my constituents for choosing change and putting their trust in me at the ballot box this summer. This was indeed a “change” election. The last time that a Labour MP for South Dorset stood here and made his maiden speech, I was just six years old. But my Labour predecessor—Lord Knight—did not waste any time winning my support. As the local MP, Lord Knight relentlessly fought for my community, and he leaves behind a legacy of which we can all be proud. His successes include rebuilding my dilapidated primary school and then rebuilding my secondary school as well. Lord Knight was also at the heart of the campaign to win the 2012 summer Olympic games bid, with Weymouth and Portland proudly hosting the sailing events. I consider myself very fortunate to have one of my predecessors working just along the corridor in the other place. This Palace of Westminster is an ancient and sometimes mysterious workplace, so I will always be grateful for my Lord Knight in shining armour just around the corner.
I would also like to take this opportunity to pay tribute to my immediate predecessor, Richard Drax. As our MP, his commitment to our armed forces community was second to none. The constituency may have changed hands, but I fully intend to continue his work championing our armed forces.
If I may, Madam Deputy Speaker, I would also like to pay tribute to another former Member of this House, Baroness Hodge. Many Members will, like me, have worked alongside Baroness Hodge. Working with her is certainly an unforgettable experience. “Relentless”, “feisty”, “ferocious”, “attack dog”—these are just some of the terms bandied around the staffroom at Amazon headquarters after only the briefest of cross-examinations by Baroness Hodge, and with good reason. She exemplifies how to be an effective and tenacious change-maker in Parliament. For more than a decade, she has been the scourge of tax-dodgers and kleptocrats, white-collar criminals and oligarchs alike. It was a pleasure to work alongside her in the battle against dirty money and economic crime. I look forward to continuing her important work, both in this place and on the Public Accounts Committee.
I congratulate the hon. Member for South Dorset (Lloyd Hatton) on his excellent maiden speech; I have indeed enjoyed many family holidays in his constituency.
I am pleased that we are having this debate today and that the Liberal Democrats are supporting this measure. We have been calling for action on single-use vapes for some time. Single-use or disposable vapes are a menace and the evidence for banning them is clear and overwhelming. It is staggering that each week more than 5 million disposable vapes are discarded in the UK, posing significant environmental and public health challenges and littering our streets, countryside and beaches. The devices, which are difficult to recycle because of their lithium-ion batteries, are a growing threat to wildlife and waterways. It is crucial that our waterways, including the River Itchen, the rare chalk stream that runs through my Eastleigh constituency, are protected.
The Rivers Trust has found that the electric components in disposable vapes release chemicals and heavy metals as they degrade, severely threatening life in our rivers. As the Minister highlighted, batteries can, when improperly disposed of, cause fires in waste and refuse lorries, which puts additional strain on local services and poses safety risks. Together, the disposable vapes discarded in a year could provide enough lithium to power over 5,000 electric cars. The Royal Society for the Prevention of Cruelty to Animals has raised serious concerns about the impact of carelessly discarded disposable vapes on animal welfare, as the risk of ingestion or habitat disruption poses a risk to wildlife.
Although vapes have an important role to play in smoking cessation, single-use vapes present unique risks for children and young people. Marketed with colourful packaging and a choice of flavours, and at far lower prices than traditional cigarettes, they are particularly appealing to under-18s. According to public health charity Action on Smoking and Health, 18% of 11 to 17-year-olds have tried disposable vapes. I hope that the Government will also address the concerns of the Mental Health Foundation that those with mental health issues are more likely to use disposable vapes. The trusts that provide them with care, including cessation services, should be properly supported in the transition.
May I say what an honour it was to hear the maiden speech of my hon. Friend the Member for South Dorset (Lloyd Hatton), and how proud he is to represent his home constituency? I wish him all the best in his parliamentary career.
Vaping remains the most effective tool that the UK has to help smokers to quit. Recent data from ASH shows that in the last five years, 2.7 million hard smokers have used vaping as a mean of quitting. Disposable vapes have played a vital role in supporting smoker transition to a less harmful, accessible and affordable entry-level product. Without such products, there is a real risk that fewer smokers will decide to try vaping as an aid to quit.
There are important concerns about the environmental impact of single-use vapes and their accessibility to children, as has already been mentioned, but the Government will need to be prepared for the inevitable increase in availability of black-market products that is certain to come about because of the ban. An increased vaping black market will pose a greater risk to the environment and to children’s health. Current laws already prohibit the sale of vapes to those under 18, and require adherence to environmental regulations, but their enforcement has been minimal. Stronger enforcement of the existing regulations could effectively address the issues without banning disposable vapes outright.
