Caroline Johnson MP: speeches

Speeches

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  Clauses 101 and 102 deal with the treatment of, and matters dealt with by, the 2016 tobacco regulations. Again, they provide the Secretary of State with powers to make regulations. Whether or not that will be done well, we are not really sure at this stage. I understand the point the Minister made in response to the last debate, and it is of course true that regulations can be different in each part of the United Kingdom. In his discussions with Ministers in Wales, Scotland and Northern Ireland, they may have wished to proceed with regulations after the Bill, rather than to put them on the face of the Bill. However, that does not explain why the Minister has chosen to do the same, and I would be grateful if he could explain his choice to make regulations after the Bill, rather than to put them on the face of the Bill, with the power to modify. I ask particularly because we are now into, I think, the 12th consecutive clause that provides powers to regulate and that offers detail only on what any regulations might or might not say, rather than necessarily on what they will say. In that vein, clause 101 outlines provisions to allow the Secretary of State to make regulations similar to, or corresponding with, the Tobacco and Related Products Regulations 2016. That is to be done under a new regulatory framework, which would seem to be designed to cover gaps that may exist in the powers under those regulations. Subsection (1) says: “The Secretary of State may by regulations make provision…that is similar to or that corresponds to any provision of the Tobacco and Related Products Regulations 2016…other than Part 7 of those Regulations”. Part 7 of those regulations deals with electronic cigarette advertising. The Minister may feel that later parts of the Bill will deal adequately with this point, but I would be grateful if he could explain why that part has been taken out. That is not instinctive, because other aspects of those regulations could be too. What is the reason for excluding that part? Otherwise, I have no particular points to make about clauses 101 and 102.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  I thank the hon. Gentleman for his intervention, but while pharmacists are highly trained clinicians with the capacity to prescribe a number of products in specific cases, they are also businesses. One’s local pharmacy is a business. Pharmacists sell products; they take money and make variable amounts of profit. A GP is a private entity, as the Minister will have learned during the national insurance contributions debate. Some GP practices are dispensing practices—the GP prescribes a product, which is dispensed from that practice. There are also private clinicians who provide GP surgery or stop smoking services at a price. I do not think that “in the course of business” necessarily provides the distinction that the hon. Member for Cardiff West hopes it does, but perhaps the Minister will provide further clarity. It might be possible for the Minister to include an extremely narrowly drafted exemption for medical professionals providing advice in relation to stop smoking services and antenatal clinics giving advice to a current smoker, but perhaps he feels that those clinicians are covered already. One of the reasons for tabling the amendments is to have this debate and ensure that the clauses are carefully considered. All of us, on both sides of the Committee and the House, want to improve the health of the nation; we all want the Bill to improve the health of the nation. If the chief medical officer’s advice is that for adult smokers, vaping is better, those products need to be available to adult smokers. I will move on to clause 115, which extends the offence in clause 114 of publishing advertisements to those who design the advertisements for regulated products, such as tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products. As in clause 114, to commit the offence the person must know that the advert has the purpose of promoting one of the regulated products and that it will be published in the UK. The latter part is important. Again, I would like the Minister to ensure that there is no loophole for people to design things and say they are expecting them to be promoted abroad, and then they are promoted in the UK. That could be quite a significant loophole. Businesses could get around that with contract clauses, I suspect. Subsection (2) establishes the penalties for the offence, which are a conviction on indictment of two years, a fine or both. Summary convictions carry varying penalties based on the jurisdiction in which the offence was committed. That does leave the situation where somebody who has committed the same offence in England, Scotland and Wales by publishing it across those jurisdictions could face several different fines in different jurisdictions for exactly the same advert. Another question is about the designers. Individuals may be involved in the design of advertisements, but not have full control over the final content or how the advertisement will be published. Should liability be extended to individuals working on the design, or should it lie more squarely with the business or entity that ultimately publishes it? Is it fair to hold designers accountable for advertisements over which they have limited control? If they have only designed part of the advertisement, and it is not the bit in which the product is promoted, will they still be liable for the whole advertisement? Clause 116 introduces another offence, this time for businesses that print advertisements that promote tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products. They must know or have reason to suspect that they are printing an advertisement for those products—if they are printing it, they should know what they are printing—and that the advertisement will be published in the UK. Again, that will presumably have to be dealt with by contract law and involve some quite significant fines. Clause 117 makes it an offence for persons acting in the course of business to distribute the advertisement. The question here is about physical and digital adverts. If a person is distributing the adverts on a sheet of paper, putting billboards on