181: Clause 138, page 79, line 2, leave out from “designating” to end of line 3 and insert “as vape-free any place in England that is a—
(a) public playground,(b) provider of early years education, or(c) school.”Member’s explanatory statement
This amendment restricts the Secretary of State’s power to designate vape-free places to only playgrounds, providers of early years education and schools in England.
My Lords, this group of amendments deals with the designation of vape-free places. As with the earlier debate on smoke-free places, they probe—I stress, probe—the Government on the powers they seek to extend the restriction of the use of vaping products, and whether those powers will be exercised proportionately and responsibly.
There is a careful balance to be struck here, just as with other issues. We all agree on the importance of protecting children and preventing the normalisation of vaping among young people, but at the same time we must recognise that for many adults vaping represents a less harmful alternative to smoking—a point that the Minister has repeatedly made—which can be an essential part of a person’s journey towards quitting altogether.
It is with this balance in mind that we have tabled what I stress are probing amendments—Amendments 181, 183 and 184. Amendment 181 would restrict the Secretary of State’s power to designate vape-free spaces to three categories of child-centred environments where there is arguably a rationale for such prohibition. But beyond the specific context, the case for ministerial intervention may become weaker. As with the earlier group of amendments, we are probing the Government on the level of discussion and accountability in granting Ministers this very wide discretion to designate almost any public or quasi-public space vape-free, provided that it is also designated smoke-free.
This gives rise to two questions. First, if the Government are not minded to accept this amendment, as with the question on tobacco-free spaces, can the Minister tell the Committee whether the designation of vape-free spaces would be by way of the negative procedure, the draft affirmative procedure or the “made affirmative” procedure?
My second question relates to the consideration the Government have given to the effects of passive vaping as opposed to passive smoking, particularly in outdoor environments. I tried to look for papers on the effects of passive vaping and my impression is that there is as yet no definitive conclusion on the harms from passive vaping in outdoor settings. One study concluded:
My Lords, I rise briefly to address a couple of these amendments in a broad sense. Amendments 182 and 187 would ensure that all schools and colleges were vape-free and would require them to proactively implement policies as such. I draw here on my own experience from the Learn with the Lords scheme. I had a shadow from that scheme here in Parliament—a young woman of about 16 or so. She had been with me for about an hour when she said to me, in tones of total desperation, “I need a vape”. I confess that that is not something within my personal experience, and I am not entirely sure about where I took her, although it seemed an appropriate place and I did my best. But I think that we have to acknowledge that schools, colleges and other similar institutions will encounter people who have started vaping and are experiencing great difficulties with addiction to that vaping. I would want to keep it so that the school can make its own decisions on what is best for its own situation and its community, rather than trying to apply a blanket ban. We know what the ideal would be, but we have to think about the reality for head teachers and others who have to deal with that practical situation.
I also want to speak against Amendment 182A, which would allow vaping products in places where it is reasonable to expect that everyone present is over 18. I should declare another interest here. I must admit that I really do not enjoy walking down the street and getting a face-full of vaping fumes through no choice of my own. Many of the pubs, clubs and bars that are likely to be in this situation are already voluntarily vape-free. We do not want to force them to change the circumstances of what works for their patrons.
My Lords, I shall start with Amendment 182A tabled by the noble Lord, Lord Howard of Rising, which replaces his withdrawn Amendment 180A. It seeks to specify that vaping should be allowed in locations where it is “reasonable to expect” that only people over 18 congregate. I believe this would limit the Government’s response under their powers in the Bill if future evidence emerged that action would be desirable. Given that parts of the Bill seek to limit any action that opens the way to under-18 vaping and to discourage those aged 18 to 24 from vaping, except as a smoking cessation tool, this amendment would appear to be in opposition to that objective, which I share.
I have commented before that many young people slip undetected into over-18 places—the noble Lord, Lord Kamall, has just accepted that that does happen now and then—so the amendment could undermine the Bill’s objective, which could be why the noble Lord has reworded it. However, many indoor settings already voluntarily designate their premises vape-free, and they may do so because many non-smokers find vaping as well as cigarette smoke offensive because of the smell. I am sure they would not have done that if it were bad for business. Any change in this situation would require further consultation, so perhaps that is what the Minister might say.
