Tobacco and Vapes Bill

Public Bill Committee, 16 January 2025.

Clause 15 - Free distribution and discount of products

Roger Gale (Conservative, Herne Bay and Sandwich)

I remind the Committee that with this it will be convenient to discuss the following:

Clause 62 stand part.

Clause 80 stand part.

Jack Rankin (Conservative, Windsor)

I made my substantive points in the previous sitting, so I just want to summarise my position and conclude. Clauses 15, 62 and 80 concern the free distribution and discount of products. I support the Government wholeheartedly on tobacco products, but I tried to make the point that I believed there was a legitimate and responsible avenue for vaping and nicotine products to offer such discounts, particularly in the example that I gave, where a responsible vaping company was in partnership with the NHS to help to achieve the aim of the Bill of a smoke-free generation. I cannot support clauses 15, 62 and 80 in their current form and intend to vote against their standing part of the Bill.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Clause 15 makes it an offence to give away or discount any vape product. That is important because discounts encourage us to buy more things. That is what they are there for; it is what promotions are for. They encourage us to buy things that we did not want or need. We do not want people to consume excessive quantities of vapes that they do not want to have, but that does happen. A cursory glance on the internet shows that numerous websites are advertising vape discount codes and vouchers offering 10% or 15% discounts on vapes, as well as giftcards that are readily available for online purchase. The clause therefore replaces section 9 of the Tobacco Advertising and Promotion Act 2002 and extends its scope, as there are currently no restrictions on businesses freely distributing nicotine and non-nicotine vaping products, cigarette papers and herbal smoking products.

In 2023 the former Prime Minister, my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak), created an illicit vapes enforcement squad, backed by £3 million. It was designed to close the legal loophole that allowed the vaping industry to provide free samples of vapes to be distributed regardless of consumer age. That was patently unacceptable, and I welcome the action that the previous Government took on the issue. I point out that giving away vapes was pretty common. In fact, my own parliamentary staffer went to a promotional event on vaping held in Parliament itself, in this very House, and was given free samples of Vuse vapes. I have been made aware by staffers that similar events take place outside Parliament, so I think that this is a useful clause and I will support it.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

It is a pleasure to serve under your chairmanship, Sir Roger. May I start by not only thanking the shadow Minister for her support, but congratulating my hon. Friend the Member for Dartford on his birthday? [Hon. Members: “Hear, hear!”] It is a real pleasure that we are able to provide him with a full day’s entertainment—better than Netflix.

Jim Dickson (Labour, Dartford)

I thank the Minister very much for his birthday felicitations. There is nowhere I would rather be than here.

Roger Gale (Conservative, Herne Bay and Sandwich)

I only hope that is not open to challenge.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I was just about to say, Sir Roger, that might be one thing that we have to divide on later. I wish my hon. Friend the Member for Dartford all the best for today and hope that he gets home in reasonable time to enjoy with friends and family what is left of his birthday.

I thank hon. Members for their speeches on these clauses today and earlier this week. The Government have two objectives on vaping. The first is to tackle youth vaping. Too many children are vaping and vapes are attractive and accessible to them. The Bill will bring about definitive and positive change to prevent future generations from becoming hooked on nicotine. The second objective is to support adult smokers to access vapes to help them to quit smoking. As the chief medical officer says:

“If you smoke, vaping is safer; if you don’t smoke, don’t vape; and the marketing of vapes to children is utterly abhorrent.”––[Official Report, Tobacco and Vapes Public Bill Committee, 7 January 2025; c. 11, Q8.]

I concur with that entirely.

In support of those aims, the clauses do not apply to licensed medicines and there is a defence available when any free vaping or nicotine product is given out in accordance with arrangements made by a public health authority or a public authority. That means that smoking cessation services will be able to continue to support adult smokers to quit smoking, for example by providing free smoking cessation quit aids where appropriate. That includes our national swap to stop programme that continues to help smokers move from cigarettes to vapes.

I also stress that we will continue to work with the Medicines and Healthcare products Regulatory Agency to support applications from industry for vapes as a licensed medicine. As Dr Laura Squire, the MHRA chief healthcare quality and access officer, stated in the evidence session, there may be progress in this area. I hope that that assures hon. Members that we continue to take a balanced approach to vaping, both through the measures in the Bill and our wider work on tobacco control.

More generally, the clauses make it an offence to give away any tobacco, herbal smoking, vaping or nicotine product as well as cigarette papers if the purpose or effect is to promote any tobacco, herbal smoking, smoking-related, vaping or nicotine product to a member of the public of any age—for England and Wales, in clause 15, for Scotland, in clause 62, and for Northern Ireland, in clause 80. The maximum penalty for the offence will be imprisonment for up to two years, a fine, or both.

The clause also extends to coupons and vouchers and to selling a product at a substantial discount. These measures mean that disreputable actors cannot bypass the restriction by offering a free voucher for a product instead of a free product. The clause also covers products that promote any of the aforementioned products—for example, t-shirts with vape company branding to promote vapes cannot be freely given away. On discounts, we are only prohibiting substantial discounts, so we can make sure that businesses cannot heavily discount products to the point at which the price is no longer relevant. Businesses can still discount products if they choose to. Clause 62 also includes a power for Scottish Ministers to create additional defences.

It should never have been the case that addictive nicotine and vaping products could be legally handed out for free. This is one of the many avenues by which industry is addicting our children. It is for these reasons I commend the clauses to the Committee.

Clause 16 - Prohibition of retail sales of tobacco products etc in England without a licence

Roger Gale (Conservative, Herne Bay and Sandwich)

With this it will be convenient to discuss the following:

Schedule 1.

Clauses 17 and 18 stand part.

Schedule 2.

Clause 19 stand part.

Schedule 3.

Clauses 20 and 21 stand part.

Schedule 4.

Clause 22 stand part.

Clause 85 stand part.

Schedules 11 to 13.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I put on the record my good wishes for a happy birthday to the hon. Member for Dartford. He shares a birthday with both my daughter and my son’s science teacher, and I wish them all a happy birthday. While fully enjoying and engaging with this very important piece of legislation, I understand his urge to celebrate his birthday later, and I hope he will be able to do so.

This is quite a big group of clauses. They provide for the licensing regime for retail sales of various products, tobacco products and others in England and are quite complex.

Clause 16 provides the Secretary of State with the power to make regulations on the granting of personal and premises licences. It establishes a licensing system for the sale, storage, exposure and supply of tobacco, vaping and nicotine products in England and outlines the requirement for individuals and businesses involved in the retail of those products to hold specific licences.

The clause can essentially be broken down as follows. Subsection (1) establishes that individuals in England are prohibited from selling, displaying for sale or possessing certain relevant products, such as tobacco, vaping and nicotine products, unless they have a valid personal licence. That ensures that all transactions are regulated and aims to control access, ensure compliance with legal standards and promote accountability among retailers in handling those products.

Clause 16 also effectively creates a licensing framework to monitor and enforce sale practices. That is important, because we have heard evidence—and seen for ourselves when we walk down the street—that virtually every shop, whatever it sells otherwise, sells vapes. The clause will help to reduce the number of outlets selling those products and ensure that they are being sold responsibly and only to those above the age of sale.

Subsection (2) mandates that premises cannot be used for certain activities involving the relevant products, including storing, displaying or supplying them without a valid premises licence. Again, that ensures that the locations themselves are regulated by requiring a licence, which allows for oversight of operations, ensures compliance with health and safety and legal standards and prevents and reduces unauthorised and illicit sales. That will help to enforce accountability and the responsible handling of regulated goods.

Subsection (3) allows the Secretary of State to create by regulations exemptions to subsections (1) and (2) if he or she wishes to do so. Subsection (4) requires the Secretary of State to create regulations governing the granting of both personal and premises licences. That provision is essential to establish clear criteria and procedures for individuals and businesses seeking licences to sell, store or display relevant products. Subsection (4) will ensure that those activities are conducted responsibly and legally, aligning public safety standards and allowing for consistent oversight, as I said. It ensures that there is a thorough process in considering input from those who are directly affected by or have expertise in the matter.

Subsection (7) specifies that regulations under the clause are subject to the affirmative resolution procedure, which we have talked about before. Subsection (8) defines key terms, such as “personal licence”, “premises licence” and “relevant products”, ensuring that there is clarity in the interpretation and application of the provisions so that individuals subject to them understand what their duties involve.

Schedule 1 concerns the retail licensing scheme for England only. To tackle the illicit market and protect legitimate businesses, the Bill provides powers to introduce a new retail licensing scheme in England for tobacco, vapes and nicotine products. The schedule details the regulations for a retail licensing scheme and explains the regulations that the Secretary of State can implement under the powers granted in clause 16, which mandate that retail sales of those products in England must be licensed.

There clearly needs to be a licensing authority, and the regulations will designate a local authority as the responsible body for granting licences to retailers that wish to sell tobacco, vaping and nicotine products. With regard to yesterday’s statement on the changes to some local authorities, it is important that the provisions in the schedule work, even in the event that the local authorities change as part of that process.

The regulations on licensing conditions can prevent the granting of licences in certain areas—for example, near schools—limit the number of licences in specific areas and require premises to be inspected before a licence is granted. The licensing authority can charge a fee to cover the cost of administering and enforcing a licensing scheme, and a portion of those fees may be allocated to other bodies involved in the enforcement process, especially if licensing and enforcement are handled by different authorities. The regulations will also do other sensible things; they mention the licence duration, public disclosure and how to renew and appeal any licence that has been either granted or refused. The Secretary of State will be able to provide guidance to the local authorities providing the licensing duty on how to carry out their duties in that respect.

The impact assessment on the Bill, which was published by the Department for Health and Social Care in November 2024, notes:

“A retail licensing scheme for the sale of tobacco, vaping and nicotine products would support enforcement (and in turn, public health) by:

a) strengthening retailers’ adherence to existing regulations”

and by

“b) providing the opportunity to introduce further restrictions…in the interest of public health, for example conditions relating to retail density.”

There has been public support for retail and licensing schemes. A survey conducted by Action on Smoking and Health in 2022 found that 81% of retailers support the introduction of a tobacco licence, with just 9% opposing it. A 2023 survey found that 83% of the public support tobacco retail licensing, making it the most popular intervention among adults surveyed. The Government will have an opportunity to do something popular, which they might relish for a change given the current circumstances.

If we look at international examples of tobacco licensing schemes, there is evidence that introducing or strengthening licensing leads directly to a decrease in tobacco retail density. In Finland, there was a 28% decrease, in Hungary an 83% decrease and in Australia a 24% decrease. The evidence is that licensing reduces the number of outlets selling these products, which would seem to be the aim of this measure and is a good thing.

Clause 17 outlines the offences related to licensing in connection with the sale of tobacco, vaping and nicotine products. Essentially, someone commits an offence if they violate the prohibition in subsections (1) or (2) of clause 16—that is, the licensing rules—or if they commit an offence of providing false or misleading information to the licensing authority during either the application for the personal licence or the application for the premises licence, or if they breach any other obligation required by the regulations referred to in subsection (4).