the wall or driving around a truck with a billboard on the back, it is clear that they know what they are doing and it is clear who is doing it. If adverts are appearing online or being distributed online, can the Minister specify who will be held responsible? Could somebody sharing an image that was produced by somebody else be a loophole? Clause 118 expands the scope of responsibility to those who cause advertisements to be published and distributed within the UK. That seems sensible. Clause 119 is the Government’s attempt to focus on the businesses that provide internet services. The provision is quite broad. Not all providers are UK-based, though. If they are not, how can they be held accountable? The provision could be seen to apply to various types of online platform, including social media search engines and website hosts. The key issue is whether a business that merely provides a platform or service for the publishing and distribution of advertisements can be held liable for content that is uploaded or shared by third parties, particularly where there is a huge volume. The clause places responsibility on service providers that know or have reason to suspect that advertisements promoting tobacco or vaping products will be distributed through its services. That could apply to a wide range of internet service providers, from major global tech companies that are household names to the smaller, niche providers that operate in the UK market. I understand why that is important, but will the Minister say more about the person who is paying for the advertisement? The Bill covers publishing, designing and distributing an advert and providing it on the internet, but what about the individual paying for it? Ultimately, an advertisement rarely comes for free. How is that to be regarded? The measures to reduce advertising for vapes and smoking products are sensible public health measures to reduce uptake. As we discussed in the debate on diet and obesity earlier this week, advertising clearly works. I recalled in that debate some of the adverts I remember from my childhood, such as “The red car and the blue car had a race” for Milky Way—I was pleased that the blue car won in that case, Sir Roger—and “A finger of fudge is just enough to give your kids a treat”. Those memories stick in the mind for many years. Advertising is effective and induces children to try products, so banning advertising for vaping and smoking products should be very beneficial, but I urge the Minister to consider whether he has covered the full scope of those who are responsible for adverts and at the same time excluded those who may play only a very small part in the advert and not realise that it will later become an advert for a smoking or vaping product. Has he considered carefully how a medical professional, clinician, pharmacist or similar person can still provide and openly discuss vaping products with their patients and clients, so that they can use them as a quit aid?

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  The Minister knows that I believe strongly that we need to stop people smoking, because of its dangers, and that we need to stop children from taking up any form of nicotine, because we have heard how harmful nicotine is to them. He will also be aware of my argument—which I made in relation to the previous iteration of the Bill—that advertising, marketing and sponsorship should be included to reduce the appeal of the products to children. I support the clauses, but I was keen to debate how smoking cessation services will be able to discuss these products. The Minister has been reasonably, if not absolutely, clear on that, so I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 114 ordered to stand part of the Bill. Clauses 115 to 119 ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. —(Taiwo Owatemi.)

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  The hon. Gentleman and I agree that we need to restrict the advertising of these products, because we do not want people, particularly young people and children, to start becoming addicted to nicotine. We agree on that. However, the Bill does not say an advert needs to promote a brand of nicotine product to be considered promotion or illegal under the Bill. It simply says “a nicotine product” or “a tobacco product”. I am keen to ensure the Minister clarifies that a doctor—I declare an interest as a doctor—or other health professional such as a pharmacist, like the hon. Member for North Somerset, will not find him or herself on the wrong side of the law for promoting vaping to individuals who smoke.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  I beg to move amendment 87, in clause 114, page 63, line 16, after “product,” insert “except for the public health purpose of promoting vaping as a cessation tool for existing tobacco smokers,”. This amendment would allow vapes to be promoted as a quit-aid/public health measure.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  I thank the hon. Gentleman for his intervention. He comes to this debate with significant experience as a pharmacist himself. In bringing forward this amendment, it is not our intention to create a loophole. None of us wants to see children vaping or using nicotine products and developing an addiction they struggle to quit for the rest of their lives, with the associated costs to their health and their purses. However, I want the Minister to assure the Committee that he has considered the position of pharmacists and people who will legally be selling these products as a stop smoking device, perhaps in a hospital clinic or as a health professional, and made sure they will not be criminalised. If we are to follow the chief medical officer’s advice—that vaping is not suitable for children but is suitable for adults who smoke as a harm reduction measure—and are to have that harm reduction process in place, which I believe is the Minister’s intention, it is important to consider how it will continue under these regulations. It is important to consider how pharmacists and other health professionals will be able to have discussions with their patients or clients in which they may wish to say, “Vaping is better for you,” and in so doing effectively promote the process—not a specific product, but the genre of products.