Going back to the beginning of the group, Amendments 181 and 184, tabled by the noble Lord, Lord Kamall, seek to restrict the Government’s ability to act in future to three specific locations. I am glad that the noble Lord did not specify that hospitals should be designated vape-free, because vaping may be a valuable quit-smoking aid to patients. However, it does not seem to me that these places need to be specified in the Bill. There is going to be a lot more consultation, and I hope that evidence will come from the call for evidence.
Amendments 182 and 187, in the name of the noble Lord, Lord Udny-Lister, are unnecessary as schools already have the power to ban students bringing vapes on to their premises as they cannot have been obtained legally if the students are under 18. However, it is sad that many of them either do not do so or find it hard to enforce their ban, if they have one, for the reasons the noble Baroness, Lady Bennett of Manor Castle, has just mentioned. One has to have sympathy with young people who have managed to be hooked on nicotine so badly that they have to say, “I need a vape”, as she put it. I hope that schools in particular, where the pupils are under 18, will see it as their duty to discourage vaping among their pupils. In support of that, I would be sorry to see staff vaping on the premises because it is a very bad example.
My Lords, I rise briefly to support my noble friend Lord Kamall on the Front Bench. I have not taken part in these debates before, but I have to say that I find it quite disturbing that we should be making laws because perhaps we do not like walking down a street where people are puffing vapes. I do not, but there are lots of things I do not like that people do, and I am not going to ban them all—well, perhaps I would, actually, but I am not going to.
Similarly, if you cannot be hooked by passive vaping, as my noble friend Lord Kamall said, I am not quite sure why we are taking it so seriously. As I understand it, vaping is not addictive; nicotine is addictive, but vaping itself is a different matter. It also seems to me that we are legislating unnecessarily. I am afraid, to broaden the subject slightly, that this will lead to yet further influxes of cheap and nasty vapes, which may or may not be, as the noble Baroness just said, influenced by other matters.
My Lords, I am most grateful to noble Lords for their contributions to this debate. Let me first turn to the opposition to Clause 138 standing part of the Bill, which has been proposed by the noble Lord, Lord Udny-Lister. Clause 138 amends the Health Act 2006 to insert new provisions relating to vape-free places in England. These provisions allow the Secretary of State to designate certain places and vehicles as vape-free, but only where they are also smoke-free.
The noble Lord, Lord Kamall, asked about evidence. The fact is that evidence is developing, as the noble Lord himself rightly acknowledged, but we do know that while vapes are less harmful than smoking, there is a reason why the Chief Medical Officer says:
“If you smoke, vaping is much safer; if you don’t smoke, don’t vape”.
Vapes are not harm-free; there are legitimate concerns regarding the unknown long-term health impacts of vaping. They produce aerosol that exposes people to nicotine and potential toxicants, which poses health risks to children and medically vulnerable people in particular; for example, they can trigger asthma attacks. It is therefore important and right—I say this to the noble Lord, Lord Robathan—that the Government act to protect more vulnerable groups from potential health harms. I should also say that evidence suggests that, in adolescence, the brain is more sensitive to the effects of nicotine, so there could be additional risks for young people compared to adults.
As the noble Baroness, Lady Walmsley, said, many businesses and enclosed public places already have in place, on a voluntary basis, schemes to prohibit vape usage on their premises. We want to introduce legislative requirements to make it clear to the public where it is illegal to use vapes and to enable enforcement agencies to enforce accordingly. I know that noble Lords understand the reasons for wanting to be clear about what is and is not legal, and this Bill and the provisions in it are very much part of that.
My Lords, I thank the Minister for her response; I also thank all noble Lords who spoke on this group. I am grateful to the Minister for confirming that any further extension of the designation of vape-free places will be done via the affirmative procedure, which is very welcome.