The information must be false or misleading in a material aspect, that is, in a way that could affect the desire to grant a licence, and the person must know, or ought to reasonably know, that the information was wrong when they when they gave it. A person convicted under clause 17 may receive a fine for which there is no maximum amount. As an alternative to criminal prosecution, the local weights and measures authorities may issue a fixed penalty notice for these offences under clause 37, which we will come to later today.

Clause 18 introduces financial penalties for breach of conditions attached to a personal premises licence, provided the breach is not a criminal offence as set out in clause 17. These financial penalties are civil penalties and so cannot be issued by the local weights and measures authority. They are level 4 on the standard scale—so, £2,500—and are similar to other offences set out in part 1 of the Bill. This mechanism provides a less severe alternative to criminal prosecution, allowing for enforcement of licence conditions without the need for criminal charges while holding retailers accountable for non-compliance. The maximum fine is important; it is cited quite widely throughout the Bill as a penalty for lawbreaking.

Again, I ask the Minister to look at the consistency of fines across the Bill, which we have discussed a few times, because there is also a variation in comparison with other products. A licence is also required for the sale of alcohol. The maximum fine for supplying alcohol to children is £5,000, which is obviously different from the fine for supplying tobacco or vapes to children.

I would be interested in knowing the reason for the difference between those fines, because it raises the issue of proportionality. Is it worse for a child’s health if they illegally purchase a six pack of beer or if they illegally purchase a pack of cigarettes? That is a question we could spend all day on, but I do not propose to do so. Members of the Committee will be grateful for that, particularly the birthday boy. Neither product is good for children, but it seems somewhat logical to have a lower fine for illegally selling cigarettes than for illegally selling alcohol.

Schedule 2 sets out the financial penalties for breach of retail licensing conditions in England. It sets out the procedure for the local weights and measures authorities when they are imposing financial penalties for breach of licensing conditions, and this schedule is for England only.

Before imposing a financial penalty, the local weights and measures authority must issue a written notice of intent and allow for a period for representations to give the person the opportunity to challenge the proposed financial penalty. If, after the period for representations, the local authority decides to impose a financial penalty, it must give a final written notice.

Gregory Stafford (Conservative, Farnham and Bordon)

For clarity, does that notice give notice of the amount of the penalty or just that a penalty will be imposed? Can the retailer appeal to the weights and measures authority about whether they will get a fine, or are they simply told the amount of the fine that they are likely to get? If my hon. Friend does not know, perhaps the Minister might.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I am afraid I do not think the schedule says that, so I do not know the answer. Presumably, the Minister will know the answer—or his civil servants will—and will be able to provide it in his summing up, so I shall move on.

Before the notice of intent is given, the final notice can be withdrawn or amended to reduce the penalty amount at any time by written notice. The person has a right to appeal to the magistrates court against the decision to impose a financial penalty or against the amount of the penalty. To go back to the point of my hon. Friend the Member for Farnham and Bordon, there is an opportunity to appeal the amount if one wishes to do so.

The schedule will enable an independent decision and establishes the appeals procedure to be followed. If a person fails to pay either the whole or a part of the financial penalty within the given period, the unpaid amount may be recovered as if it were payable under a county court order—so there is pretty stiff insurance that it will get paid. Any proceeds received from financial penalties must be returned to the Consolidated Fund once enforcement costs to investigate an issued penalty have been deducted by the local weights and measures authority.

Clause 19 relates to the retail licensing for Wales. As in clause 16, subsection (1) establishes that individuals must hold a personal licence to engage in activities such as selling relevant products. Subsection (2) extends those licensing requirements to ensure that the premises is licensed for activities involving relevant products. In line with clause 16, subsection (3) gives Welsh Ministers, in this case, the authority to create exceptions to the licensing regulations and requirements set out in subsections (1) and (2). Subsection (4) mandates that Welsh Ministers develop the regulations for establishment and operation of personal and premises licences.

Gregory Stafford (Conservative, Farnham and Bordon)

I am not clear what sort of exceptions we might be talking about in clauses 16 and 19 being made by Westminster Ministers or Welsh Government Ministers—and I assume there will be a corollary in the other devolved nations when we get to them.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I am not clear about that either, but I am sure the Minister will elucidate what exceptions he sees and when someone or somewhere would be used for selling such products without a licence.

Tristan Osborne (Labour, Chatham and Aylesford)

When it comes to alcohol licensing, exceptions for members’ clubs are, of course, already in statute, so we do have exceptions in other licensing regimes. Does the hon. Lady agree that the online sale of vapes, which constitutes a significant market, might also be an exception with regard to brick and mortar premises? The exceptions covered by the Bill might relate to the type of sale and the area of sale.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

The hon. Gentleman makes a good point. It is important, however, that those who are selling online and those who are selling in shops have to have a licence to do so. I hope that the Minister does not intend to exempt online retailers from the need to have a licence to sell such products—he is shaking his head, so I suggest that is not the case, which is good.

One reason for tabling new clause 10 was to highlight the importance of ensuring that online retailers are held to the same standards as those real-world retailers. We have talked previously about ensuring that online apps and online sales cannot be used as a get-around—similar to vending machines, for example. It is important to ensure that the online world is not used to get around the Government’s intention to prevent smoking and the purchase of smoking, vaping and nicotine products by under-age individuals.

To return to clause 19, subsection (5) requires Welsh Ministers to consult with relevant stakeholders before making regulations, which is sensible. Subsection (7) specifies that the regulations are subject to the affirmative resolution procedure, which for Wales means that the proposed regulations must be formally approved by the Senedd before becoming law, increasing democratic accountability and providing an extra layer of scrutiny. Respect for Welsh devolution, as we talked about in the last session, is therefore included within the Bill.

Schedule 3 provides for retail licensing schemes in Wales, making provision regarding the granting of a licence in Wales, including provisions meaning that a licensing authority cannot grant a licence to premises in a particular area, for example, in proximity to a school, and limiting the number of licences within a particular area. We heard previously that specifying that licensed premises should not be near a school could cause difficulties in some rural areas where there may be only one shop in that village and no shops for many miles around it. That is one of the reasons decisions are made locally, because the local individuals providing those licences know the local circumstances, and that would need to be done cautiously. The regulations will also specify the duration of the licence, how it is enforced and the appeals process.

Clause 20 relates to offences in connection with licences in Wales and sets out how offences are committed, along with the penalties that may be put in place. I will not go through that in any more detail.

Clause 21 talks about the financial penalties in Wales. We have talked previously about how it is a matter for the devolved nations to decide how high those penalties should be. Subsection (1) grants the local weights and measures authorities in Wales the powers to impose those financial penalties relating to a breach of conditions attached to a personal or premises licence.

Schedule 4 outlines the procedure for local authorities in Wales, such as trading standards, to impose financial penalties for breaching licence conditions. Again, before imposing a penalty, authorities must issue a notice of intent and allow time for it to be challenged. If a penalty is imposed, a final notice is issued, which can be withdrawn or reduced, and the person can appeal the decision or the penalty amount to the magistrates court. Unpaid penalties can be recovered as if they were payable under an order of the county court and proceeds, after enforcement costs, are returned to the Welsh Consolidated Fund.

Clause 22 is the repeal of register of retailers of tobacco and nicotine products in Wales. It proposes to repeal chapter 2 in part 3 of the Public Health (Wales) Act 2017, which established a regulatory framework for retailers of tobacco and nicotine products through a centralised registration system. Clearly, if this Bill passes, that provision will no longer be required because the clauses in the Bill provide for new provisions. Clause 22 repeals that chapter of the 2017 Act so that it can be replaced, which is sensible.

Gregory Stafford (Conservative, Farnham and Bordon)

I completely understand the practical need to repeal a piece of legislation that is no longer workable under the new Bill, but can my hon. Friend assure me that everything in the previous legislation that is appropriate has been transferred into the current legislation, so that nothing has fallen through the cracks? If she is not an expert in Welsh legislation, perhaps the Minister could help when he responds.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Chapter 2 of part 3 of the Public Health (Wales) Act 2017, which is being repealed by the Bill, establishes a regulatory framework for retailers of tobacco and nicotine products through a centralised registration system. That Act requires the creation and maintenance of a register for all retailers of tobacco, cigarette papers and nicotine products. That register has to include detailed information about each registrant, such as their name, residential or business address, and the location of the premises. It also specifies whether the retailer sells tobacco, nicotine products or both. For mobile and temporary premises, such as stalls, tents or vehicles, the register must record the relevant local authorities where the business operates, if there is more than one.

Welsh Ministers may be designated as the authority responsible for overseeing the register, with additional details about registration requirements subject to regulations. To register, businesses must apply to the registration authority and provide comprehensive details about their operations, including the type of products sold and the methods of sale, such as online transactions or delivery services. Applications must comply with a prescribed format and a fee may be required. The authority must grant registration unless legal restrictions, such as restricted premises or sale orders, apply. Approved applications result in updates to the register.

Registered retailers are obligated to notify the authority of significant changes, such as modifications to business details, the cessation of operations at specific locations or the discontinuation of mobile operations in a local authority area. Notifications must be submitted within 28 days and the registration authority is responsible for revising the register to reflect the changes or correct any inaccuracies. Before amending or removing a registrant’s entry, the authority must provide notice to explain the reasons and allow time for the registrant to respond.

The chapter of the Act that is being repealed includes provisions to enhance the regulation of tobacco and nicotine businesses by ensuring access to the retailers register and enforcing compliance. The registration authority is required to publish a list identifying registered businesses and their premises. For businesses operating from moveable structures, such as stalls or vehicles, the list must specify the local authorities where operations occur, instead of physical addresses.

Local authorities are granted full access to information on the register relevant to the premises within their jurisdiction to enable effective monitoring. Certain premises may be exempt from the Act’s provisions, as specified in regulations. The application of the provisions to moveable premises may be modified if deemed necessary by Welsh Ministers.

Conducting a tobacco or nicotine business without registration is an offence, as is operating at locations not listed in the register. Exceptions apply to moveable premises, but failing to notify the authority of a change in business operations without reasonable cause also constitutes an offence. Offenders face fines proportional to the severity of the breach.

To enforce compliance, local authorities may appoint authorised officers and grant them powers to investigate potential offences. Officers may enter premises at reasonable times, provided that they suspect violations and need access for verification. Entry into dwellings for such a purpose requires a warrant issued by a justice of the peace, which remains valid for 28 days. Warrants may also be granted for other premises under specific conditions, such as denial of access or risk of compromising an investigation.

Authorised officers have extensive inspection powers, including examining premises, taking samples and copying documents. They may also secure properties for analysis where necessary. Obstructing officers or failing to co-operate with a reasonable requirement is an offence. Fixed-penalty notices can be issued for minor breaches, offering offenders an opportunity to avoid prosecution through prompt payment. Those measures, in the chapter of the Act that is being repealed, collectively aim to uphold public health standards and ensure the responsible sale of tobacco and nicotine products.