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  Amendment 87 is to clause 114. This group of clauses represents a substantial part of the Bill, as it applies to advertising and sponsorship. Those became an issue as part of the Health and Social Care Committee review of vapes back in the last Parliament. They were also discussed during debate on the last iteration of the Bill last Easter. In fact, I tabled a fair number of amendments on the subject in the last Parliament. Clause 114 creates an offence where a person, acting in the course of business, publishes an advertisement in the UK promoting certain regulated products such as tobacco, herbal smoking products, cigarette papers, vaping products and nicotine products. To commit the offence, the person must know, or have reason to suspect, that they are publishing advertisements for such products and that the advertisement will promote those items. Subsection (2) outlines the penalty for this offence, which is up to two years in prison, a fine or both. For summary conviction, the penalties vary by jurisdiction, with different maximum prison terms in England and Wales, Scotland and Northern Ireland, but a fine may be imposed in all cases. The clause aims to regulate the advertising of tobacco and nicotine products by placing responsibility on businesses and individuals publishing such advertisements, to ensure they comply with the law. I return to the question asked by my hon. Friend the Member for South Northamptonshire regarding use of the word “publish”, and I have in mind particularly the online environment. Could the Minister confirm who is the publisher of, for example, a TikTok video? Is it the individual who uploaded it, or is it TikTok itself? I also have a question about the words “purpose” and “effect”. Are they too vague? Could they lead to overreach and confusion about what constitutes promotion? It is unclear whether an advertisement needs to explicitly promote a product or whether a more subtle influence will be sufficient. How broad does the Minister intend the interpretation of “purpose” and “effect” to be? Can an advertisement for a lifestyle product that features someone smoking or vaping in the imagery be considered as promoting a tobacco product, even if it is not the main focus? Another issue arises from the clause’s reliance on subjective knowledge or suspicion. The clause states that a person commits an offence if they know or have reason to suspect that the advertisement has the purpose or effect or promoting the product. In cases where the individual involved in the publication of an advertisement did not have direct knowledge of, or did not suspect, the advertisement’s purpose, what level of proof is required to say that they “know” or “have reason to suspect”? For example, if an advertisement is published by the third-party platform or agency, perhaps online, can a person who did not directly control the advertisement’s creation still be held liable? This is really important when it comes to the online world, where the sheer volume of hosts may make it incredibly challenging for an online provider to look at every single post that is put up. On advertising, the impact assessment provided by the Government says on page 101: “Despite advertising restrictions existing for nicotine vapes in some settings including television, radio and through information society services, such as internet advertising or commercial email, evidence shows advertising is noticed more by young people, and this has increased in some settings in recent years. Additionally, despite being prohibited under TRPR, the ASA report social media is increasingly being used to advertise vapes to children.” I note the differences between the devolved nations. Under the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Scotland has powers to go further on advertising and sponsorship—for example, powers to ban nicotine vape advertising in more settings than those in TRPR, to ban sponsorship agreements involving nicotine vapes, and to introduce regulations on brand sharing. Paragraph 655 of the impact assessment says: “CRUK estimate the annual cost of advertising for the sector in 2019 was £32m. Under this policy proposal, no advertising would be permitted so this previous cost would be saved by businesses, and partially offsetting their lost profits from reduced vape sales outlined in the monetised costs section.” Paragraph 666 states: “Similar to the monetised benefits above for vapes, businesses who currently fund advertising of nicotine products, herbal smoking products, and/or cigarette papers will save this money”. Of course, advertising companies will need to find their revenue somewhere else. To me, it seems sensible to restrict the advertisement of these products, as I said before. We must remember that young people are at the heart of this Bill, and the impact assessment also notes how susceptible young people are to advertising and why this clause is of particular relevance. Paragraph 499 highlights a survey conducted by Cancer Research showing that advertising is more noticed by young people. The survey results reveal that “for all types of media analysed, apart from ‘email/SMS’, youth (16 to 19 years) noticed advertisements more than adults (18 years and