The Tobacco & Vapes Bill returned to the House of Lords for consideration of Commons amendments, the final stage of a process known as ‘ping pong’.
The stage of the bill was significant, as it now means only Royal Assent is required before the bill passes into law after amendments brought were agreed ‘without division’.
The bill’s aim is to create the first ‘smoke-free generation’ by ensuring children turning 15 this year (and younger) can never be legally sold tobacco. It also seeks to enable product and information requirements to be imposed in connection with tobacco, vapes and other products.
The bill was initially considered by the House of Lords between 27 March last year and 9 March this year, before returning to the House of Commons - a back-and-forth process worthy of its ping pong name.
On Monday members of Lords considered any changes made by MPs in the Commons in regard to previous Lords amendments. These covered the issuing of fixed penalty notices in Wales and the use of subsequent funds accrued from fines.
Responding to the news, the Federation of Independent Retailers’ national president, Hetal Patel, said: “Whilst this Bill has developed we’ve engaged closely with the Government and MPs from all parties about the potential impact of changes, including the generational smoking ban and licence for tobacco retailers.
“We welcome societal changes which have seen a dramatic fall in cigarette smoking over the past half a century – from about 45% in the mid-1970s, to less than a quarter of that today – but are concerned that a generational smoking ban relating to cigarettes and taxation on vapes will lead to these products being driven underground and to the black market.
“We also worry that licencing will hit legitimate retailers with costs and red tape, unless it’s properly used as a deterrent to restrict rogue traders who give our High Streets a bad name.
“We’re calling on the Government to quickly engage more closely with retailers about how the measures in the Bill will be implemented - particularly on the generational ban and licencing - and to provide extra resources for law enforcement, especially local authority trading standards teams, so more can be done to tackle illicit tobacco.”
Also in response, Hazel Cheeseman, chief executive of Action on Smoking and Health (ASH) said: “This is a decisive turning point for public health. The end of smoking, and the devastating harm it causes, is no longer uncertain - it’s inevitable, and the focus now is on how soon we get there.
”Over the past half-century, smoking has claimed millions of lives across the UK, leaving a legacy of preventable pain and loss. Ending its harm is a lasting gift to generations ahead and families everywhere can now feel secure that their children can grow up free from the harm of tobacco.”
Also commenting on the news, Andy Lulham, chief operating officer at age verification provider Verifymy, added: “Nearly 20 years on since the pub smoking ban, today’s legislation will have a similarly seismic impact on teens.
“These plans won’t work without a robust and sophisticated approach to enforcement…”
“However well-intentioned, these plans won’t work without a robust and sophisticated approach to enforcement. Unlike rules on alcohol, the dividing line comes on the date of birth rather than age, meaning those born around 2009 can expect to encounter checks for years to come.
“It’s another case where age verification will be required to ensure the law is enforced robustly. A fixed birthdate ban sounds simple, but implementing and policing it won’t be. While ID checks will be fairly easy to navigate for in-person or online purchases, people may not want to have to carry documentation proof well into their adulthood.
“Technologies like facial age estimation could be an alternative, but to accommodate the birthdate requirement, retail systems’ algorithms will need to be frequently updated, arguably even daily.”
In a further related response to the news today, Markus Lindblad, head of legal and external affairs at nicotine pouch retailer, Haypp, said the bill would also have an impact on the burgeoning pouch market: “A critically important element of the Tobacco & Vapes Bill is that it gives the Government the power to regulate nicotine pouch products.
“Nicotine pouches don’t contain tobacco nor produce vapour, so they fell outside the scope of existing nicotine product laws. Introducing regulations such as an 18+ age-of-sale and an upper limit of 20mg of nicotine per pouch will help send the message that these products are for adult nicotine users only.
“Nicotine products have enabled Sweden to achieve smoke-free status, and with sensible regulation arising from this Bill, pouches can play a similar role driving down smoking rates in the UK.”
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