Gregory Stafford (Conservative, Farnham and Bordon)

That is very helpful.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Given that is what the Act does, it will be important for the Minister to consider the timing of the repeal. There are comprehensive powers under those provisions, and it will be important to ensure that Welsh Ministers are given ample opportunity and time to put in place new provisions to replace them, before the measures in this Bill come into force.

Could the Minister explain when the changeover date is, and whether he has spoken to Welsh Ministers to ensure that there is adequate time for those provisions to be put in place? He might also respond to the question of my hon. Friend the Member for Farnham and Bordon about whether there is any restriction on replacing any aspects of the current Welsh legislation with the new legislation that we are discussing.

Clause 85 prohibits retail sales of tobacco products without a licence in Northern Ireland. To apply the measures that we have previously discussed to Northern Ireland, it inserts new measures after section 4 of the Tobacco Retailers Act (Northern Ireland) 2014 that will prohibit the sale of tobacco and nicotine-related products without a licence. That brings Northern Ireland legislation in line with the proposed UK legislation that we have just been discussing.

Proposed new section 4A of the 2014 Act introduces a clear prohibition on the retail sale of tobacco and nicotine-related products without appropriate licences. Under this section, individuals are not permitted to engage in the sale, exposure for sale or possession of relevant products unless they hold a personal licence. That licence is required for anyone involved in retail activities such as selling, displaying or possessing tobacco, vaping products, herbal smoking products or nicotine products. The personal licence must be granted by the licensing authority and the individual must comply with the conditions outlined in the licence.

The use of premises for activities such as storing relevant products, exposing them for sale or supplying them to customers is prohibited unless a premises licence is obtained. That ensures that the location used for the sale of these products is also licensed and adheres to the prescribed standards. The premises licence is granted by the licensing authority and outlines the specific conditions under which the premises can operate.

There is provision for regulations to create exceptions to those prohibitions in certain circumstances. The Department responsible for legislation is required to consult relevant stakeholders before making regulations relating to the granting of personal premises licences, which is of course sensible. Those regulations would ensure that the licensing system remains flexible and adaptable to the needs of businesses and public health objectives.

Proposed new section 4B of the 2014 Act establishes the penalties for breaching the new licensing requirements. If a business or individual operates without the necessary personal or premises licence, they commit an offence under that section. In line with England and Wales, providing false and misleading information in an application for a licence is also an offence. If someone knowingly submits incorrect information, they can face legal consequences, with a fine on summary conviction of up to level 5 on the standard scale. The section aims to ensure the integrity of the licensing process by holding individuals and businesses accountable for providing truthful information.

The court has the power to order the forfeiture and destruction of relevant products involved in an offence and of any containers used to store them. That gives the court authority to remove illegal products from circulation and deal with them in a manner it deems appropriate, thereby enforcing compliance with the new regulations.

Proposed new section 4C of the 2014 Act allows local councils to impose financial penalties on individuals or businesses that breach conditions attached to the personal or premises licences. Those breaches must not constitute a criminal offence under proposed new section 4B, which provides for an offence for lying. If a breach occurs, the council can impose a penalty, with the amount of the fine not exceeding £2,500. That serves as an alternative to criminal prosecution for more minor violations, allowing for a more flexible approach to enforcement. The section also allows for adjustments to the penalty amount to reflect inflation, ensuring that fines remain relevant over time.

Schedule 2 to the 2014 Act provides further details on the implementation of those financial penalties and outlines how the penalties will be enforced and collected. That mechanism enables councils to take swift action against minor breaches without resorting to criminal prosecution. Schedule 11 on the retail licensing scheme in Northern Ireland specifies the procedures for granting personal licences, including who may apply and the conditions that must be met for approval.

Schedule 12 provides for the financial penalties for breach of retail licence conditions in Northern Ireland. It outlines the process for granting premises licences, with particular attention paid to ensuring that premises used for sale and storage of tobacco products meet the necessary standards for health, safety and law compliance. Any proceeds received from financial penalties in Northern Ireland must be used by the council for the purpose of its functions under the Tobacco Retailers Act (Northern Ireland) 2014 or for other functions that the Department of Health in Northern Ireland may specify by regulation. That is a little different from the rest of the United Kingdom.

Schedule 13 sets out consequential amendments to the existing legislation to support the introduction of a new licensing framework. I will not go through those in detail.

Jack Rankin (Conservative, Windsor)

In my remarks to date, I have tried to support responsible vaping businesses, which I think are legitimate, and to champion vaping as a smoking cessation tool. These clauses are not in contradiction of that principle. We should support better efforts to regulate the vape market and in particular to stop youth access. Introducing the licensing concept for vapes is consistent with the Government’s intent and the principles that I wish to support.

I wish to make some suggestions as to how the licensing regime should best be set up, and I hope that the Minister will talk about his intent in advancing the regulations. The UK responsible vape sector has talked sensibly about licensing. We have the existing framework of the Licensing Act 2003, which covers the sale of alcohol; that is the kind of approach we should take to minimise excessive regulation and make it easy for people to comply. The licensing fee should be set at a rate that is at least cost-neutral to local authorities—I think everyone across the Committee realises how stretched those local authorities are—and it should cover both administrative and enforcement costs. I hope the Minister will comment on that point.

On the proximity of licensed premises to certain other locations, I encourage the Minister to try to mirror the alcohol regulations in order to provide a measure of consistency, so that legitimate premises with experience of selling age-related products can do so in the least bureaucratically complicated way. I invite the Minister to consider those points.

Sarah Bool (Conservative, South Northamptonshire)

I want to build further on the points made by my hon. Friends the Members for Sleaford and North Hykeham and for Windsor.

The licensing scheme has been welcomed across the board, which is interesting. One vaping company, Evapo, had some suggestions. I thought it was interesting for it to put those out at this point, because some of the detail is still yet to be decided and it will be done through regulations. It mentions in written evidence that

“The licensing scheme should charge retailers £750 per store per year: Licences for over 55,000 convenience and vaping stores could raise upwards of £50 million, more than enough to fund Trading Standards’ enforcement of these new laws. A manageable fee for retailers would incentivise good actor participation, while disincentivising bad actor behaviour. It would also make it more cost effective to follow the law, stymieing rogue traders from shrugging off rare fines to sell illegal, dangerous products to underage people.”

I would be interested to hear more from the Minister about what those fines may be.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

It is important that retailers who persistently flout the law are appropriately punished and that this acts as a deterrent for others. In his regulations, the Minister may want to consider whether the failure to obey one particular part of the age-restricted product legislation, such as the Tobacco and Vapes Bill, could lead to a loss of licensing for other age-restricted products, whether that be alcohol, fireworks or otherwise.

Sarah Bool (Conservative, South Northamptonshire)

I welcome my hon. Friend’s comments and I agree. I would be interested to hear what the Minister has to say in this regard.

Evapo also says that

“the scheme should mandate at least two annual independent mystery shops, paid for out of the licensing scheme.”

That would be a good way of ensuring that the legislation is working in practice.

I hope that, before the roll-out of the various regulations, there will be a series of detailed consultations on how they are granted, the licence fee, the conditions, the duration, the publication, and the reviews and appeals. That would give us certainty that we are ensuring this legislation works in practice.

Gregory Stafford (Conservative, Farnham and Bordon)

My hon. Friend is making an interesting point. What does she think about the idea of having a single licence? If a shop—for example, a small convenience store—is selling alcohol, tobacco, where it is still permitted under the regulation, and vapes for those over 18, would a single regulatory process and licensing scheme be more efficient and more beneficial both to the customer and the retailer?

Sarah Bool (Conservative, South Northamptonshire)

My hon. Friend makes a valid point. We do not want the introduction of this legislation to lead to any overburdening. We do not want the smaller convenience stores that are trying to operate to be challenged and put out of business. We want this to be a very practical measure so I agree that would be something to look into. I wonder whether the Minister might offer any further thoughts on that.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I thank Members for their contributions.

Clauses 16 to 22, clause 85, and schedules 1 to 4 and 11 to 13 establish powers for Ministers in England, Wales and Northern Ireland to introduce a licensing scheme for the retail sale of tobacco, vaping products, nicotine products, cigarette papers and herbal smoking products. There is currently no requirement for a business to obtain a licence to sell these products, which is a major gap in enforcement. This gap is hard to defend since the sale of products such as alcohol does require a licence, while tobacco—the single biggest preventable cause of death, disability and ill health—does not. Vaping and nicotine products also carry, as we have heard, a significant risk of harm and addiction.

Introducing a licensing scheme will strengthen enforcement of the law, acting as a deterrent to rogue retailers who breach sales regulations, supporting legitimate businesses and ultimately supporting public health outcomes. Retail licensing is a highly popular intervention, as the shadow Minister helpfully pointed out, because the polling shows that 81% of retailers and 83% of the public are supportive of tobacco retail licensing, and it is one of the most popular tobacco interventions surveyed.

Clause 16 establishes that an individual in England is required to hold a personal licence in order to sell tobacco, vaping products or nicotine products, expose those products for sale, and possess products for sale. The clause also establishes that a person must have a premises licence for any premises in England used for the storage, exposure or supply of a relevant product to a retail customer.

The clause provides for a discretionary power for the Secretary of State to make exceptions by regulations to the requirements for a personal or premises licence. This will enable regulations to appropriately account for all possible types of retail. The Secretary of State in England must, by regulations, make provisions for how licences are to be granted and must conduct a consultation before regulations are introduced. The scheme will be commenced by regulations.

I hope that in part answers the question posed by the hon. Member for Farnham and Bordon, because we want to ensure that the licensing regime is fit for purpose not just for bricks and mortar businesses, but for online business.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Will the Minister address under which part of the legislation regulations will be made in Scotland?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I will come to Scotland in due course.

Schedule 1 establishes the framework for the regulations. It establishes that the licensing authority will be the local authority, and defines the relevant types of local authority that regulations could establish as the licensing authority. In answer to the shadow Minister’s question, given that there is likely to be local government reorganisation in the future, it will be, and will remain, the responsibility of the outgoing local authority that is the licensing authority to continue the licensing function up to the date that the new local authority comes in, out of a shadow form.

The usual practice in local government reorganisation is that a shadow local authority is in place for a year in advance. It sorts out restructuring and necessary background work, with local members who were elected to the shadow authority becoming the members of the new local authority on the commencement date. That was true of the Local Government Acts in 1972 and 1996, and it has been true of local government reorganisations since. I have no reason to believe it will not be true of the next set of local government reorganisations. For a period of time, the outgoing local authority will be the licensing authority because it is the local authority until the date that it moves to new arrangements. From day one of the new arrangements, the new authority will be the licensing authority.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Some areas have a unitary authority, some have a unitary authority and a mayor, and some have restricted county councils. As local reorganisation occurs, how will the tier of local authority that has the competency and duties under this legislation be defined?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Where we know an area is moving from a two-tier to a unitary authority, the clue is in the name: the unitary authority will be the licensing authority because there will be only one local authority covering that area.