older) in 2018 in England. The locations and media channels surveyed included: inside shops selling cigarettes; kiosks; web/social media; billboards/posters; newspapers/magazines; events/festivals; bars/pubs; and email/SMS. The largest difference in the two age groups was seen for 'billboards and posters’ with 31.4% of youth noticing marketing compared to 5.9% of adults.” It also notes that “youth (16 to 19 year olds) never users (who have never smoked or vaped) report higher noticing of vape advertising across all media types, apart from email/SMS compared to adult exclusive smokers”. Action on Smoking and Health did a survey which found that “more than half (55%) of 11 to 17-year-olds are aware of vape promotion in shops compared to 37% two years ago, while 15% see adverts on billboards, up from 12% two years ago.” It is clear that advertising needs to be restricted. Amendments 87 to 92 ask the Minister to consider how to ensure that people who are smokers understand the information that is available to help them quit. At the moment, a smoker might go into a doctor’s surgery or an antenatal clinic and see information on smoking being bad for them, which is appropriate. They may also see information on opportunities for nicotine replacement therapies, or even on vaping as an alternative. If the Minister is keen to ensure that people who are smokers can use vapes as an alternative, which is believed to potentially be better for them than continuing to smoke, how will they be given that information if the products cannot be advertised or promoted?

• 23 Jan 2025 · Tobacco and Vapes Bill (Eleventh sitting) · Hansard source

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  rose—

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Clause 65 introduces schedule 9, which will amend the Tobacco and Primary Medical Services (Scotland) Act 2010 to broaden the scope of the retailer register and make related provisions to include herbal smoking products, vaping products and nicotine products, alongside tobacco. The amendments that it makes aim to regulate businesses that sell those products in a similar way to tobacco products. Essentially, in schedule 9, the key changes are as follows. There will be an expansion of the register: section 10 of the 2010 Act will be amended to require the Scottish Ministers to maintain a register of businesses that are selling tobacco, herbal smoking products, vaping products and nicotine products. It will ensure that all those categories are subject to the same regulatory framework as respects the register. There is clarification within the schedule of a “registrable business”, which is now defined to include any businesses dealing with tobacco, herbal smoking, vaping or nicotine products. The term is used throughout the Act, ensuring that all relevant businesses are captured under the regulations. The amendments that schedule 9 will make to section 11 of the 2010 Act require applicants to specify which type of registrable business they intend to operate at each premises —essentially, which products they wish to sell. Can the Minister confirm that that means that some businesses could register to sell some products but not others under the Act? Perhaps they could sell tobacco products but not nicotine products, or vice versa. The registration process will be updated to reflect those additions. Section 12 of the 2010 Act, which deals with certifications and notifications, will be amended to require certificates of registration to specify the type of product that a business sells. Additionally, under section 13, businesses must notify the Scottish Ministers of any changes, such as if they no longer desire to sell a specific type of registrable product. The Act’s provisions concerning banning orders, offences and public inspection of the register will be updated to reflect the inclusion of herbal smoking products, vaping products and nicotine products alongside tobacco products. In addition, schedule 9 will add new definitions, including of “herbal smoking product business” and “nicotine product business”, ensuring clarity in the application of the law.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Clauses 48 and 49 exempt the medicinal product and medical devices. I understand why the Minister has done that, but how is he going to ensure that the industry does not find ways of making the nicotine replacement products that are currently legal and used only for medical purposes lemonade, gummy bear or unicorn milk-flavoured, and therefore attractive to children? The Committee has heard repeatedly about the way the industry behaves.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I want to understand how a customs official would make such a decision. The Minister has been clear that it is not illegal to possess snus—I hope I pronounced that properly—for personal use. However, it is an offence to manufacture it under clause 7, to sell it or offer it for sale under clause 8 or to possess it with intent to supply under clause 9. How would the Minister quantify an amount for personal use? Under ordinary circumstances, one could say—