I have a couple of outstanding questions; I suspect that the Minister and her department were not able to get the answers quick enough, thanks to the power of the internet or whatever, so I wonder whether the Minister could write to noble Lords on these matters. First, is there any evidence yet from studies of passive smoking in outdoor settings? As I said, the studies I looked at were all on indoor settings; nothing has been done on outdoor settings. It would be good to know what evidence the department currently has. I also ask the Minister to share that evidence, with the appropriate links, so that we can all understand it. usbI understand that the consultation is all about seeking further evidence, but it would be interesting to know what evidence the department currently has—on the understanding that the evidence is evolving, as the Minister rightly said.
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I also thank the Minister for addressing the issue of those in mental health settings, because the answer given previously was incomplete. I now understand that the Government are working on it and that that is an evolving situation. I should welcome any further reassurance that the Minister and the department could give on ideas that they are looking at, perhaps without any commitment. We are not trying to trip the Government up on this and say, “You said this”, or whatever. We genuinely want to know which ideas are narrowly defined and can help those in mental health settings that do not act as a loophole for others to access vapes, not as a smoking cessation tool but for someone who wants to vape otherwise. That would be important.
The other point that the Minister made was that schools themselves as areas would be designated vape free. Have there been any discussions with teachers’ organisations or teachers’ unions? The noble Baroness, Lady Bennett, talked about the child or young person who was desperate for a vape. You can imagine after a particularly challenging lesson a teacher desperately needing to turn to an e-cigarette or a vape. What options are available for teachers in those settings, if they really want to turn to a vape? I hope the Minister will not say that they could turn to a bottle of whisky, or anything like that. Clearly, there is, or could be, an issue here. The Minister might say that I am finding a problem where there is none, but you can foresee that situation where an adult teacher desperately wants to turn to something as a sort of a calming measure but is unable to do so because it is a non-vaping environment. It could be simply that they have to walk five minutes down the road or something. I should be interested in what the department’s current thinking is.
As I said, these are really probing amendments just to understand the Government’s intention and the evidence base they are seeking. As we have said, we do not think there is any evidence yet, or sufficient evidence, on the harms of passive vaping in outdoor settings, but we would appreciate any evidence that could be given to us as we seek to understand that. Also, it would be good to understand the consultation process that the Minister mentioned. Given all that, and the answers from the Minister, I beg leave to withdraw the amendment.
20 of 131 shown
“Bystanders in both settings (a car and in a room) experienced some short-term irritation symptoms, expressed as dry throat, nose, eyes, and phlegm. In conclusion, short-term use of an e-cigarette in confined spaces increased harmful particulates of 2.5 micrometres or less and caused some irritation symptoms in bystanders.”
Another study looked at the effects of 76 subjects who were vaping next to 73 non-vaping subjects who had agreed to be exposed to the vapour. The conclusion was that non-vaping subjects exposed to vapour had significantly higher oral temperature after 20 minutes of exposure, but blood sugar and forced vital capacity—in simple terms, a measurement of lung function—were not significantly affected by vaping or exposure to vapour.
The point here is that the vapers were sitting next to the non-vapers or passive vapers, and I have been unable to find any studies on the harms of passive vaping in outdoor environments. So my second question is a simple one: what evidence do the Government have on any negative effects of passive vaping in outdoor spaces? Can the Minister write to noble Lords with links to and details of these studies, and the department’s own assessment of them? Can she give an assurance that, if the Government designate further outdoor spaces, this will be based on scientific evidence of harm?
I also have to admit a certain concern about messaging. We know that some people believe that vaping is as harmful as smoking, which is clearly a barrier to encouraging smokers to switch to vapes. If the Minister does not believe that the harm profile of passive vaping is the same as that of passive smoking, what is the rationale for linking smoke-free and vape-free places? If the Minister does indeed recognise that the harm profiles of these products are in fact different, does it not make sense that the places liable for designation under the Bill should in fact be different?
Amendment 183 is equally important and would prevent the Secretary of State from designating as vape-free any hospital or part of a hospital that provides mental health services. We have had the discussion before: in many mental health settings, many people have a higher risk of smoking than those in the general population. Vaping can be a vital tool in reducing harm, improving well-being and supporting gradual cessation. To impose a ban on such settings not only would be counterproductive but, in some cases, could be inhumane. It would risk forcing some of the vulnerable individuals in society back towards cigarettes and undermine the very public health objectives that this Bill seeks to promote.
