114B: After Clause 48, insert the following new Clause—
“Regulations made under Part 1: Windsor Framework(1) Before making any regulations under this Part, the Secretary of State must—(a) commission an independent legal opinion assessing—(i) the extent to which the implementation of this Act in Northern Ireland complies with the Windsor Framework;(ii) the likelihood of any increase in the illicit trade in tobacco products if regulations under this Act are made in relation to Northern Ireland otherwise than in England, Wales and Scotland;(b) publish that legal opinion;(c) consult any person they consider appropriate.(2) The Secretary of State may not make regulations under this Part unless the Secretary of State is satisfied that the legal opinion under subsection (1) demonstrates that the implementation of Part 3 of this Act (sale and distribution: Northern Ireland) is fully compliant with the Windsor Framework and consistent with the Tobacco Products Directive of the European Union (2014/40/EU).”Member's explanatory statement
This amendment seeks to prevent the Secretary of State from making regulations about the sale and distribution of tobacco in England and Wales until they have considered and demonstrated that to do the same in Northern Ireland would be fully compatible with the Windsor Framework and the Tobacco Products Directive.
My Lords, I will also speak to Amendments 138A, 200 and 201A. Before I go into them, I want to remind people that if this Bill goes through in its entirety as it is now, starting in February 2028, adults under the age of 21 in the Republic of Ireland will be barred from buying tobacco at home but will still be able to nip across the border to stock up in Northern Ireland. If the generational ban comes in, the cross-border relay will reverse, with 22 year-olds banned from buying tobacco in Belfast still free to nip over the border to Dublin. As the years go by, the legal uncertainty will get worse: 43 year-olds will not be able to buy a packet of cigarettes in Enniskillen legally, but a 44 year-old will; while just down the road in Donegal, both will be able to do so freely. It may sound amusing, but smugglers and so on will be absolutely delighted at being able to make such a lot of profit.
These amendments deal with issues that I sometimes think can be summed up as those that “dare not speak their name”, or, at least, those the Government seem to be putting their head in sand over. They all deal with the question of whether, because of the EU tobacco directive, the Bill can or cannot apply to Northern Ireland. According to that directive, states cannot limit the placing on the market of tobacco products. It was that which caused the Governments in Denmark and the Irish Republic to withdraw proposals to do more or less what this Bill is doing, because they would breach the European Union tobacco directive.
Before noble Lords say that Parliament is supreme and if it says that Northern Ireland is included, of course it will be, I remind them that under the Windsor Framework/protocol, Parliament no longer reigns supreme over one part of the UK: Northern Ireland,
“because Section 7A of the European Union (Withdrawal) Act 2018 overcomes every other provision in any other statute, whenever enacted, that stands or would stand in its way.”
My Lords, I will speak in support of my Amendment 216, which proposes a new clause that would provide accountability and oversight. In my submission, it would balance flexibility with constraint and ensure the approval of the next Parliament for this policy. It would also provide a check on ministerial power, encourage inclusivity in the process and provide transparency as to how the policy evolves. In doing so, it aligns with the better regulation principles so fluently outlined by my noble friend Lord Johnson in his speech to the Committee in our previous debate. The better regulation principles emphasise the regular review of laws, avoid unnecessary burdens in respect of outdated legislation and help to maintain proportional public policy.
Amendment 216 would ensure that the significant regulatory powers in the Bill do not continue indefinitely without political scrutiny. It would create a five-year period for a formal review and allow the consideration, after that period, of any new evidence about public health outcomes, compliance levels, market behaviour or unintended consequences. I refer to my remarks to the Committee in our first debate, when we discussed the impact of the Bill on the growth of the black market for tobacco products, particularly cigarettes.
The provision would also encourage policy flexibility and development, ensuring that it remains fit for purpose. As the Committee can see, it requires an impact assessment before a potential renewal of the policy, to ensure that it remains data driven. The impact assessment would require a full consultation, with two months to respond, on the draft regulations that would result from the consultation process. That would ensure that a decision to proceed or not takes into account the views of all stakeholders, including manufacturers and retailers.