Gregory Stafford (Conservative, Farnham and Bordon)

I am sure the Minister has much greater understanding of his own Government’s policy, but my understanding is that there will be some devolution of powers to parish and town councils. Will they potentially become the licensing authority when there is a downward devolution of power?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

No. The local authority, not the parish council, would be and will remain the licensing authority, as is the case at the present time. Notwithstanding that there may be a quasi-additional tier in the form of a mayor and a combined authority, where areas move from a two-tier to a unitary authority, it will be the local authority that is the licensing authority. That is what happens in my constituency in Greater Manchester, where we have effectively had unitary authorities since the metropolitan county council was abolished in 1986. Tameside metropolitan borough council and Manchester city council are both unitary authorities. They are both the licensing authorities for their respective parts of my constituency, even though we have a Greater Manchester combined authority and a Great Manchester metro mayor. I hope that clarifies the issue.

Schedule 1 also establishes that regulations may make provisions regarding the granting, duration, renewal and revocation of licences, and enables the licensing authority to charge a fee for the granting of a licence. In response to the point raised by the hon. Member for Windsor, the fee structure may be set at a level that takes into account administration and enforcement costs. The local authority will be able to use the fee to help cover the cost of granting licences and enforcing the scheme. That is the closest I can get: we intend it to be cost-neutral for the purpose of operating the scheme.

Schedule 1 establishes that regulations can place conditions on the licence. Retailers that breach those conditions will be subject to civil financial penalties. Regulations may make provision for licensing authorities to publish information about licences, such as the addresses of licensed retailers, and, to maintain fairness, regulations must include an appeals route, so that retailers can, for example, appeal decisions on the granting of a licence. Finally, regulations may require that a licensing authority must consider guidance published by the Secretary of State to support the smooth implementation of the scheme.

Clause 19 and schedule 3 establish the same power to introduce a licensing scheme in Wales, with the same framework for the regulations. The schedule establishes the licensing authority in Wales to be the council of the county or county borough. Clause 85 achieves the same in Northern Ireland by inserting a new clause into the Tobacco Retailers Act (Northern Ireland) 2014, while schedule 11 establishes the same framework. In Northern Ireland, a council will be the licensing authority.

Clause 17 creates offences in relation to the licensing scheme in England. It makes it an offence to sell, expose for sale, or possess for the purpose of sale any relevant products without, or not in accordance with, a personal licence. The clause also makes it an offence to use a premises in England for the storage of relevant product for the purpose of retail sale, the exposure for sale, or the supply of any relevant product to a retail customer without, or not in accordance with, a premises licence, and knowingly to provide materially false or misleading information in a licence application.

Anyone found to be committing a licensing offence may be issued with an unlimited fine on conviction. As an alternative to prosecution, trading standards may issue a £2,500 fixed penalty notice, which is an on-the-spot fine. Regulations can confer on courts a discretionary power to suspend or revoke a licence on conviction. The court may order relevant product to be forfeited and destroyed, to prevent a business from continuing to sell or unlawfully selling product.

Clause 20 establishes the same licensing offences in Wales, and clause 85 establishes the same licensing offences in Northern Ireland. In Northern Ireland, district councils will enforce the licensing scheme. People convicted of a licensing offence face a fine of up to £5,000. As an alternative to prosecution, councils in Northern Ireland can issue a fixed penalty notice, the value for which will be determined in regulations.

Clause 18 creates civil financial penalties for breaches of licence conditions in England, to ensure that licensed retailers continue to follow the rules. Breaching conditions is a civil matter, not dealt with by the courts. The value of the civil financial penalty cannot exceed £2,500. The clause also provides a limited and specific power to update that value to account for inflation, to ensure that the value remains relevant. A civil penalty cannot be issued if the breach of the licence condition already constitutes a licensing offence. That is to ensure that someone cannot be subject to double punishment for the same licence breach.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

The power to increase the fine is in line with inflation, but if evidence over time showed the Minister that the fine was not adequate to deter the offence from taking place, the Government might wish to raise it by more than inflation, to provide a greater deterrent. Would it be wise to make the power more flexible?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

As I have said during previous outings in the course of this Committee, the Bill merely rolls over the existing fines. We would need to do a much more complex piece of work to uprate the fines beyond the current values, plus inflation. That is not what the Bill seeks to do; we do not want to overcomplicate it.

I hope to reassure the shadow Minister that if there are criminal charges, although not in the case of a civil penalty, there is no maximum fine. The courts can determine a fine that is entirely appropriate, and certainly above the £2,500 limit, in a serious case. I am quite content to leave it to the court to determine whether the case is so serious that it merits either a custodial sentence, in the most extreme cases, or an unlimited fine—indeed, there is the possibility for both those things. I hope that covers some of the hon. Lady’s concerns.

Schedule 2 sets out the procedure for imposing financial penalties on retailers for breaches of licence conditions in England. Trading standards may recover unpaid penalties from retailers who fail to pay the full amount of their penalty. To support enforcement, it can deduct the cost of issuing the penalty before it must return the rest of the proceeds collected to the consolidated fund.

Clause 21 creates the same civil financial penalties for breaches of licence conditions in Wales, and schedule 4 sets out the same process for issuing such penalties in Wales. Clause 85 creates the same civil financial penalties in Northern Ireland, and schedule 12 sets out the same process for issuing such penalties in Northern Ireland. The schedule establishes that any value of penalties collected by councils in Northern Ireland may be used to support tobacco and vape enforcement. The Department of Health in Northern Ireland may require that councils must supply information relating to use of the collected penalties. That approach aligns with the existing approach for use of proceeds from fixed penalty notices in Northern Ireland.

There are also clauses and schedules specific to Wales and Northern Ireland, given differences in existing powers and enforcement regimes. Clause 22 repeals the existing power that Welsh Ministers have to introduce a retailer register in Wales, which has not yet been exercised. The power is repealed when the licensing scheme provisions in this Bill come into force. That is because the new licensing scheme will supersede this power, so it is unnecessary to have both.

Schedule 13 includes consequential amendments for Northern Ireland. It amends the Tobacco and Retailers Act (Northern Ireland) 2014 so that the existing tobacco retailer register in Northern Ireland is removed. That means that once the licensing regulations are introduced in Northern Ireland, they replace the retailer register, as it is unnecessary to have both. The schedule also updates the 2014 Act so that the new licensing offences are included in the list of relevant offences for a restricted premises or sale order. That means that licensing offences in Northern Ireland will be considered when district councils determine whether someone should be issued with a restricted premises or sale order, preventing them from selling the relevant product for a set amount of time as a consequence of repeat tobacco and vape offences.

The hon. Member for Sleaford and North Hykeham asked me about Scotland. I was passed a note, but I seem to have shuffled it away. The simple answer is that Scotland already has its own scheme up and running, which it considers to be successful, and it does not wish to change it. We respect the devolution settlement, so we do not seek to make changes to the scheme in Scotland.

Clause 23 - Restricted premises orders

Roger Gale (Conservative, Herne Bay and Sandwich)

With this it will be convenient to discuss clauses 24 to 27 stand part.

Roger Gale (Conservative, Herne Bay and Sandwich)

No, it is too late; I am sorry. Members have to understand that if they wish to make a contribution, they must make that clear by standing up; otherwise, I push forward. It is too late. The clause is debated.

Taiwo Owatemi (Labour, Coventry North West)

Sorry, Sir Roger. We had wanted to adjourn at clause 22.

Roger Gale (Conservative, Herne Bay and Sandwich)

But we have just agreed clause 23. It is done. Whether you like it or not, the Committee has said yes to clause 23, so it stands part of the Bill. We cannot go back; there is no retrospective route in Committee. If Members wish to debate clauses 24 to 27, which technically have not been moved, they may do so, but they cannot debate clause 23.

Roger Gale (Conservative, Herne Bay and Sandwich)

Hang on, not now! This is like trying to herd kittens. When you come back this afternoon, you may, if the Chairman chooses to allow you—you will be pleased to know it will not be me—speak to clauses 24 to 27, before you vote on those. But you cannot go back over clause 23.

(Afternoon)

Clause 24 - Restricted premises orders: interested persons

Peter Dowd (Labour, Bootle)

With this it will be convenient to consider clauses 25 to 27 stand part.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

It is a pleasure to serve under your chairmanship, Mr Dowd. Clauses 23 to 27 relate to restricted premises orders. Restricted premises orders stop sales on a premises whereon a relevant offence has taken place

“whether made—

(a) by the offender or any other person, or

(b) by means of any machine”,

and the orders prohibit the sale on the relevant premises of

“any one or more of the following—

(a) tobacco products;

(b) herbal smoking products;

(c) cigarette papers;

(d) vaping products;

(e) nicotine products.”

They can apply, as defined in clause 23, for up to a year, and are designed to tackle persistent offenders.

Clause 23(7) defines a persistent offender, stating:

“A person convicted of a relevant offence is a ‘persistent offender’ for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises.”

Clause 23(8) defines a relevant offence. It states:

“In this section ‘relevant offence’ means—

(a) an offence under any of the following provisions of this Part—

(i) section 1 (sale of tobacco etc to people born on or after 1 January 2009);

(ii) section 3 (tobacco vending machines);

(iii) section 10 (sale of vaping or nicotine products to under 18s);

(iv) section 12 (vaping and nicotine product vending machines);

(b) an offence under any of the following (which are repealed by this Act)—

(i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);

(ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);

(iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).”

For a restricted premises order to be applied, the Bill says that the sale has to take place on the premises. How does this apply to online sales that are collected? I would like an assurance that there is not a loophole for sales whereby someone buys the product online and then collects it at a premises. Also, why are offences under the following clauses not included: clause 4, “Sale of unpackaged cigarettes”; clauses 5 and 6 on age of sale notices; clauses 13 and 14, which contain the display regulations; and clause 15 on the distribution of samples and promotions?

I presume that the relevant offence could be any one of the different offences. For example, I presume that an individual could be convicted for illegally selling vapes on one occasion and tobacco products on another—that it would not necessarily need to be the same product on each occasion. Could the Minister could clarify that? Also, how does the landlord-tenant arrangement work? If the tenant behaves badly and is thrown out of the premises as a result, could the landlord rent the premises to another company or allow another person to run a business on the premises instead? Would that remove the restricted premises order? If it did, how does the Bill prevent another company set up by the same people or their relatives from getting around the restricted premises order?

Clause 24 ensures that those subject to a restricted premises order will know about it, which is obviously important. An applicant must make “reasonable enquiries” to determine

“(a) the occupier of the premises, and

(b) any other person who has an interest in the premises.”