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Clause 84 is a short clause that extends the retail register provisions in Northern Ireland. It states: “Schedule 10 amends the Tobacco Retailers Act (Northern Ireland) 2014 (c. 4 (N.I.)) to extend certain provisions about the registration of tobacco retailers so that they apply in relation to retailers of vaping products and nicotine products.” Schedule 10 ensures that retailers selling tobacco products, herbal smoking products and cigarette papers are covered by the scheme.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Clause 52 repeals the offence of purchasing tobacco under 18 in Scotland, as per the Tobacco and Primary Medical Services (Scotland) Act 2010; clause 52(2) would omit section 5, concerning purchasing tobacco products by people under the age of 18, from the 2010 Act. This is a reasonable thing to do, because clause 50 replaces the current age of sale with the rolling age of sale and extends to those over 18. However, subsection (3) of clause 52 is interesting, because it refers to the presumption of products in the contents of a container. Section 33 of the 2010 Act essentially says if a person has seen someone sell a packet of cigarettes to somebody, and the person can clearly see the packet of cigarettes, they do not have to prove that it contains cigarettes; they just have to see it. I suppose that prevents people from the defence of saying that they were selling empty boxes, that it was just role play, that the boxes only contain sweets, or that they do not really contain tobacco—they are just boxes. In some respects, those are fairly implausible defences, but perhaps those defending them could prove reasonable doubt on that basis. Section 33 presumes that cigar boxes contain cigars, for example, or that cigarette boxes contain cigarettes; in the context of their being bought that seems fairly obvious, but it is interesting that the Scots felt it necessary to have this section previously. I respect that this is a devolved matter and the Scots’ wishes to amend section 33 of the 2010 Act, but could the Minister perhaps explain, from the conversations that I am sure he has had with Ministers in Scotland, why the Scots introduced it in the first place? Was it perceived that it might be an issue, or was it actually an issue that people were pretending or suggesting that what was in boxes of cigarettes was not cigarettes, and therefore, “It’s not illegal to sell a box; it’s only illegal to sell the cigarettes in it, and you can’t prove they were there, your honour.”? Why has the Minister not chosen to replicate such a provision in England? Although I respect what he says about devolution, and the Scots have the competency to do as they wish in Scotland, in England it is up to him and he has the levers of power. Can he say in the rest of the UK where this defence has been used before? Has section 33 of the Tobacco and Primary Medical Services (Scotland) Act 2010 ever been used as a defence in litigation? If it has, was it successful? If it was, why does he not want to replicate the provision in England? It is a somewhat peculiar situation.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  On the point about nicotine pouches, it is of concern that they may be the next way in which this industry seeks to make our young people addicted to nicotine. We have seen in places such as Sweden a plethora of these products, which are now expanding across the UK as well. I know the Minister will be looking at some proposals to restrict the amount of nicotine in the pouches. When he does so, will he consider not just how much nicotine is in them compared with a cigarette, but how much is absorbed into the body? The amount in a cigarette that is absorbed as a proportion is much lower than that of a nicotine pouch.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Good morning, Sir Roger. It is a pleasure once again to serve under your chairmanship on this important Bill. Clause 47 is a somewhat standard clause protecting the Crown, providing that the Crown cannot be criminalised by the Bill, but the Bill does bind the Crown, which essentially leads to the position in which the courts can say that if the Crown commits an act or omission against or in breach of part 1 of the Bill, such an action may be unlawful. There was one question that I asked the Minister in relation to the Crown and to which I do not think we got a clear yes or no answer, although that is perhaps not unusual for this Government. The Minister will know that the House, despite its exemption from the smoking ban drafted by the Labour Government in the early 2000s, has a record as being one of the first places to have a no-smoking area. When Parliament—more precisely, the House of Commons—sat in St Stephen’s Hall, it was so smoky in there that Members could not see one another properly, so it was decreed that there would be a snuffbox for Members’ use at the entrance to the House of Commons. That snuffbox exists today and is, I believe, used by a small number of Members now. It is occasionally used by a Member who wants to put it on record in their own mind that they have tried it—that does not include me. My question is this. With the Houses of Parliament being a royal palace, will the snuffbox still be allowed? I know that the Doorkeepers are interested to know whether they will be able to keep the snuffbox at the door, because the top of the