The provision is flexible in that it gives the Secretary of State power to extend the life of the provisions by regulation to six years, or to shorten it to four years if necessary. That is a measure of proportional consideration that has been included in my amendment. Requiring the renewal of the regulations related to the Tobacco and Vapes Bill to be subject to the affirmative procedure would allow Parliament to debate and approve the provisions and to determine whether they should remain in place. This measure requiring parliamentary approval to proceed would mean that this policy would then have political legitimacy in the next Parliament.
My Lords, I shall speak to my Amendments 195 and 196 on reviews and compliance; I thank my noble friend Lady Walmsley for adding her name in support of them.
We support this Bill and its core intention of creating a smoke-free generation. More than that, we support the fact that this Bill is making progressive changes with the aim of having lasting impacts. However, it is often these very forward-thinking ideas that require further reviews and guidance because they are, by their very nature, new and different. It is surprising to me that the Bill as drafted does not contain any form of formal review mechanism. We think that a review mechanism is fundamentally necessary and useful, the intention being to support the aims of the Bill and not to detract from them in any way. It is in this spirit that I speak to my amendments.
Amendment 195 would require the Secretary of State to conduct and publish a review of the Tobacco and Vapes Act within six months of 1 July 2030, when those born on or after 1 January 2009 will have reached the age of 21. This review would evaluate how effective the Act has been, including whether the legislation has reduced the use of tobacco and nicotine in the first affected generation and whether it has achieved its intended objectives and public health outcomes. It would also examine any unintended effects, such as challenges with enforcement, widening health inequalities or any growth of illicit or unregulated markets. This early-stage review process would ensure that Parliament can assess the policy’s impact on young adults and make timely adjustments if any are required.
My Amendment 196 would mandate a further, more comprehensive review of the Act’s implementation when the same cohort reaches the age of 25, four years later, to be published within six months of 1 July 2034. This second review is designed to assess the longer-term success of the legislation, including changes in smoking and vaping prevalence; impact on public health outcomes; and the role of cessation programmes. It would also explore any emerging social or economic consequences, offering a deeper understanding of the Act’s sustained effectiveness. This later review would provide Parliament with a robust evidence base to determine whether further legislation or policy adjustment is needed.
My Lords, I support the amendment standing in the name of the noble Baroness, Lady Hoey, and of course Amendment 200, which stands in her name and my own. I look forward to the Minister’s response to this debate, because she is now expected to deliver not just political answers but legal judgments. I note that the noble and learned Lord, Lord Hermer, is not usually so reticent in making his opinions known, but he seems incredibly bashful when it comes to the Windsor Framework. He has of course been known to have an involvement in Northern Ireland affairs in the past, so I look forward to what the Minister has to say on that.
The legislation before us in the latest in a whole series of measures, both primary and secondary, which are affected by the Windsor Framework or protocol. “Windsor Framework” is of course just a new name for what is substantially the Northern Ireland protocol. A few minor amendments were made but it is substantially that protocol, as agreed by the previous Government with the European Union. Section 7A of the European Union (Withdrawal) Act 2018 is, as the noble Baroness, Lady Hoey, outlined, the conduit or means by which European law takes precedence over any UK legislation, primary or secondary, in over 300 areas covering vast swathes of the economy of Northern Ireland. Let that sink in: when we talk about Brexit and sovereignty, part of the United Kingdom is subject to European law in over 300 areas.
Just this past month, we have been debating various issues, including the supply of veterinary medicines to Northern Ireland, some of which may be discontinued because they do not conform to EU standards, causing major problems for animal health. The Government are showing no urgency in addressing this. The Select Committee on which I have the privilege to serve looked at this matter yesterday; I hope that we will get some action. We also looked at the issue of dental amalgam, and now we have this tobacco Bill. In all these issues affecting Northern Ireland, UK legislation is disapplied or cannot apply because of the Windsor Framework/Northern Ireland protocol.
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The other day we heard that, because the EU is so inextricably involved in the United Kingdom’s internal affairs, the UK Government had to submit a notice under the EU technical regulation information system to EU member states about their intentions regarding this legislation. This is UK legislation, post Brexit. We are a sovereign United Kingdom, but we have written to the European Union. That notice was dispatched on 18 August. Member states had three months to review the legislation and raise concerns through a detailed opinion. During the standstill period, the Bill cannot be adopted.
