Government edges closer to landmark generational smoking ban despite Tory challenge
A landmark generational smoking ban is set to become law in the UK after successfully weathering a tough challenge from the Conservative Party in the House of Lords.
Peers overwhelmingly rejected a Tory-led attempt to block the Tobacco and Vapes Bill cut-off measure; It has instead been proposed that the legal age for tobacco sales in England and Wales be raised to 21.
Despite the warnings, the Conservatives warned the new law could lead to “a glut of unregulated, untaxed crime”.
The amendment was rejected by 246 votes to 78, with a majority of 168. Most of those supporting the amendment were Conservatives and two Liberal Democrats.
The legislation aims to create a “smoking-free generation” by preventing anyone born on or after January 1, 2009 from legally smoking, thereby gradually increasing the legal age limit over time.
The bill also aims to ban the sale of all electronic cigarettes and nicotine products to those under the age of 18. It also gives ministers the power to regulate e-cigarette flavours, packaging and displays to appeal to children.
The proposals include a complete ban on e-cigarette advertising and sponsorship, including images seen by children and young people on buses, cinemas and shop windows.
In addition, with a recent amendment, the Government will be able to restrict the sales of cigarette filters.
A phased smoking ban was first proposed by Rishi Sunak’s government, despite fierce opposition from his own party.
The law was repealed when the then Conservative Prime Minister called a snap election, but was later revived under the Labor Party.
Opposing the measure at Westminster, former Conservative Home Secretary Lord Murray of Blidworth said: “A generational ban may seem like a progressive step to protect public health, but it is a de facto ban and there is no evidence anywhere in the world that banning a long-standing legal product works.
“Over time, this policy will result in the demise of a legally controlled, highly regulated, highly taxed industry, replaced by an illegal, uncontrolled, unregulated, untaxed criminal wealth.”
He added: “The state should not forever strip away this freedom of choice just because a person was born on or after January 1, 2009.”
But leading barrister and independent crossbencher Lord Pannick said: “I am not convinced by the freedom arguments. We are banning heroin. We want people to wear seat belts even if they are over 21 and they may have a different view.”
But former Tory health minister Lord Clarke from Nottingham, who opposes the ban and has been a smoker for nearly 70 years, said: “I’m sure this is well-intentioned. This is another attempt to reinforce the very successful efforts we have already made in this country to reduce smoking.”
“But it’s a bit ridiculous and illogical and quite unnecessary given the history of smoking decline in this country.”
Disagreeing with his Conservative colleague, Lord Young of Cookham said: “Yes, there is a libertarian argument, but in my view there is a much wider benefit of moving to a smoke-free country.”
But Conservative former Home Secretary Lord Sharpe of Epsom said: “The Government’s own impact assessment indicates that a one-off increase in the sales age to 21 would be just as effective in the short term at reducing smoking rates as a generational smoking ban.”
Independent cross-assessor Lord Stevens of Birmingham, a former NHS boss and chairman of Cancer Research UK, said: “It would, in my view, be a serious mistake to weaken what has the potential to be one of the most fundamental pieces of health-improving legislation this Parliament has ever enacted.”
Baroness Gerada, a former president of the Royal College of General Practitioners and a smoker for more than 30 years before quitting, said: “We must focus on prevention, which is the aim of the bill.”
Independent peer Baroness Fox of Buckley said: “I don’t want more people to smoke, but I also think that in a free society we should leave some room for people to make choices, even to make wrong choices.”
Welcoming the ban, Liberal Democrat Earl Russell said: “It’s vital that we make progress to improve the public health of people in this country.”
Conservative frontrunner Earl Howe argued that this was an “opportunity to make transformational change” in an important area of public health.
His colleague, who is at loggerheads with Lord Murray, added: “I hope he will understand that as my party’s health and social care spokesman and a former health secretary, it is not befitting me to miss what I see as a golden opportunity to do something creative and radical, which is why I support the Government’s excellent ambitions.”
Health Minister Baroness Merron said: “Preventing young people from starting to smoke is the easiest way to reduce smoking rates.”
He added: “Modeling shows that creating a generation of non-smokers is expected to help reduce the smoking rate among 14 to 30-year-olds to almost zero by 2050.
“Over the next 50 years, this will save tens of thousands of lives and prevent close to 130,000 cases of lung cancer, stroke and heart disease. To me, these are rewards worth receiving.”