I want to probe the Government on how the nuance will translate into practice. On an earlier set of amendments, the Minister said that
“vapes will still be able to be sold in healthcare settings via on-site shops. It is the sale through vending machines that we are seeking to prohibit in the Bill”.
When my noble friend Lord Moylan raised the issue of vapes for smoking cessation in hospitals, the Minister replied:
“We know that a number of mental health trusts, for example, are providing free vape starter kits as part of our national Swap to Stop campaign. The noble Lord’s point was well made, and we continue to work on that”.—[Official Report, 30/10/25; col. GC 232-33.]
Could the Minister clarify what was meant by “we continue to work” on that? Is she saying that all patients in mental health settings who want a cigarette or vape will be offered one of these free vape starter kits? If not, what is the solution that the Minister is working on to make sure that those who do want access to an e-cigarette or a vape can get one, as my noble friend Lord Moylan intended in his earlier set of amendments?
Amendment 184 in my name and that of my noble friend Lord Howe simply suggests clear definitions for “public playground”, “provider of early years education” and “school” to ensure that any designations made under these powers are precise, transparent and legally consistent.
I turn briefly to Amendments 182 and 187 from my noble friend Lord Udny-Lister. They offer an opportunity to probe the Government on whether they intend to prohibit only those under the age of 18 from vaping on school premises or whether they have had any discussions with teachers’ organisations or perhaps trade unions on banning teachers and adult visitors from vaping on premises of schools and colleges. I believe that most if not all noble Lords agree that vapes offer smokers a pathway to quit smoking. We understand the concerns about children taking up vaping, so how do we get that balance in settings where there are children but also adults—some of whom, maybe after a stressful class, will want to turn to a cigarette or a vape?
I quickly turn to Amendment 182A in the name of my noble friend Lord Howard of Rising, which raises the important issue of age and responsibility. In spaces where we know that most people will be over 18, it makes sense that vaping should be permitted. I understand that there may be certain settings where people under 18 manage to creep in. I am sure that in our youth we all did that, although I have no evidence of my own past misdemeanours in that sense. What consideration has the Minister given to the challenge that the noble Lord has raised and what is the Government’s view on the potential harms that vaping in such a space could have? In other words, why do they believe that the Bill as drafted, particularly with respect to these issues on vaping, is necessary? I look forward to the answers from the Minister and I beg to move.
There is a major problem with young people buying unlicensed vapes, some of which have been adulterated with THC or the drug spice, which is a dangerous development. The latter is particularly addictive and harmful, so I hope that schools would be active and vigilant on this matter. However, I think the Minister may tell us that more consultation is taking place on this issue, so I am content to wait for that.
I support the principle of Amendment 183, from the noble Lord, Lord Kamall, which would prohibit the Government designating mental health trusts as vape-free. We must recognise the use of vaping in mental health and smoking cessation, alongside treatment, so the trusts should be able to make their own decisions about vaping on their premises. I very much hope that the Minister will reassure us that the Government do not have any intention of designating mental health trusts as vape-free areas. For all those reasons, and those given in previous debates, I would not support removing Clause 138 from the Bill. The public strongly support their opportunity to go into vape-free places, and many businesses have understood that already.
Again, as the noble Baroness, Lady Walmsley, welcomed, the main answer to all the questions today— I will continue to go through the various amendments—is that we will be consulting on making indoor settings that are subject to existing smoke-free legislation vape free. The consultation in this area and beyond is crucial, because we also plan to consult on making some outdoor places where children are present vape free—for example, children’s playgrounds, and the outdoor areas of schools and early years settings.
The noble Lord, Lord Kamall, asked about how we will recognise the difference between harms. I can assure him that this is an area we absolutely want to get right. We do want to ensure that adult smokers who are using vapes as quit aids are doing so in appropriate places, such that they do not return to smoking. That is exactly why we will consult before making regulations and carefully consider the responses to ensure the policy seeks the appropriate balance.