It appears that at least one EU member state has signalled that the smoking ban could breach EU law. We have had references to what happened in Denmark and elsewhere. The standstill period has now been extended to 18 February. Can the Government outline their knowledge of what is going on? Which member states have objected? What is the current status of the standstill period? At the time, a government spokesperson said that the Bill was not delayed, although clearly nothing can happen until 18 February. The spokesperson said that they expect it to apply to the whole of the United Kingdom. These words—expectation, aspiration, intention—are very unusual when it comes to primary legislation. Surely a UK Government should be able to say, in presenting draft legislation to Parliament, that it will apply and that there is a guarantee. I look forward to the Minister’s response.
My Lords, I am sorry, but we will have to wait a few more moments for the noble Baroness’s excellent speech, which I know is coming filled with logic and reason.
I want briefly to speak in favour of many of these amendments. I echo the points made by the noble Lord, Lord Dodds, on the importance of the validity of the evidence relating to the TPD. Does the Minister feel that this legislation is in the spirit of the Windsor Framework? It may be technically in line with it, but is it in the spirit of it to have two totally different trading environments on the island of Ireland? I am not sure whether information relating to the potential objections from member states to this is published and can be accessed. What can the Government tell us about the objections and the information that we can gather around that? If the Government will not accept these clear, simple and reasonable amendments, why not?
Creating a smoke-free generation is extremely groundbreaking and novel, fundamentally trampling on the human rights of an adult to make a free decision. This is seismic, though I disagree entirely with it. Many in the Committee believe in this and I have the greatest respect for the Minister, but it is a significant move away from all the liberties that this Parliament and Parliaments over many centuries before us have tried to protect. If we go down that path, it is important that there is true validity, that every option has been explored and that all the legal issues have been thoroughly explored. If not, you will lose the cultural change, which is what this is about. This is not just a technicality, about trying to change the law to reduce some act. It is a huge cultural change, changing the activities of people in this country. If it is done in a nefarious or opaque way and there are further complexities with endless legal challenges, it will lose its impact. It is important that we are open as to where the problems are and that we understand them better. Simply being told that everything is okay is not good enough.
My Lords, I strongly support my noble friend Lord Russell’s Amendments 195 and 196. As he said, they intend to support the core principles of the Bill and ensure effective delivery. It is one thing to legislate; it is quite another to deliver and even to implement. I am currently involved in following measures that were put into legislation through the Health and Care Act 2022, which have still not been implemented. We must make sure that things like that are properly implemented.
Whatever the Government’s intentions are now, when the facts change a sensible person changes appropriately, albeit along the same core principles. A number of potential barriers along the way have been suggested by noble Lords as we have debated the Bill, including today, such as an expansion of the illicit market; the possible clever responses of the tobacco industry to get round the intention of the Bill to protect young people and achieve a smoke-free generation; and technical issues such as age-gating, age verification and so on.
Although the Bill gives the Government wide powers to act, my noble friend’s points about having two reviews, to which his amendments would mandate the Government to adhere, would give naysayers confidence that any unintended consequences would be dealt with either by the Government using the powers in the Bill or by introducing further legislation if necessary after the reviews.
I particularly support my noble friend’s inclusion of nicotine use in his request for reviews. Although the use of vapes as a quitting tool has already been shown to be effective, we all know that they have been taken up by large numbers of young people who have never smoked tobacco. However, the industry is still very young and there is still little evidence about the effect of both the flavour additives and the long-term use of nicotine on the young brain and lungs. Over the coming years, that evidence will emerge one way or another. We already know how addictive nicotine is and that it can make people feel stressed, restless, irritable and unable to concentrate. That is problematic for children in school, which is the very reason why sales of nicotine vapes are banned for under-18s, although illicit sales to younger people are really problematic for teachers.
My Lords, I will speak briefly to this group of amendments, which centre on three linked themes: the need for careful, joined-up policy-making; the need for proper review; and the need for clear accountability on how this Bill will work in practice once it becomes law.