Does that include shop employees? Otherwise, how would a shop employee know, unless their boss told them, that a restricted premises order was in place? Is it the intention that a sign be put up in the building that says so, or would we be reliant on the shopkeeper telling his shop workers?

Clause 25 allows for appeals to the Crown court. How much does the Minister believe that that will cost in a typical case?

Clause 26 provides for penalties for breaches of a restricted premises order, which is only a fine. How much will that fine be? Presumably, it will be substantially more than the relevant offence fines, or what would be the point in having it? If the penalty for repeatedly flouting the same law is a fine that is not much more than the original fine, it will not act as any form of deterrent. Will the Minister give some guidance on how much the fines will be? Also, if an employee—in a shop, for example—was not told that there was a restricted premises order in place, and in good faith sold the product because they believed that that was an okay thing to do, would that be counted as a reasonable defence?

Clause 27 is essentially the same provision, but with respect to Wales. It allows the Welsh to extend the list of relevant offences in Wales, but subsection (2) only allows that if the offence

“relates to tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.”

If the Secretary of State used his powers under clause 45, which we have not come to yet, to expand the Bill to include products that are used to consume tobacco—such as the bongs that I know interest the Minister so much—then the Secretary of State must get the consent of the Welsh to add them to clause 45. That is sensible, but clause 27(2) would presumably prevent the Welsh Minister from extending the relevant offences. Therefore, does subsection (2) need to say at the end, “or any product added under the provisions of clause 45”?

Sarah Bool (Conservative, South Northamptonshire)

The shadow Minister makes an important point on a technicality about who the restricted premises order applies to—if, for example, a tenant is the offender.

Under clause 23(6), a restricted premises order is a local land charge; that comes out of the Local Land Charges Act 1975. Once a property lawyer, always a property lawyer—forgive me. For those who may be interested, a local land charge is a restriction on the property in the order of a planning decision, a tree preservation order or a conservation and listed building notice. That means that it will stay with the freehold title of the property. Therefore, even if a tenant has caused the problem, that order will affect the landlord’s interest, because it can be on the register for up to a year. It is not very clear in these provisions how that order can be taken off the property in the instance that it is the tenant who is the problem offender.

That also plays into clause 24, which deals with ensuring that interested persons are aware. For these purposes, I understand that that would be a bank, for example. If there is a mortgage over the property, banks would become incredibly interested because it goes to the value of their security. When a bank needs to step in if something goes wrong with the financing, it needs to know what is happening in this scenario. I can imagine the severity of this provision; it can go to the fundamental basis on which a bank has lent any money.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

My hon. Friend is making an important point and I am grateful for her legal expertise. The tenant would be responsible for having committed the offence, but the landlord would effectively be punished too. I understand that there is a balance to be struck. We want to ensure that the tenant is not able to reconstitute his or her business under a different name, or perhaps take a new lease under their spouse’s name, in order to get around the restricted premises order, but is there any mechanism that my hon. Friend can see by which a landlord—who has genuinely re-let the property to a completely different, unrelated and unknown party—can get rid of the restricted premises order on it?

Sarah Bool (Conservative, South Northamptonshire)

Based on a quick look at the drafting alone, I do not see an immediate ability to do so. A land charge is a charge on the property title, so it stays there until it can be removed. That is probably where the property lawyers would step in. I agree with my hon. Friend that we could see a situation whereby a landlord who has problem tenants could try to terminate the lease because of the breach of various provisions, but they would none the less still be burdened by a restricted premises order. As I said, I think that will have a bigger impact on financing, and on the terms of the mortgage. I foresee some potential complications.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

When the interested parties are informed, could the landlord step in at that stage, as an interested party, to appeal the restricted premises order, on the basis that they are in any case ending the tenancy of the individual company or person that caused the offence in the first place?

Sarah Bool (Conservative, South Northamptonshire)

I think that is what they would do. If they did not step in at that point, any financing or any bank that had a mortgage over the property would certainly be looking to do that—to try to clear out the property and make sure that it is free to be used thereafter. It may seem like a technicality, but I can foresee this point as one that will be wrangled over for many years to come.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

It is a pleasure to serve under your chairmanship, Mr Dowd.

This group of clauses relates to restricted premises orders. These are existing measures that local authority trading standards in England and Wales can use when dealing with a retailer that persistently breaches the age of sale and vending machine restrictions for tobacco products, herbal smoking products, cigarette papers, vapes and nicotine products. The clauses are based on and replace existing legislation.

A restricted premises order is an important enforcement mechanism for tackling persistent offenders. A persistent offender is someone who has committed an under-age sale of cigarette papers, tobacco, herbal smoking, vaping or nicotine products or has committed the offence of selling from a vending machine, at least twice within the previous two years. The person who brought the proceedings for the sales offence makes a complaint to a magistrates court to apply for a restricted premises order in respect of the premises where the offence was committed.

Clause 24 requires notice to be given to people who might have an interest in a restricted premises order being made in England and Wales, and sets out situations where an interested person might challenge a restricted premises order. An interested person is the occupier of the premises or someone who has an interest in it, such as the manager or owner. The clause sets out the circumstances in which notice should be given to an interested person where a restricted premises order is being applied for. Interested persons are allowed to make representations to the court to try to prevent a restricted premises order from being issued, or at least to try to vary it. This is a safeguard so that suitable steps are taken before a restricted premises order is made, and to maintain fairness so that a relevant person is informed of an impending restricted premises order.

Clause 25 provides those in receipt of a restricted premises order in England and Wales with the ability to appeal to a Crown court. This is important to the function of enforcement in the Bill as it enables businesses to appeal against a restricted premises order, such as where they feel they have a case that the order has been inappropriately or unfairly issued. This provision maintains the fairness of the enforcement regime in the Bill.

Clause 26 makes it an offence to breach a restricted premises order in England and Wales. The offence is committed when a tobacco, herbal smoking product, cigarette paper, vaping or nicotine product whose sale is prohibited under a restricted premises order is sold on the premises. The offence occurs if a person knew or ought reasonably to have known that the sale was in breach of the order. It also provides a defence for the person charged, where they prove that they took all reasonable steps to avoid a committing the offence. Making it an offence to breach a restricted premises order gives local authority trading standards the ability to escalate action to tackle persistent offenders. The severe penalty of an unlimited fine can act as a deterrent.

Finally, Clause 27 provides Welsh Ministers with the power to add to the offences for which restricted premises orders can be issued, in addition to what is already prescribed in the Bill. Offences added must be in relation to tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products only. This re-enacts an existing power for Welsh Ministers, who must consult before making regulations under this power. The clause is therefore important as it maintains existing powers that enable legislation in Wales to be kept up to date to ensure that restricted premises orders can continue to be used as an effective enforcement tool.

I turn to some of the points raised by hon. Members, including why restricted premises orders prevent the sale of only tobacco and vapes, not other products. Why not shut businesses down? That is not an unreasonable question. We believe that it would not be proportionate to prevent a business that has breached tobacco and vapes sale regulations from being able to conduct other types of business. For serious cases where criminal behaviour occurs on a premises, local authorities can apply to the court for a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014. Closure orders fully close a business for a maximum of three months and can be extended for a further three months on application to a court. In cases that go beyond tobacco and vaping products, that is the reasonable step that we would expect trading standards and others to take. I commend the clauses to the Committee.

Clause 28 - Restricted sale orders

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss clauses 29 and 30 stand part.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I beg to move.

Peter Dowd (Labour, Bootle)

I remind the Committee that if you want to talk about the clauses, this is the point at which you should do so.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

In that case, clauses 28 to 30 relate to restricted sale orders, which are another tool in the arsenal of trading standards that can be used against those who repeatedly commit an offence. Like the clauses related to restricted premises orders, they are based on and replace existing legislation.

Clause 28 provides that a persistent offender in England and Wales can be issued with a restricted sale order. A persistent offender is someone who has committed an under-age sale of cigarette papers, tobacco or herbal smoking, vaping or nicotine products or has committed the offence of selling them from a vending machine at least twice in the previous two years. A restricted sale order is similar to a restricted premises order, but it puts a ban on an individual, rather than a premises, selling relevant products. It also prohibits the individual from having management functions related to the sale of relevant products and from keeping machines on any premises that sell relevant products. This is one of several measures in the Bill that will ensure that our enforcement approach to tackling under-age sales is both effective and proportionate. The clause is important for the overall functioning of the Bill, as it provides local authority trading standards with a further tool of enforcement. Restricted sale orders also act as a deterrent to persistent offenders, as they apply to a specific person regardless of where they are employed or whether they change employment.

Clause 29 provides those in receipt of a restricted sale order in England and Wales with the ability to appeal to a Crown court. The clause is important to the functioning of the enforcement regime in the Bill, as it enables individuals to appeal against a restricted sale order, such as where they feel that they have a case that the order has been inappropriately or unfairly issued. That maintains the fairness of the enforcement regime in the Bill.

Clause 30 makes it an offence to breach a restricted sale order issued in England and Wales. The offence is committed when the individual has done something, such as sell a product, that they have been prohibited from doing under the restricted sale order. It provides a defence where a person took all reasonable steps to avoid committing the offence. The clause is based on and replaces existing legislation. As with restricted premises orders, making it an offence to breach restricted sale orders gives local authority trading standards the ability to escalate action to tackle persistent offenders. The severe penalty of an unlimited fine can act as a deterrent.

I commend clauses 28, 29 and 30 to the Committee.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

As the Minister has already described these clauses, I will not repeat that information, but I encourage him to answer my questions on the previous clauses, as they apply similarly to this group. The others were related to restricted premises; these clauses relate to restricted sales applying to people, but the questions are the same.

If one appeals to the Crown court, how much will it cost? The Minister did not answer the question about the phraseology of “on the premises” and how that would relate to the collection of items bought online. In the debate on the previous clauses—the same question applies to these ones—he did not answer why the offences in clauses 4 to 6 and 13 to 15 are not considered relevant. Will he also clarify that a different relevant offence can occur on each of the three occasions within the two years?

With regard to restricted sale orders, paragraphs (c) and (d) of clause 28(2) relate to machines used for the purpose of selling cigarettes and other banned products. It is illegal under previous clauses to sell items from a machine, so why would one need a restricted sale order to ban something that is already illegal?

Sarah Bool (Conservative, South Northamptonshire)

My hon. Friend raises the points that I was going to raise. I did question why clause 28(2)(c) in particular was necessary, because if we ban vending machines there should not be any machines going forward. I want to understand what machines we envisage if they are not going to be vending machines.

Alex Barros-Curtis (Labour, Cardiff West)

It is a pleasure to serve under your chairmanship, Mr Dowd. I thank the Minister for explaining these clauses and I fully support them, but I have two questions pertaining to clause 28.

The first question has already been asked by the hon. Members for Sleaford and North Hykeham and for South Northamptonshire and relates to clause 28(2)(c). Could the Minister explain the interaction between that paragraph and the offences created under clauses 3 and 12? Perhaps this is a catch-all provision, or some hangover from the section that the clause is based on and seeks to replace, which is section 12B of the Children and Young Persons Act 1933.