Amendment 182A tabled by the noble Lord, Lord Howard of Rising, would mean that some indoor areas, for example nightclubs, would not be able to be made vape free. I am grateful to the noble Baroness, Lady Walmsley, for her views on this. As I have already outlined, vapers pose potential risks to both users and non-users, especially indoors. We had a debate in an earlier group about the workability or otherwise of designating particular areas as able to police themselves. It is quite important to say to the Committee that the vast majority—around 90% of those over 16—do not currently vape. Just because someone is in an over-18 setting does not mean that they are content to be exposed to these second-hand harms.
As discussed, this is a particular concern for medically vulnerable people whose conditions may not be in the least visible to the vaper, who I am sure does not wish to cause harm—for example, those with asthma. Additionally, people who wish to vape will still be able to do so in outdoor hospitality settings—for example, in the outdoor smoking areas of an over-18 nightclub. We have been very clear that we will not be consulting on including those outdoor areas in the scope of vape- free places.
Ultimately, the Bill grants powers to make places vape free and does not itself make any place vape free. The consultation will ask questions relating to areas that should become vape free, any necessary exemptions and any additional evidence on the second-hand harms of these products. Therefore, in our view there is no change needed to the primary legislation.
It is appropriate now to turn to Amendments 181 and 184, tabled by the noble Lord, Lord Kamall, which would seek to limit the locations that can be designated as vape free. As I have already outlined, the current power allows us to respond to evolving evidence at a later time and ensures the Bill is future-proof. The noble Lord asked about the process. I can confirm as I have done previously that the power for vape-free places will be through an affirmative regulation. That will mean, as the noble Lord knows, a debate in both places. The noble Baroness, Lady Walmsley, talked about vape-free areas being specified in the Bill. I hope I have explained why that is not the case. It is particularly important as we talk about evolving evidence that we look to the future. That is why we will be consulting and why we will turn to regulations.
The noble Lord, Lord Kamall, mentioned vape-free schools and asked whether that measure applies to children or adults. I can confirm that it is about the area rather than the people in it. So there are no limitations on people of a certain age; it is the area that would be designated.
I turn to Amendments 182 and 187 in the name of the noble Lord, Lord Udny-Lister, which relate to vape-free policies in schools and colleges in England that are made vape-free places. It is my view that these amendments are not necessary. As I have said, we have already made it clear that we will consult on making schools, sixth-form colleges and early years settings vape-free places. Public consultation will allow us to gather views from a wide range of stakeholders, including those who run education settings. Enforcement officers will have the power to issue on-the-spot fines or pursue convictions where they deem it necessary for the offence of using a vape in a vape-free place. However, we anticipate—this may be helpful to noble Lords—that there will continue to be a role for internal sanctions for pupils found vaping on the premises. Schools are already required to publish a behavioural policy.
In relation to education provisions for pupils on vaping, we have worked closely with the Department for Education to incorporate education on the risks of vaping and nicotine use in the recently updated relationships, sex and health education statutory guidance for schools and teachers; I am sure that the person referred to by the noble Baroness, Lady Bennett, will benefit from that in future.
I appreciate the points made by the noble Lord, Lord Kamall, and his intention in Amendment 183, to which the noble Baroness, Lady Walmsley, also spoke. I agree that it is important that patients receiving care in a mental health setting have access to appropriate smoking cessation tools; that is particularly true given that smoking rates among those with a long-term mental health condition are far higher than in the general population. As I have mentioned previously, in England, we are considering making inside hospitals—but not outside them—smoke-free. I appreciate and am alive to the fact that there are particular considerations in the case of mental health facilities, but I assure noble Lords that we are keen to get things right in this area and are going to follow the evidence. We want to ensure that vapes can continue to be accessible as an effective quitting aid for adult smokers; noble Lords have made strong and important points about this. As outlined, we believe that the details of any exemptions are best explored through the consultation process, although we understand the intention behind the amendment.
I hope that this provides reassurance and understanding to noble Lords that the settings that will be in scope of the vape-free policy will be fully considered by consultation and then considered under the affirmative procedure. I hope that the noble Lord feels able to withdraw his amendment.