In her Amendment 114B, the noble Baroness, Lady Hoey, directs the Committee’s attention once again to the issue of the Bill’s compatibility with the provisions of the Windsor Framework. I am glad that she has done so because I agree with my noble friend Lord Johnson; with no disrespect to the Minister, I felt that her reassurance on that question in our earlier debate was more of an assertion than a reasoned explanation.
The noble Baroness, Lady Hoey, and the noble Lord, Lord Dodds, are quite right that there is still considerable uncertainty and anxiety around the Windsor Framework issue. The noble Baroness quoted the opinion of the former Attorney-General for Northern Ireland, John Larkin KC; I will not repeat it, although I have those words in front of me. Like the noble Baroness, I am very concerned by his unequivocal statements on this question. Surely it is imperative that the Government can clarify exactly how the Bill will work in practice. It is not good enough to say merely that it will work; we need to know how it will work and how the concerns raised by legal experts such as Mr Larkin will be addressed.
An authoritative, independent legal opinion would give us much greater confidence on this point. Indeed, the question of legal compatibility has a direct bearing on the other amendments in this group, which pertain to Northern Ireland; we will listen very carefully to what the Minister says in response to those.
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Amendment 189 in my name and that of my noble friend Lord Kamall proposes something that I hope the Minister will not find controversial. It would test to see whether, in five years’ time, the Act is working as intended across the piece. We have included two key metrics: first, that it has led to a measurable and demonstrable reduction in smoking and vaping rates; and, secondly, that it has not done undue damage to businesses in our communities, particularly small and micro-businesses. It ought not to be too difficult to populate those metrics with meaningful data. If the Act is effective in fulfilling its purpose, we ought to see it resulting in clearly measurable changes within a few years.
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Those are not my words but those of John Larkin, KC, the former Attorney-General of Northern Ireland, who has provided a legal opinion on this Bill and Part 3’s compatibility with the Northern Ireland protocol of the withdrawal agreement made between the United Kingdom and the European Union.
I should declare an interest. John Larkin acted for myself, the honourable Member for North Antrim, the noble Lord, Lord Dodds, and others in the case which brought about the Supreme Court judgment stating that the Acts of Union had been suspended because of the protocol. Noble Lords will know that the legacy Act has also been affected by this ruling, as was the Rwanda Act. The Government gave brave assurances in respect of those Bills that they were content that this would apply to Northern Ireland, only for the courts to rule otherwise, as many of us predicted they would.
At Second Reading of this Bill in the other place, the honourable Member for North Antrim raised this question, as did I and other noble Lords at Second Reading in your Lordships House. When I referred earlier to the Government hiding their head in the sand, I was referring to the varying answers we get from Ministers on the Bill’s compatibility with the Windsor Framework/protocol. The word “intention” is used too often, and there is clearly confusion, if not downright silence.
The Minister said at Second Reading, at the very end of the long debate:
“I assure noble Lords that we are content that the measures intended to apply to Northern Ireland are consistent with the obligations in the Windsor framework”.—[Official Report, 23/4/25; col. 744.]
What I find very concerning is the way in which the UK’s Attorney-General, the noble and learned Lord, Lord Hermer, reacted. I wrote to him on 16 October enclosing the legal opinion of John Larkin and summarising the key conclusions of all the legal advice. I said that he and others had said that Parliament is simply not free to legislate effectively in those policy areas in which EU law still prevails through the Windsor Framework agreement in Northern Ireland. I mentioned the idea of the generational ban in both those other EU states where the common obstacle was the 2014 directive, and said that
“the 2014 Directive, taking effect through the WF and section 7A of the 2018 Act, is an insuperable obstacle to the effective enactment of Part 3 of the Bill”.
That was on 16 October. On 2 November, I got an email back, signed not by the Attorney-General but by “Vicky”, who I think is the diary secretary to the law officers. It said: “Dear Baroness Hoey, apologies for the delay in getting back to you and thank you for the email and letter below. The Attorney is grateful for your letter; however, please can we politely suggest that you contact the Bill Ministers, the Secretary of State, Wes Streeting, and Baroness Merron. They will be better placed to discuss the topics raised in your letter”. I find that quite astonishing and my admiration for the Minister has risen so much, because she is clearly now going to be able to speak on behalf of the Attorney-General and his legal team. I am absolutely surprised at that answer.