The other point that I would like the Minister to explain, which has crossover with similar phraseology in earlier clauses, relates to clause 28(4) about a person who is convicted of a relevant offence becoming a persistent offender. In order to determine that they are a persistent offender, it will be important to have accurate record keeping to keep track of any persistent offences. I know this is not a new concept, but I wonder whether he could say more about that in his response. Record keeping will be critical to tackle repeat offenders. Will he ensure, whether by regulations or any other means, that different local authorities share that information? What we do not want is a persistent offender in one local authority moving to another one, setting up shop and repeating those same offences.

Sarah Bool (Conservative, South Northamptonshire)

I want to echo that point. The hon. Gentleman is right: if a tenant is a company and that company changes its name, and then moves around, it may be necessary to go back up the structure to see who the ultimate beneficial owner is and to make sure that people are not just using it as a cover. I heartily agree.

Peter Dowd (Labour, Bootle)

I will call the Minister. He may well wish to respond on the points related to clauses 28, 29 and 30 rather than the other points that have been raised, which can be taken up at another place and another time.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I will follow your guidance, Mr Dowd, because we will debate some of these issues further.

First, I apologise to the shadow Minister on the subject of the questions that she asked, particularly about the fines. The fine for a breach is level 5. That is the maximum and an unlimited fine. When it comes to the breach of a restricted premises order and the other offences we have been discussing, these are all serious offences that take place after someone has committed multiple previous offences and when several enforcement steps have already been taken along the way. It is therefore really important that trading standards has the option—and it is that, an option—to escalate enforcement measures to issue a potentially very high fine. The fine needs to reflect the severity of the offence and the fact that the offender is persistently breaching the regulations.

That follows on to the matter of record keeping raised by my hon. Friend the Member for Cardiff West. We will continue to work with trading standards during the long lead-in time that we anticipate we will have once this Bill hopefully gets Royal Assent. I am sure that trading standards already has good record-keeping that will help it to ascertain persistent offenders for rogue sales but, if it does not, we will work with it to make sure that it does and that it can properly enforce the measures in the Bill.

On the point about the current use of restricted sale orders, the data from the tobacco control survey shows that between April 2013 and March 2020, one council applied to the courts for a restricted sale order that was not approved. There have been no tobacco control survey reports since 2020, so more recent data is not available, but this information is gathered by the Chartered Trading Standards Institute, so that answers that point.

I take the point made by the hon. Member for South Northamptonshire about restricted sale orders and vending machine offences and we are seeking to remove vending machines for tobacco and vape sales. Restricted sale orders specifically prevent the sale of tobacco, vape and nicotine products, and, when offences relating to the sale of these products have been persistently committed by an individual, we think that they are a proportionate enforcement tool that is specific to the nature of the offence committed. I take the hon. Lady’s point that we are seeking to remove vending machines, but we want to make sure that the clauses are as watertight as possible so any sales from vending machines that might happen would still be covered by the scope of the measures for enforcement.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I thank the Minister for answering some of my questions. Another question related to clause 29 and appeal to the Crown court. How much does he anticipate that the average cost to interested parties will be? If he does not know, perhaps he could write to us.

On clause 28, the relevant offences do not include offences in other clauses in part 1 of the Bill, including clauses 4, 5, 6, 13, 14 and 15. They are not included as relevant offences in clause 28, or indeed clause 23. Given that the Minister wants a robust and watertight approach, why is that not the case? The other question related to online collection.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The hon. Lady has asked a number of technical questions. We will get back to her and the Committee about the interrelationships between different clauses.

On the question that she asks about applications to the Crown court and the fines system in the Crown court, it is of course the Crown court that deals with appeals against penalties issued in respect of criminal offences dealt with in the magistrates courts. These are matters for the courts.

I know she asked about costs, and we believe that it would not be proportionate to prevent a business that has breached tobacco and vape sale restrictions from being able to conduct other types of businesses. For serious cases, where criminal behaviour occurs on a premises, local authorities can apply for a closure order under section 80 of the 2014 Act. Closure orders fully close a business for a maximum of three months and can be extended for a further three months on application to a court. I am not sure that covers her point, but we will get back to the hon. Lady on that.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I had another question on restricted sale orders. Why has the Minister chosen to include particular clauses and not others? I believe he will write to the Committee on that question.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Yes.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I asked about online sale and collection versus sale on premises. Finally, if an individual person is a repeat offender under clause 28 because they have sold tobacco three times, that would be fairly clear. If they have sold tobacco on one occasion, vapes on another and cigarette papers on another, does that still count as three relevant offences?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

It is obvious that three separate offences have occurred, so if the hon. Lady is asking whether they count as three offences under the Bill, of course they would. They are each their own separate offence under the Bill. That is absolutely the case. We cannot be any clearer that these are three separate offences; they are in different parts of the Bill, but none the less they are offences under the Bill. I hope that clarifies that point.

In terms of online sales, what we want to ensure is that the measures in the Bill are proportionate. These clearly relate to premises rather than a virtual space. I will certainly write to the Committee to make sure that online is covered in the provisions. Throughout the measures we have discussed to date, we have discussed trying to bring the same regulation to bricks and mortars and to online, so that there is no loophole for the industry to move away from a physical space to online, to try to get around restrictions. How that relates to a particular restricted sale order is technical in detail, so I will write to the Committee at the earliest opportunity to clarify the point.

Clause 32 - Enforcement by local weights and measures authorities

Peter Dowd (Labour, Bootle)

With this it will be convenient to consider the following:

Clauses 33 and 34 stand part.

Clause 81 stand part.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The clause places the duty to enforce the tobacco and vaping measures in part 1 of the Bill and any display regulations in England and Wales on local weights and measures authorities. It provides local weights and measures authorities—meaning local authority trading standards in England and Wales—with the power to use the investigatory powers under the Consumer Rights Act 2015 to conduct their enforcement activity.

Those investigatory powers are comprehensive and include the power to purchase products, observe a business, enter premises with or without a warrant, inspect products, test equipment, require the production of documents, seize goods, seize documents as evidence, break open containers and require assistance from persons on the premises. Trading standards officers are experts in enforcement, and it is vital that we provide them with the appropriate powers to perform their duty. The clause ensures that local authority trading standards can use the same investigatory powers that are used now, and known to be effective, to enable successful enforcement of the new legislation.

Clause 33 provides a requirement for local weights and measures authorities in England, meaning local authority trading standards, to consider a programme of enforcement action and the potential design of such a programme of enforcement for offences under part 1 of the Bill and display regulations, on a yearly basis. The clause is important to the Bill as it reconfirms what local authority trading standards should consider appropriate action to enforce tobacco, vapes and nicotine product regulations in their local area.

Gregory Stafford (Conservative, Farnham and Bordon)

The Minister is outlining clause 33. Under subsection (2), it is clear what the programme of enforcement action might involve, but what is not clear is what the consideration means in this case. In the local authority, is that decision made by a certain department, by the cabinet or, if a combined authority, by the mayor? What is due consideration under the Bill?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The hon. Gentleman has answered his own question, because that very much depends on the constitutional make-up of the local authority. The governance of that local authority will determine the way in which that is considered. As licensing functions tend to be quasi-judicial in their nature, enforcement required to ensure that those licensing conditions are met means that, in effect, elected members across the authority have some role in and responsibility for giving consideration to those points. I hope that clarifies the matter for him.

Gregory Stafford (Conservative, Farnham and Bordon)

It does in the most general sense, but I am trying to get to the specifics of this, if the Minister does not mind. The clause is very clear. It says in subsection (1) of clause 33,

“Each local weights and measures authority in England must, at least once a year, consider”

and so on. Presumably, the Department has some idea of what that consideration would look like, and it is presumably the Department’s job to enforce that the local authority has made some consideration. It must have some benchmark as to what that consideration would be, otherwise how on earth will it enforce that part of the Act once passed?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Look, the clause merely reaffirms the current case, which is that local trading standards and weights and measures authorities must consider certain things. The hon. Gentleman is right that on the enforcement regime for tobacco and vaping products, the Bill extends the consideration that local members should give. It is very clear, with the set of measures we are dealing with in this Bill, what those considerations should be and what local councillors and the executive or the mayor should consider on behalf of the local authority. Every local authority trading standards has a programme of enforcement that is approved by that local authority; this Bill will request of them that that is extended, within the scope of the measures in the Bill—hopefully to be an Act—to include what we expect for the enforcement of tobacco and vape regulations.

The Bill will also ensure that they continue to review the action they take on a regular basis. It is really important to ensure that the enforcement regime in any particular local authority area is as robust as it can be and that, where there are deficiencies, the local authority and the members constituting it have the opportunity to put things right. Clause 34 makes the same provision for programmes of enforcement action in Wales as is made for England under clause 33, and clause 81 makes similar provision for district councils in Northern Ireland. I therefore commend these clauses to the Committee.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I thank the Minister for outlining what these clauses do. I will not repeat his summary, but I will ask him one question: could he confirm what provisions are made for Scotland, please?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Scottish Ministers have advised that they do not wish us to legislate on this. It is my understanding that that is why these measures relate solely to England, Wales and Northern Ireland.

Clause 35 - Power of ministers to take over enforcement functions

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss clause 36 stand part.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Clauses 35 and 36 provide ministerial powers. In clause 35, Ministers can decide that they will take over a duty to enforce part 1 of the Bill or regulations under clause 13 in relation to a particular case in England. Subsection (2) of the same clause provides for Welsh Ministers to do the same. Clause 36 gives a similar power to Ministers, only this time it applies to proceedings in respect of an offence, as opposed to a duty to enforce an offence under part 1 of the Bill or regulations under clause 13. Could the Minister give some examples of why Ministers, or the Secretary of State in the case of England, would wish to interfere in either the duty to enforce or the proceedings in respect of an offence? Could he also provide for what provisions are made for Northern Ireland and Scotland?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The shadow Minister makes an important case for these measures covering England and Wales. There are no known cases of Ministers needing to take over the enforcement of tobacco and vape regulations in England and Wales. Trading standards operates in all local areas and undertakes enforcement responsibilities, and it will continue to do so. We acknowledge as a Government that it is highly unlikely that these powers will ever need to be used, but it is important to have them to ensure that there is consistency in enforcement, if there is ever an occasion where a local authority is unable to conduct enforcement activity. We believe these powers act as a useful safeguard for very extreme circumstances.