box has on it a brass plaque that is engraved with the name of the current head Doorkeeper. It would be interesting to know whether the tradition can continue. My other question on clause 47 is this. I presume that it covers England, Wales and Northern Ireland because there is not separate provision for Northern Ireland. I would be grateful if the Minister indicated whether that is the case. Clause 66, entitled “Crown application of 2010 Act”, says: “In section 36 of the Tobacco and Primary Medical Services (Scotland) Act 2010 (asp 3)…in subsection (3), after “on the application” insert “of the Scottish Ministers or”. I had a little look at the Act to which clause 66 refers, and section 36(1) of the Primary Medical Services (Scotland) Act says: “This Part”—part 1— “binds the Crown.” Section 36(2) makes the Crown not criminally liable if it does breach, which is similar to clause 47. Section 36(3), with this insertion, will provide that “the Court of Session may, on the application of the Scottish Ministers or of the council in whose area the contravention is alleged to have taken place, declare unlawful any act or omission of the Crown which constitutes such a contravention.” For reference, the Court of Session is Scotland’s supreme court, which I am sure you know, Sir Roger. It has been Scotland’s supreme civil court since 1532 and sits in Parliament House in Edinburgh. Section 36(4) makes it clear that although the Crown itself is not exempt but cannot be criminally liable, public servants of the Crown can be, and are, covered by the relevant provision “as it applies to other persons.” Subsections (1) and (2) of clause 134 are similar to those in clause 47, in that subsection (1) binds the Crown and (2) makes the Crown not criminally liable. Subsection (5) is also the same, stating that subsection (2) will not affect the liability of persons in service of the Crown, so they remain criminally liable. However, clause 134(3) and (4) are slightly different from the measures in clause 47, in that they have a somewhat broader scope. Subsection (3) provides that the High Court in England and Wales or Northern Ireland, or the Court of Session in Scotland, can declare the act or omission unlawful, so this is a UK-wide clause, unlike clause 47. Subsection (4) makes it clear that the Court of Session in Scotland can be applied to by either Scottish Ministers, in keeping with clause 66, or a local weights and measures authority. What clause 134 does not do, as far as I can see, is explain who can make such an application in England, Wales and Northern Ireland, so I would be grateful if the Minister answered that question in relation to these measures.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  To clarify the point about there being no device available, that had been my understanding as well, but Dr Laura Squire from the MHRA said in evidence to the Committee that in 2015 a vape had been approved for medical use, but had never been marketed. Has the licence for that product lapsed in some way so that it is no longer available?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Clause 89 is such an important clause in that it forms a whole part of the Bill, part 4, by itself; whereas other parts contain multiple clauses, part 4 only contains clause 89. The clause deals with the power of a Revenue and Customs official to seize and detain snus, which the Bill defines as an oral tobacco product that “is not intended to be inhaled or chewed”. Hon. Members will remember that snus is a tobacco product that the Bill treats differently from all other tobacco products; there is a much heftier penalty for sale and a complete ban on manufacture. In line with the fact that it is dealt with differently from other tobacco products and that it will be illegal to manufacture and import, there needs to be provision for customs officials to deal with the snus if they find it. Subsection (1) allows a Revenue and Customs officer to “seize any relevant oral tobacco products that have been imported and detain them for no more than 48 hours.” I presume that 48 hours is standard; the Minister may be able to expand on that. Any products seized and detained under this clause “must be dealt with during their period of detention in such manner as the Commissioners for His Majesty’s Revenue and Customs may direct…For the purposes of calculating the 48-hour period mentioned…any period falling on a non-working day is to be disregarded.” The Minister will be able to confirm, but I presume that is essentially saying that, if a product were seized on a Friday at 4.50 pm, they would get all of Saturday and Sunday and until late on the Tuesday to deal with the snus and would be able to seize it for that period. The clause says that non-working days are Saturdays, Sundays and bank holidays; that is fairly straightforward. A relevant offence is an offence under clause 9 of the Bill in England and Wales, section 9C of the Tobacco and Primary Medical Services (Scotland) Act 2010, which is inserted by the Bill, and article 4G of the Health and Personal Social Services (Northern Ireland) Order 1978, which is also inserted by the Bill.