My Amendments 114B, 138A and 201A seek to ensure that these parts of the Bill will not come into force until the Secretary of State commissions and publishes the findings of an independent legal opinion showing that these parts are fully compatible with the Windsor Framework and consistent with the EU’s tobacco products directive. Amendment 200 provides a route to allow the Bill to apply in Northern Ireland, and this would be to exempt the tobacco directive from passing through the conduit that delivers EU law to Northern Ireland: namely, Section 7A of the European Union (Withdrawal) Act 2018. Only then can we be confident that our Parliament decides the law for the whole of the United Kingdom and not just Great Britain. It is quite outrageous that our sovereign Parliament, despite the majority of the country voting to leave the European Union, cannot produce a Bill these days applying to the whole of the UK that we can be certain will do so. We will see legal action after legal action, and we see on other Bills that this is already happening.
This Bill, which is fundamentally about health in our country, may have some flaws, but surely it is not too much to expect that citizens in my part of the United Kingdom should be treated as equal citizens when it comes to such an important issue as health. John Larkin ended by saying:
“The Bill serves almost as a textbook example of how a measure advanced by a Government commanding a large majority in the House of Commons can run aground, as respects its Northern Ireland component, on provisions contained in the WF. Parliament is simply not free to legislate effectively in those policy areas in which EU law still prevails through the WF in Northern Ireland”.
That is an absolute disgrace, and I hope that more and more noble Lords are beginning to realise the actual, perhaps unforeseen consequences—although warned about at the time—of signing up under EU diktat to what is going to happen in part of our United Kingdom.
I hope that clarifies matters, and I greatly look forward to the response from the person standing in for the Attorney-General—I was going to say the “mini” Attorney-General, but that is the wrong word—on these legally very important issues that really affect the Bill. We could all be sitting here wasting our time, because this could end up, as so many other Bills will, in the Supreme Court. I beg to move.
As noble Lords can see, proposed new subclause (2) in the amendment concerns the provisions of Part 3 of the Bill relating to sales in Northern Ireland. I draw the Committee’s attention to the answer given by the Minister to a question I raised on the first day in Committee. I asked her the following:
“The Minister has not yet touched on the issue of Northern Ireland. Is it right that the Windsor Framework precludes the generational smoking ban coming into effect in Northern Ireland?”
She replied:
“The Bill is UK-wide, as the noble Lord will be aware. It has been developed in partnership with the Scottish Government, the Welsh Government and the Northern Ireland Executive, and the intention is that the measures in the Bill will apply across the UK. I assure him that, in preparing the Bill, the Government considered all their domestic and international obligations and the Bill does comply”.—[Official Report, 27/10/25; col. GC 166.]
Given what we have just heard from the noble Baroness, Lady Hoey, on the careful and considered opinion of John Larkin, KC, the former Attorney-General for Northern Ireland, it appears that the Minister’s position was misplaced. Given what we have just heard about the correspondence that the noble Baroness has had with the Attorney-General, the noble and learned Lord, Lord Hermer, it seems that he is keen to wash his hands of the issue and refer to the experience of the Minister.
That is perhaps slightly unusual, given that there is a position called the Advocate-General for Northern Ireland—it was provided for in the Justice (Northern Ireland) Act 2002 and created upon devolution—but that senior Northern Irish legal post is held by one noble and learned Lord, Lord Hermer. Can the Minister give us a clear answer on whether the intention really is to apply these provisions to Northern Ireland? If it is not, is not the whole generational ban in some difficulty?
Together, these two amendments seek to ensure that future Governments do what this Bill sets out to do: to protect the next generation from the harms of tobacco and nicotine, and to do so through measures grounded in evidence, transparency and sound policy-making. My amendments are designed to strengthen the Bill’s core purpose as it is advanced over time. They would help to ensure that the Bill’s stated outcomes are reviewed and assessed, and that any further amendments are considered. They would ensure that evidence is examined at each critical stage of implementation. They would ensure that, where adjustments may be needed—whether in enforcement, cessation support or tackling unintended consequences—Parliament would be properly informed and, therefore, able to act.