The Government have made the right decision in progressing with a licensing scheme, but the fines for breaching the rules must be higher than £200 per offence. The UK Vaping Industry Association has repeatedly called for fines of up to £10,000, which would help to deter rogue traders from selling products to children, and illegal products more generally. In essence, this is not a ban on disposables; it is a ban on legal and compliant disposables. Illicit disposables, which contain goodness knows what, will continue to be sold, and will even proliferate in popularity, after the ban.
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We also know that the disposal of single-use vapes can lead to plastics and toxic chemicals leaking into our natural environment and precious waterways. We cannot overestimate the seriousness of this or the long-term dangers that will result if we allow a steady or increasing flow of these materials into the environment. At a time when we are all concerned about the need to improve our waterways and rivers, it is vital that we tackle this very real threat.
The improper disposal of single-use vapes, which unfortunately occurs in the majority of cases, also poses risks to animals and wildlife that may potentially consume them. I declare a personal and professional interest as a veterinary surgeon and a pet owner. In fact, not long ago, when I was walking my young dog Poppy, she disappeared into the undergrowth and came out with a brightly coloured, melon-flavoured disposable vape in her mouth. Fortunately, I was able to get the vape out of her mouth quickly, but I shudder to think what could have happened if Poppy had chewed, crunched or swallowed it, given that it contained a battery, toxic chemicals and shattered plastic. I am sure the whole House will agree it is particularly concerning that we are allowing millions of flavoured, brightly coloured items containing incredibly harmful chemicals to be littered, endangering the health of any creature that might ingest them.
With that in mind, it is important to act, and the implementation date of 1 June 2025 should offer businesses time to adjust to the new measures. However, it is vital for the Government to clarify how they intend to tackle the disposal of existing stock that is not sold by June 2025. Therefore can the Minister assure the House that any unsold single-use vaping stock, as of the implantation date, will be collected and disposed of appropriately? Additionally, will the Government produce a plan to ensure proper disposal?
With this ban coming into force, it is also essential that the illegal importation of single-use vapes is targeted. There are extremely concerning reports of the importation of vapes into this country that flout legal safety regulations on the number of puffs and, potentially, the nicotine content. There are even reports of vapes that contain illicit or dangerous substances, as well as chemicals such as lead and nickel.
It is hugely concerning to think that many of these single-use vapes have been getting into the hands of a large number of our under-18s. Advertisements on social media, specifically designed to entice young people with bright colours and appealing flavours such as bubble gum and cherry ice, are luring our young people into nicotine addiction and the risk of illicit substances.
All this could have serious consequences for the physical and mental health of our young people. There are reports of children having their sleep patterns disrupted, by setting their alarms for 2 am or 3 am so that they can have a vape during the night to avoid withdrawal symptoms in the morning, and students leaving lessons, or even examinations, because they simply cannot last without the use of a vape. The statutory instrument specifically targets the disposable vapes that are afflicting so many of our young people.
Before I take Members on a walking tour of my constituency, I would just like to say thank you to the people who got me here. My parents, my wider family, my friends and my partner have always had my back. They have always supported my endeavours, and they have given so much to ensure that every opportunity was made available to me. Thank you.
There is something deeply personal about being able to represent your home. It is an honour to be able represent my friends, my family, my neighbours and my former classmates. In the years ahead, I look forward to rigorously standing up for all the communities that make up South Dorset.
Madam Deputy Speaker, wherever you look across my constituency, a strong sense of community and local pride is unmissable. Starting our stroll in the east of my constituency, we will find Studland and then Swanage, a small, charming seaside town. The people of Swanage have much to be proud of, including the legacy of one Trevor Chadwick. Trevor was a public-spirited man, a local schoolteacher and a lifeboat volunteer. In 1939, he joined Sir Nicholas Winton to assemble the Prague Kindertransport. Despite the clear dangers facing him, Trevor went to Prague to help rescue 669 children from the Nazi regime, yet, much like Sir Nicholas Winton, Trevor did not seek praise or recognition for his heroism, and for many years his work went unmarked. There now stands a statue in Swanage marking his proud legacy. Walking past it just the other day, I was reminded of the quiet selflessness and compassion that sits at the heart of all our communities. We can all learn from his example.
The town of Swanage is also rightly proud of its many independent businesses, its award-winning beach and its essential community hospital. Without these institutions, the town would be lost, so I look forward to advocating for all three at every opportunity.