If this power were exercised—as the shadow Minister has rightly put to us, although we do not expect it ever to have to be—how would it work in practice? It is a fair point. Ministers would decide how enforcement functions would be taken over, as well as the suitable organisations or individuals who would be involved in undertaking the enforcement action for a particular case, or cases of a particular description. That is woolly for the simple reason that we do not know what those circumstances would be. Were there circumstances severe enough to warrant Ministers utilising this power, we would want to ensure—

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Ministers intervening in a particular case is obviously quite a sensitive issue, particularly where that is the prosecution of a single individual or the duty to enforce regarding a single shop. I can understand that there may be a conflict of interest, and the Secretary of State may be asked to choose a different authority to arbitrate to avoid that conflict, but how will the Minister ensure that these measures are not used for political purposes?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

All I can say to the shadow Minister is that we do not intend to use these powers. They would hopefully never see the light of day. However, we have to legislate for—we are keen to legislate for—those exceptional circumstances that will probably never happen. Where there is a real failure on the part of a local trading standards to deliver its core functions, as set out in the Bill, Ministers must reserve the right to intervene.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

With respect, if the clause said that the Secretary of State reserves the right to take over proceedings or the duty to enforce for more multiple cases in the same area, or take over the whole job of the local authority, that would perhaps make some sense, if the local authority was underperforming in its duties. However, these clauses state that it is for a specific case, not the wider failure to deliver.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I get that—it is difficult without having a specific example, because there has not ever been one, but we have to assume that at some stage in the future there may be a case, however unlikely that is. We have to ensure that the Secretary of State has the absolute confidence that the trading standards functions of a particular area are able to meet the ambitions of the Bill. If, for whatever highly unlikely reason, there is a conflict of interest or those functions have not been delivered in an appropriate way, Ministers need to have that opportunity to intervene. That is what this power, as unlikely as it may be, seeks to do; it is a backstop in the extreme, unlikely circumstance that local trading standards is not operating in accordance with the measures of the Bill.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Has the Minister discussed it with his Scottish and Northern Irish counterparts, and can he say whether they have a similar provision? If they do not have it, why do they feel that they do not need it?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Scotland does not have the powers in the Bill, and nor does Northern Ireland. We have discussed all of this in terms of where we are legislating for different parts of the United Kingdom. I would like to reassure the shadow Minister, though, that Scotland does have a similar, separate power from this. It is not true that Scotland does not have this power; it does have it, but does not want it to be part of the framework in the Bill.

This is a measure that we believe is a safeguard. It is unlikely that we will ever seek to use it, but we have to have those safeguards, because were there to be a local authority that is not able to perform the requests that the Bill sets out, and were the Secretary of State or Ministers at some stage in the future of the view that the trading standards functions were not meeting the requirements of the Bill, there has to be some measure to allow Ministers to step in and try to fix that situation so that the measures in the Bill, and the robust enforcement that we expect from those, are applied consistently across the whole country.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

The Minister says that it is similar in Scotland—I would be grateful if he could confirm whether that is related to individual cases or to a wider takeover of a failing Department. The Minister has talked a lot about the proportionality of the offences, fines, and punishments that can be chosen by trading standards, and he says that he trusts trading standards to ensure that that is proportional to the offence on each occasion. The concern is that the clauses would allow the Secretary of State to interfere with that by taking over the proceedings or the decision to enforce in a particular case, which would mean, for example, that if a Secretary of State was concerned that his best friend was running a shop and was about to get into trouble, he could intervene on the basis of this legislation and prevent that person from having proceedings. Likewise, if an Opposition politician was in the same situation, he could intervene to make proceedings much harder and harsher than they would normally have been.

Tristan Osborne (Labour, Chatham and Aylesford)

Will the hon. Lady give way?

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I cannot give way, because I am intervening on the Minister. Does the Minister understand that concern?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I understand what the hon. Lady is trying to get at, but I started by saying, in answering her, that there have been no known cases of Ministers needing to take over the enforcement of tobacco and vapes regulations in England and Wales. These are an important safeguard in a probably never event—[Interruption.] She asks why we are doing it: we are doing it precisely so there is a safeguard and, in an extremely rare occasion that we might need to intervene, we are able to. It is not a power that we are seeking to use, nor do we want to use it, but it is an important safeguard. With that, I commend the clauses to the Committee.

Clause 36 - Power of ministers to take over proceedings

Clause 37 - Fixed penalty notices

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I beg to move amendment 54, in clause 37, page 19, line 25, at end insert—

“(1A) In respect to sections (1) and (2) fixed penalties will not be issued where a person has admitted guilt, and it is a first offence.”

This amendment ensures that fixed penalty notices for an offence under sections 1 and 2 will not be issued if it is a first offence in England and Wales.

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss the following: amendment 55, in clause 50, page 26, line 33, at end insert—

“(5A) In section 27 (Fixed penalties), in paragraph (1) at end insert ‘, save if an offence under section 4, 4A, and 4B is a first offence for which a person has admitted guilt”.

This amendment ensures that fixed penalty notices for an offence under section 50 will not be issued if it is a first offence in Scotland.

Clause stand part.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Amendments 54 and 55 are probing amendments, like others we have tabled in a similar vein, to provoke discussion about the proportionality of offences, particularly where an offence has occurred inadvertently because someone has misjudged the age of an individual in front of them in an innocent way.

I will not repeat myself, but we have already talked about the evidence that shows that people have great difficulty in identifying someone’s age, and the Government have not yet provided guidance on how individual shop workers should be trained to identify people’s age, whether they should be trained to always check ID and how they will prove they saw it and what it looked like. Until that guidance is provided, it is quite difficult to see how all offences can necessarily be proportionate for someone, particularly someone committing a first offence.

However, clause 37 offers some opportunity for discretion within that process by providing for the issuing and handling of fixed penalty notices by local weights and measures authorities for certain offences relating to the tobacco and vaping regulations in England and Wales. It stipulates that local authorities can issue FPNs to individuals suspected of committing specific offences, such as selling tobacco or vaping products to minors or breaching the display or sale regulations. These offences are detailed in the sections mentioned in subsection (1), such as selling tobacco to those born on or after 1 January 2009 or selling nicotine products to under-18s.

The notice offers the person an opportunity to avoid being prosecuted by paying a specified fine within a set period of 28 days. The fine is set at level 4 on the standard scale, or £2,500, whereas for some other offences it is set at £200. There is quite a different there, so I would be grateful if the Minister could explain the reason for that variation.

The individual can pay the full fine within 28 days, or a reduced fine—50% of the original amount—if it is paid within the first 14 days. If the fine is paid within the relevant period of 28 days, whether that is the reduced fine within the 14 days or in full later at 28 days, the individual will not be convicted for the offence. If the payment is not made in time, legal proceedings can then begin. However, no legal proceedings can be initiated before the end of the 28-day period. If the person who has received the fixed penalty notice fails to make the payment and the local authority decides to initiate proceedings against them, the time that is calculated for the magistrates court will begin after the payment window of 28 days. The relevant authority can withdraw the fixed penalty notice at any time before the payment is made.

The fixed penalty notice must explain that the local weights and measures authority has reason to believe that the person has committed an offence, why the penalty is that amount, and how and when to pay the system. As I understand it, it is designed to offer a simple and quicker alternative to prosecution, providing an incentive to resolve minor offences through the payment of a fixed fine.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I am grateful to the shadow Minister for bringing this discussion before the Committee today. Amendment 54 would provide that someone who commits the offence of selling tobacco, herbal smoking products or cigarette papers to someone under age in England and Wales, or the offence of purchasing these products on behalf of someone under age—proxy purchasing—cannot receive a fixed penalty notice when it is their first offence and they admit to committing the offence.

Amendment 55 would achieve a similar effect in Scotland. This amendment would ensure that someone who commits an offence of selling tobacco, herbal smoking products or cigarette papers to someone under age in Scotland, or commits a proxy purchasing offence or the offence of failing to operate an age verification policy, cannot receive a fixed penalty notice when it is their first offence and they admit to committing the offence.

The shadow Minister’s intention may be to establish greater leniency for first-time offenders by removing fixed penalty notices as an enforcement option. Or it may be that she just wishes for first-time offenders to potentially face criminal prosecution and higher fines. Nevertheless, we do not want to weaken the existing penalty regime or reduce enforcement options available to trading standards by creating exceptions for first-time offenders or anyone else who has committed these offences. We also do not want to risk causing confusion for trading standards officers, when it comes to utilising these fines, by creating different rules for first-time offenders.

The purpose of the fixed penalty notices is to enable trading standards to take enforcement actions against rogue offenders more quickly and easily. These on-the-spot fines avoid the need to take offenders through a time-consuming magistrates court process, and reduce the pressure on courts. When enforcing tobacco and vape legislation, trading standards takes a proportionate approach, choosing the appropriate action to take to achieve compliance. That typically starts, as we have discussed, with the issuing of warning letters, which is often effective in achieving compliance without the need to escalate to harsher penalties, such as prosecution and associated criminal fines, which are subsequently issued by a court on conviction. We do not want to remove the ability of trading standards to issue fixed penalty notices, including for first-time offenders, where that is viewed as a proportionate penalty for the particular case before them. It is for those reasons that, once more, I ask the shadow Minister to withdraw the amendments.

I now move on to clause 37, which amendment 54 seeks to amend. The clause introduces new fixed penalty notices in England and Wales to enable local authority trading standards to take quicker action by issuing on-the-spot fines to retailers in breach of regulations, instead of seeking a court prosecution. The fine will be £200—double the amount proposed in the same Bill when introduced by the previous Government. We will go further by enabling the use of the fixed penalty notice for a wider range of offences.

Trading standards officers will be able to issue a £200 fixed penalty notice for under-age sales, proxy purchases and free distribution of tobacco, vaping and nicotine product offences, as well as breaches of tobacco age of sale notice restrictions and breaches of display of products and price regulations made under this Bill. The value of the fixed penalty notice is reduced by 50% to £100 if paid within 14 days by the individual in question. This amount is proportionate and brings the value of the fixed penalty in England and Wales into closer alignment with the current similar values in Scotland and Northern Ireland and the £200 fixed monetary penalties for breaches of the single-use vapes ban. It was also the most popular value given by respondents to the Government’s public consultation.

A higher fixed penalty amount, set at level 4 on the standard scale—currently £2,500—will be available for licensing offences under clauses 17 and 20, in England and Wales, once respective licensing schemes are established through regulations. This higher value reflects the seriousness of these offences and will help the taking of action against rogue retailers.

Fixed penalty notices offer an individual the opportunity to avoid prosecution for an offence if they make a payment within a specified period. Existing fixed penalty notices already in place for proxy purchases of tobacco and vape products will be replaced by this new regime. A strong and proportionate approach to enforcement is vital to support the implementation of new tobacco and vape measures and put us on track to a smoke-free United Kingdom. Fixed penalty notices will complement our existing sanctions and strengthen the toolkit available to trading standards officers by allowing them to take swifter action to fine rogue retailers that breach certain regulations, including age of sale regulations. I therefore commend clause 37 to the Committee.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

The Minister has reassured me that the trading standards officer fining someone breaching the regulations and the provisions of the Bill that are relevant has the capacity to issue warning letters to someone who they believe has committed such an offence inadvertently—someone who would otherwise wish to adhere to the law, but has made a simple mistake—and there is a range of other options, such as an FPN or prosecution itself, for the more reckless or persistent offender, so I will not press my amendments to a vote.