The age of 21 is the first major milestone when we can meaningfully assess the outcomes. It is of foremost importance that the impact of the legislation be considered in relation to rates of vaping in the UK. It is vital that unintended consequences be examined if they emerge, particularly in relation to rates of vaping. This later phrase is vital. Every public policy and piece of health legislation brings with it the possibility of unintended consequences and side-effects, whether they concern enforcement, equity or the rise of illegal markets.
I believe it is important that these matters be reviewed. It is also essential that the review be based on adequate data which is used to re-examine the policy and check that it is effective. If policies emerge, it is important that this legislation be reviewed. These amendments are about ensuring delivery and that the Bill, when it becomes an Act, does what it sets out to do. I want to see a feedback loop between policy ambition, lived experience and data. These questions of enforcement and of rising age restrictions are important, as is the issue of black markets, so the Government need to review this legislation to see that it does what is intended. My hope is very much that the Minister will at least agree to take the principles of regular, evidence-based reviews back to the department, because this is a genuine offer to try to make sure that the Bill is effective over time.
Turning briefly to the other amendments in this group, Amendment 189 in the names of the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, is also about implementing a review of the Act. The review proposed in their amendment would come after five years and include laying a copy of that review before Parliament. In a different vein from my review, it would also include a review of the impact on small and micro-businesses. I am tempted to support their amendment, too. The central focus of the Bill is a smoke-free generation. That should not be at the expense of small businesses, but the most important element here is that we get a smoke-free generation, so I am minded to lend my personal support to Amendment 189.
Amendment 216, spoken to by the noble Lord, Lord Murray, again seeks to put forward a review. Where I part company on his amendment is its expiring nature. While we support reviews of the legislation, the review needs to happen and the consequences come afterwards. To put the expiry in the Bill sets up the possibility that a future Government of a different persuasion could use it as an opportunity to remove important elements of what will then be an Act, which we would not want to see happen.
I will leave it to the Minister to respond to the other amendments in this group on the Windsor Framework.
Northern Ireland is bound in this area by the tobacco products directive—directive 2014/40/EU—because it is listed in annexe 2 of the protocol. That is where we get the figure of 300 areas of law. Of course, although we can debate all these issues, and Northern Ireland representatives, and others, in the House of Commons and in this place can give their views, at the end of the day the decisions are made by the European Commission. The European Union will decide what happens in part of the United Kingdom, regardless of the views of anyone elected in the UK Parliament or the Stormont Northern Ireland Assembly, of whatever party, or anyone in this House.
That should perturb us all. It is not just a unionist concern; it is a concern for any self-respecting elected politician of whatever party that they are not able to make laws for the people they represent. Ultimately, unless this matter is addressed overall, it will have grave ramifications after the 2027 Assembly elections.
Article 24 of directive 2014/40/EU states:
“Member States may not … prohibit or restrict the placing on the market of tobacco or related products”.
It seems to me that, on any reasonable reading of the Bill—as backed up by the former Northern Ireland Attorney-General, Mr Larkin, who has been referred to—it does indeed fall foul of the tobacco products directive.
The Government say that they intend it to apply across the four nations of the UK, that they are confident that this is the case and that we should all be assured by that. But they have given previous such assurances, as has been referred to. They told us in very clear terms that the Rwanda Bill, for instance, would apply throughout the United Kingdom and that there would be no loophole in Northern Ireland, but the Northern Ireland courts inevitably struck that down. They judged not only that it was in breach of the European Convention on Human Rights but that it was disapplied in Northern Ireland. It was not just a declaration of incompatibility but a disapplication of the law in Northern Ireland, because it fell foul of Article 2 of the protocol. The protocol reigns supreme. It is the same in other immigration cases and in the legacy legislation.
There should be no doubt about the importance and width that the Northern Ireland courts are giving to this legislation. It is very clear: the European Union (Withdrawal) Act makes it absolutely explicit. I ask the Minister to outline exactly what the basis is for the Government’s confidence and assurances—and not just to reassert that they are confident or assured that it complies. What is the basis for these assertions and what will they do if, ultimately, the courts strike the legislation down as far as Northern Ireland is concerned?
