Fighting talk

The Tobacco and Vapes Bill returns to the House of Lords today for the report stage.

Three sessions have been scheduled – today and two days next week – following which the bill will go back to the House of Commons for final approval followed by royal assent.

The current running list of amendments includes amendments tabled by Lord Murray of Blidworth that seek to remove the gen ban in England, Wales and Scotland by raising the age of sale to 21 instead. The chances of any these amendments being passed is next to non-existent, but that’s no reason to give up because, if there’s one thing I’ve learned, it’s to keep fighting. Even with the odds stacked against us, you never know how things might turn out, and it’s important not to give our opponents easy wins by throwing in the towel. Hence our recent letter to peers urging them to vote for Lord Murray’s 18 to 21 amendments.

In truth, we struggled a bit with this because we don’t believe the age of sale should be increased above 18. However, it’s the only alternative to a gen ban on the table so we felt there was no option. I do however feel a bit grubby asking peers to vote for something I don’t personally support, but that’s politics for you.

Meanwhile, in addition to the generational ban, we are also lobbying peers to reject an amendment that would ban smoking in new licensed pavement areas. Outdoor smoking is not a public health issue so there is no good reason to ban smoking outside. Furthermore, it’s no secret that the hospitality industry is struggling and banning smoking in licensed pavement areas could drive even more customers away. Instead of micro-managing pubs, cafes and so on with even more unnecessary laws, proprietors have to be allowed choose policies on smoking that best suit their business.

Whether the current Government sees it that way I don’t know. You will recall that a plan to ban smoking in beer gardens was dropped last year after the hospitality industry made its opposition clear, but we also know there are peers of all parties and none who would happily support a ban on smoking in licensed pavement areas. It will be interesting therefore to see what line the Government takes on what is the third occasion the anti-smoking lobby has tried to extend the smoking ban to new licensed pavement areas. Previous attempts in 2020 and 2023 failed, but we always knew they would try again.

Anyway, that amendment will probably come up next week so we’ve a few more days to lobby peers to oppose it. In the meantime ASH is also lobbying peers and I’ve seen a briefing that sets out, very clearly, their position on all the principal amendments, including whether they are for, against, or neutral.

Last but not least, it’s important to set a marker for future battles because it’s clear the public health industry won’t be satisfied until all forms of recreational nicotine are heavily restricted or outlawed. So even if things look hopeless, it’s essential to fight to the end.

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