Now, Madam Deputy Speaker, moving west on our walk along the coastline of my constituency, you are spoilt. Whatever other Members might claim, I know that my constituency truly is the most impressive, the most spectacular, and the most charming. If you do not believe me, just ask UNESCO. My constituency is the proud home of the Jurassic coast: St Aldhelm’s Head, Chapman’s Pool, Bacon Hole, Lulworth Cove, Durdle Door and Ringstead bay are all geological gems dotted along the coast. Most hon. Members have probably already visited this part of my constituency, either on a romantic weekend away, a summer holiday or an ill-fated geography field trip many moons ago. Either way, all who visit the Jurassic coast leave with lifelong memories. Rural communities such as Corfe, Worth Matravers, Langton Matravers, Winfrith and Wool are all proud to call the Jurassic coast our back garden. I will do all I can to defend, preserve and enhance that unique landscape.
Ambling further west, we arrive at the friendly seaside town of Weymouth. Weymouth and nearby Portland were a key departure point for the Dunkirk evacuation and, later, the D-day landings. My home town was a generous home to soldiers, sailors and airmen during the second world war. In the months prior to D-day, Weymouth hosted thousands of British and allied forces as they prepared for the liberation of Europe. In Weymouth we do not easily forget the importance of those D-day landings, and our town is proud of the role that we played in turning the tide against fascism. In a world that often feels insecure and riven by conflict, our community will always remember the sacrifices made to defend democracy and freedom.
Weymouth also remains proud of a local parliamentarian, Sir Thomas Fowell Buxton. In the early 19th century he was a Member of Parliament for Weymouth and a leading member of the abolitionist movement. Alongside William Wilberforce, Buxton led efforts to abolish slavery throughout the British empire. Wherever I go in Weymouth, there are quiet reminders of that important figure and the role he played in making the world a more civilised place. We are proud of his legacy and I believe we are a kinder and more caring community because of it.
Weymouth is a fantastic place to call home, but that does not mean our town is without its challenges. Growing up there the message I too often heard was that to get on, you had to get out. I reject that outlook altogether. I am proud to call Weymouth home and I will do everything I can to attract the jobs, investment and opportunities that every young person there deserves.
Arriving at the westward end of our walk through my constituency, we find the Isle of Portland, but we do not need to visit Portland to appreciate its significance. Parts of this Palace of Westminster were built using Portland limestone. The Cenotaph and Whitehall were also constructed using that stone, as were the United Nations headquarters and much of Buckingham Palace.
We are proud that a part of Portland can always be found in the corridors of power, yet Westminster and Whitehall can too often feel remote and far removed from life on the island. I will always stand up for the proud communities living in Portland, and I will do what I can to shrink the gap between communities and the corridors of power. I have begun by working with the Government to shut down the Bibby Stockholm barge, and I will continue by challenging proposals to build an incinerator and by campaigning for improved healthcare and much-needed green investment.
Well, there you have it, Madam Deputy Speaker: a short ramble across South Dorset, all enjoyed from the comfort of these green Benches. The countryside and coastline, the towns and villages that make up my constituency are brimming with pride and with strong communities. It is an immeasurable honour to represent each and every one of them, and I shall seek to serve them first and foremost in this House.
We face an escalating crisis that affects our planet and the next generation. Young people are our future and we owe them swift and meaningful action. The Liberal Democrats support the measure, but we hope that the Government will ensure that the ban is effective and that manufacturers and retailers will play their part. There must be robust regulations and investment in cessation services, and the health of our communities must be prioritised. I hope that the Government will take this opportunity to address these concerns with the urgency that they demand, to ensure a future that protects the health and wellbeing of young people and preserves our environment.
Demand for multi-tank vape products has been growing since the UK-wide disposable vape ban was first proposed in January of this year. The regulations appear to ban very high puff-count devices, but it is likely that from next June, irresponsible manufacturers from overseas will innovate to sidestep that ban; they may possibly make their mesh coils replaceable, so they can continue to sell those products. It would be better for the Government to legislate for “one device, one tank”. If the Minister cannot be more explicit about devices in these regulations, I hope that the Government will address those points in the Tobacco and Vapes Bill.
As I say, we must be mindful that vapes have been the most effective tool in helping smokers quit. I hope we can take some heed of that fact and make the regulations work, so that the remaining 6 million smokers in this country move away from cigarettes, most likely with the help of vaping.