Will the Minister and the Government give a commitment today that, if, at the end of the day, the courts agree with the judgments or opinions that have been given by learned former Attorney-Generals, they will come back to this House and legislate to override the disapplication? Why do they not adopt the amendments suggested here in this place to reassure everybody that there can be no question or doubt about the legislation’s application across the four countries of the United Kingdom?
Why not remove any prospect of litigation or any disapplication in Northern Ireland? This would give some reassurance that the Government are serious about the matter. A few weeks ago in the House of Commons, Secretary of State Hilary Benn said in response to a question that it was Labour’s aspiration to impose the Bill in full in Northern Ireland. What is the position—aspiration, intention, expectation? What about a guarantee through adopting these amendments?
I support the amendment tabled by my noble friend Lord Murray and will follow on from the well-made points from the noble Earl, Lord Russell. The Better Regulation Framework is an important component of how government functions. I challenge any Minister to explain to me what the Better Regulation Framework actually contains; I am afraid that I have never seen an example of it being properly followed. The key component is not just the nature of proportionality, which many laws simply do not fulfil, but the principle around a review of the effectiveness of regulations, their costs and impact. I have never seen a post-implementation review of any regulations; I am sure that they must exist somewhere, but I do not know how useful they are. In this instance, a review must go into the legislation in a very clear way. We must ask how we will assess whether this has been a success and we must establish now what that means. We should also make sure that we have some type of sunset, to ensure that there is a sense of focus.
The noble Earl, Lord Russell, mentioned the costs of implementation. To that I would add—forgive me if I misheard him—the effects on crime; whether the illegitimate marketplace has increased significantly, which we would expect; and whether it has actually worked. The amendment tabled by my noble friend Lord Murray has great logic, because if we were to create a smoke-free generation, surely all these excessive regulations, checks and so on will not be required, as no one will be engaging in tobacco usage of any sort.
I am aware that some of the amendments that we have put down challenge the principle of creating a smoke-free generation. We believe in them but, in this instance, we are looking at pieces of additional legislation that will make the Bill better. If the Government truly believe in their ambitions, our amendments will make them more likely to succeed.
We also know that nicotine leads to short-term increases in heart rate and systolic blood pressure; as I understand it, that is why tobacco pouches are endemic among professional footballers before a match. Unfortunately, this habit is being copied by many of their young fans. Some use several of them, resulting in dizziness, nausea and, in a few extreme cases, fainting. We do not know about the long-term effects of the use of nicotine by very young people, as the research focuses on users of legal age; this is the sort of thing that may emerge over the next few years. As to the future, we will see how well vapes and other nicotine replacement therapies work as quitting tools. We need to be sure that the legislation will respond to this and other evidence.
These two age points are significant since they have been suggested as an alternative by some opponents of the generational escalator in the Bill. Why not, they suggest, simply raise the legal age of sale to 21 or 25? A promise of reviews at these age points will help encourage those people to support the Bill as it stands, so I hope that the Minister will accept these two amendments; I prefer them to the amendment in the name of the noble Earl, Lord Howe, except that I certainly support his reference to small businesses. I am sure that noble Lords will know about these matters from previous debates, but perhaps we could put our heads together before Report.
On the amendments in the name of the noble Baroness, Lady Hoey, regarding the EU’s Technical Regulation Information System and the standstill period that now impacts on the Bill, it is important to note that several EU countries, such as Greece, Romania and Italy, object pretty routinely to all tobacco control legislation in the EU. There is no new information today that is cause for concern regarding this Bill.
On the legal opinion to which the noble Baroness referred, it appears to have been shared with only the Daily Mail—it certainly has not been published—so I am unable to take a view on it; besides, doing so is probably beyond my skill set and pay grade anyway. I just hope that the Minister has good legal advice.
There is a point to be made here, however, about how the UK seems to have found itself in the worst of both worlds, with EU states being able to object to legislation that we wish to bring in to protect the health of our nation but with us having none of the benefits of being a member. That is a point for another debate, though. I hope that the Minister can confirm that any such objections will not be binding on the UK; and that this sovereign Parliament will be able to push ahead with this important legislation.
I turn to Amendment 216 in the name of the noble Lord, Lord Murray of Blidworth. He appears to be expecting a different Administration in the next Parliament; I will leave it to the Minister to reply to the noble Lord’s comments.