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  My hon. Friend is making several good points. It is important that the law is applied equally to all. He may remember that when previous legislation was brought in around tobacco advertising, an exemption was made for Formula 1. It was not clear why such an exemption was made, but I believe that a substantial donation had been received around that time by the Labour party—I am sure the Minister will correct me if I am wrong. That was harmful at the time to trust in equality, so it is important that everyone—from His Majesty the King to every one of his subjects—has the same law applied to them.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  My hon. Friend makes a very interesting point about how the snuff is given out. At the moment, the snuffbox sits with the Doorkeepers near the No Lobby entrance, and it is available to Members. Obviously—or perhaps not obviously—there is no charge to Members. In fact, my understanding from the Doorkeeper who had the snuffbox last week is that the stuff that they have currently was provided by the BBC— [ Interruption. ] I can see that is a surprise; it was a surprise to me too, but that is where I was told it came from. It brings into question the earlier clauses that relate to sale, because clearly the Crown may purchase it—I suppose the BBC is funded by taxpayers—and it is in a royal palace, which is a Crown site rather than a retail site, and it is not being sold to Members. I wonder whether the Minister has had time to consider that.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  I thank the Minister for giving way. I want to echo the point made by my hon. Friend the Member for Farnham and Bordon that the purpose of line-by-line scrutiny is to do just that: to go through the Bill line by line. The Minister’s job might be to get things on the statute book for his Prime Minister and Cabinet and for the Government in which he serves, but surely he wishes to ensure that the Bill he is leading on is in the best possible condition. That is the purpose of the line-by-line scrutiny that we are in Committee to do.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  My hon. Friend makes the point, which I had not raised earlier, that clause 134 applies to part 6, on advertising and sponsorship. Clauses 4 to 7 and 66 essentially apply to part 1. We do not appear at this time to be discussing the other parts as well, so presumably the Crown is bound in a similar way by each of those.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  My hon. Friend is right to probe the Minister on those questions. It is important to understand why things are chosen. The Minister has sometimes referred to things being chosen because that is the way they were before, but the writing of new primary legislation offers a not-frequent opportunity to change things that may not be working very well. When items are seized at the moment, is the Minister’s advice from his civil servants that 48 hours is an adequate period of time in which to deal with all the paperwork that presumably needs to be done? Is it too long, and could it be shorter if it needed to be? The commissioners for His Majesty’s Revenue and Customs are responsible for dealing with the relevant oral tobacco product during the period of detention, but that will not prevent the importation of snus for personal use. Can the Minister explain why that is the case?

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Further to what I said to my hon. Friend the Member for Farnham and Bordon, my understanding is that in 1997, Bernie Ecclestone, the Formula 1 chief at the time, donated £1 million to the Labour party. The donation became public knowledge in November that year, after the Labour Government had announced that Formula 1 would be exempt from the ban on tobacco advertising, which had been a key plank of the Labour party’s election manifesto. That exemplifies the importance of ensuring that donations do not affect policy and that we are all treated equally under the law.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  That is a really interesting question. My understanding, as I said, is that the most recent supply was provided by the BBC—I do not know how recently, by the way. I agree that the taxpayer should not be funding the supply of snuff for Members. To me, that is an undesirable thing to do, but clearly it would not be appropriate for the cost to come out of the Doorkeepers’ pockets. Perhaps there is a Members’ fund of some sort for Members who like to participate in such a habit and would wish to ensure that the supply is provided. I am also not sure about quite how expensive this stuff is. Having never bought it or used it, I have literally no concept of whether this is an expensive item to buy a box of. However, my understanding, from the Doorkeepers, is that not terribly much of it is used, so it stays there for quite a long time. There are a few Members who use it regularly, and, like I said, many Members who use it just the once, almost to check that it is still there. As much as anything else, it is a tradition of the House and I would be interested to know whether that tradition will be able to continue under these clauses.

• 21 Jan 2025 · Tobacco and Vapes Bill (Ninth sitting) · Hansard source

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  Will the Minister give way?