On clause 37 itself, can the Minister answer this question. People can repeatedly be issued with FPNs; if someone were issued with an FPN rather than being prosecuted, would that be recorded as a “relevant offence” under clause 23 or 28—on restricted premises orders and restricted sale orders—or could someone be recurrently getting an FPN and not be treated as a recurrent offender?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

My apologies to the shadow Minister. The simple answer is no; paying a fixed penalty notice is an alternative to criminal prosecution. A person cannot be convicted of the offence if they pay the fixed penalty notice within the specified time.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I thank the Minister for that information. Does he therefore envisage situations in which an individual receives an FPN recurrently but is not treated as a recurrent offender?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

That would be a matter for trading standards to judge, but one would expect that if somebody is a recurrent offender in that regard, trading standards may want to use the vast array of enforcement powers, including, ultimately, being taken through the court process, should that be appropriate. But that is entirely a matter for trading standards.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I think that could lead to a situation where the first offence is committed and trading standards gives the individual a warning letter because they believe the individual did not intend to commit it, the second offence is committed and an FPN is issued, the individual commits a third offence and gets another FPN, and so on. By the time we get to the fourth offence, the trading standards officers may get fed up with that individual and want to treat them as a recurrent offender but be unable to do so because they have technically never committed a relevant offence. Trading standards would then have to prosecute them for the next three offences over two years before they could treat them as a recurrent offender, which would delay the prosecution under the restricted premises or restricted persons order of an individual deliberately and recklessly selling age-restricted products to under-age people. Can the Minister consider whether someone receiving recurrent FPNs would be considered for the restricted sale order, perhaps at a higher threshold than prosecution?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The shadow Minister makes a valid point. I remind her, though, that there is an array of tools for trading standards to use. A fixed penalty notice is one; we have discussed and debated other measures to date. There is an entire toolbox of enforcement measures. I am not quite the Stalinist some might think; I trust trading standards to take the appropriate action given the circumstances. The Bill, hopefully soon to be an Act, will provide trading standards with an array of different measures, so that if they decide that someone is a persistent offender, they can go down a variety of different routes.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

On that basis, I beg to ask leave to withdraw the amendment.

Clause 38 - Fixed penalties: use of proceeds

Liz Jarvis (Liberal Democrat, Eastleigh)

I beg to move amendment 2, in clause 38, page 20, line 18, leave out from “must” to the end of line 19 and insert—

“be allocated by the relevant Local Health and Wellbeing Board to public health projects.”.

This amendment would direct funds from Fixed Penalty Notice fines to public health initiatives, determined by Local Health and Wellbeing Boards.

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss the following:

Amendment 3, in clause 38, page 20, line 20, leave out from “before” to the second “the” and insert—

“such sums are allocated by the relevant Local Health and Wellbeing Board”.

This amendment is consequential upon Amendment 2.

Clause stand part.

Liz Jarvis (Liberal Democrat, Eastleigh)

It is a pleasure to serve under your chairship, Mr Dowd, and to speak to these amendments.

The UK should be one of the healthiest countries in the world, with our long history of grassroots sports, high-quality food production and world-leading medical research. However, under the previous Government the UK only became sicker, and now lags far behind its international peers. That is why the Liberal Democrats want to see the new Government take urgent action to support people to live healthier lives. The previous Government squandered numerous opportunities to make the UK a healthier place to live and failed to take easy steps to improve the nation’s health. The Liberal Democrats have welcomed the new Government’s early steps to tackle ill health. We believe that supporting people to lead healthier lives should be a priority for the Government.

Gregory Stafford (Conservative, Farnham and Bordon)

As all Liberal Democrats do whenever they stand up, the hon. Lady has just castigated the previous Government for everything they did. Did she not welcome the fact that the previous Conservative Administration brought in a Bill very similar to this one to improve the nation’s health? Is there nothing she can find to praise the previous Government for?

Peter Dowd (Labour, Bootle)

Order. I ask that we stick to the amendment.

Liz Jarvis (Liberal Democrat, Eastleigh)

That brings me to amendments 2 and 3 to clause 38. As the Bill stands, fines collected for breaches of licensing regulations are directed to the relevant Consolidated Fund after deducting administrative costs. We believe that this misses an opportunity to create tangible benefits by empowering local health and wellbeing boards to increase the health and wellbeing of their local populations. Amendments 2 and 3 propose a constructive change: those fines should be redirected to support public health initiatives, to be determined by local health and wellbeing boards.

Local health and wellbeing boards bring together leaders from across the care and health system to improve the health and wellbeing of their local populations. They are well placed to identify and prioritise local public health challenges. Keeping money from the fines in the community would empower local health and wellbeing boards to determine public health initiatives tailored to their communities’ needs. Our amendments are centred on the need for community-led solutions to public health concerns.

Sadik Al-Hassan (Labour, North Somerset)

Would the hon. Lady’s amendments affect the financing of the actions of trading standards, and would more money need to go in to offset that?

Liz Jarvis (Liberal Democrat, Eastleigh)

I do not know the answer to that, so I will refer that question to the Minister.

Sadik Al-Hassan (Labour, North Somerset)

They are your amendments.

Liz Jarvis (Liberal Democrat, Eastleigh)

I am sorry; I do not know about that.

Our amendments would also promote transparency and accountability by giving those with skin in the game a direct role in deciding how fines are used to address public health priorities in their area. They would strengthen the Bill’s public health focus while retaining the integrity of its enforcement mechanisms.

Alex Barros-Curtis (Labour, Cardiff West)

Will the hon. Lady give way?

Liz Jarvis (Liberal Democrat, Eastleigh)

I have one sentence left.

The amendments would ensure that the penalties imposed for regulatory breaches contribute directly to mitigating the broader harms caused by tobacco and vaping.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

My understanding—the Minister may correct me if I am wrong—is that the money from FPNs would go into the relevant Consolidated Fund once the enforcement costs of investigating an issue in the FPN have been deducted by the local weights and measures authority. Were these amendments to come into force, the Government would need to provide the extra money to ensure that the enforcement agencies can still function, because at the moment some of their money is recycled from the FPNs, and that would not be the case.

I understand the hon. Lady’s desire to ensure that the money that comes from FPNs for the sale of tobacco and other relevant products to under-age individuals is used to improve public health, but in practice if the money goes into the Consolidated Fund, the Government can use it for whatever purposes they deem useful for public health. There is therefore nothing to stop them using it entirely for public health, and for this House to decide what it should be spent on, because that is how the Consolidated Fund is spent. In my view, having a separate fund administering the FPNs would add an extra layer of bureaucracy, so I do not support the amendments, although I support the principle behind them of trying to ensure that public health is good, because all parties want that.

Alex Barros-Curtis (Labour, Cardiff West)

I appreciate that the hon. Member for Eastleigh is perhaps in the invidious position of having to talk about something that is not the amendment she originally authored, but I share the shadow Minister’s concern.

I note that the current drafting of clause 38 has respect for the devolved position. I am the Member for Cardiff West, so I take a particular interest in the Welsh Consolidated Fund. I am concerned that amendment 2 would replace those words with

“the relevant Local Health and Wellbeing Board”,

so it does not take into account the devolved position with respect to Wales. I therefore suggest that the amendment be withdrawn.

Gregory Stafford (Conservative, Farnham and Bordon)

I do not want to repeat too many points that other people have made. This a well-meaning, but ill thought-through amendment, as has been highlighted by the two hon. Members who spoke before me.

I was a local government councillor for 17 years, and served on many health and wellbeing boards. I do not recall them ever having a separate fund, so this would be a new innovation. It would not necessarily be an innovation without good intention, but using central Government legislation to enforce a completely new set of financial arrangements on local authorities could have a wider impact than those who have tabled these amendments have anticipated. The Minister, either in his summary or on Report, might find a way of achieving what those hon. Members want via other means, because clearly we would all want the moneys from continued enforcement to be used for things as close to health and public health improvements as possible. Will the Minister address that in his response?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I will first discuss the clause and then move on to the amendments. Clause 38 sets out how proceeds from the new fixed penalty notices in England and Wales must be used. I will also discuss the amendments that the hon. Member for Eastleigh has tabled on behalf of the Liberal Democrats.

The clause states that funds received from fixed penalty notices issues in relation to the licensing offences in the Bill must be returned to the relevant Consolidated Fund once the costs of investigating the offences and issuing the notice have been deducted. That will ensure that these fixed penalty notices remain cost-neutral and will not cause local authorities to incur additional cost burdens for enforcing a future licensing scheme. For all other offences, which carry a fixed penalty notice of £200, proceeds will be retained by local authorities and must be used in connection with their functions under this Bill, part 1 of the Health Act 2006, part 3 of the Public Health (Wales) Act 2017 and the Tobacco and Related Product Regulations 2016. That means that if local authority trading standards issue a fixed penalty notice—for example, to a retailer selling to someone under age—the local authority may retain the funds from the fixed penalty notice, and those funds must be used by the local authority to support the enforcement of tobacco and vape legislation. That will allow local authorities to cover the enforcement costs for issuing fixed penalty notices and to reinvest any remaining funds into their enforcement regimes.

The amendments to the clause proposed by the hon. Member for Eastleigh seek to ringfence the proceeds from the £2,500 fixed penalty notice for licensing offences for public health projects. They would achieve that by making it mandatory for any proceeds received by local authority trading standards from these fixed penalty notices to be allocated by local health and wellbeing boards to public health projects. Although I admire the hon. Lady’s ambition to further support public health—and who would not?—it would not be appropriate to enable local authorities to retain the fixed penalty notice proceeds in that way.

Councils already have a ringfenced budget for public health in England. The proceeds from the £2,500 fixed penalty notices for licensing offences were never intended as a revenue-generation mechanism. The fixed penalty notice is introduced to support the enforcement of the future licensing scheme and tobacco and vape sales regulations. It should continue to be the choice of trading standards officers to determine the appropriate enforcement action to take in a given case to achieve compliance. Enabling retention of fixed penalty notice proceeds for a different purpose risks distorting the operational priorities of the licensing scheme.

The £200 fixed penalty notice introduced by the Bill for offences such as under age sales are an exception. We worked carefully with His Majesty’s Treasury during the development of the Bill to enable trading standards to retain that relatively small value in order to support their procedures. To ensure that the future licensing scheme can be sustainably implemented, we have established that local authorities will be able to use the licensing fee to support them in covering the costs of administering and enforcing the licensing scheme, and that trading standards can deduct the costs of investigation and issuing fines from the FPN proceeds before returning the remainder to the Consolidated Fund.

My hon. Friend the Member for Cardiff West also mentioned the fact that the provision is not compliant with the reality of seeking to apply to both England and Wales, in that it makes specific reference to bodies that do not exist in Wales, namely the health and wellbeing boards, which only appertain to local authorities in England. I want to be clear that local authorities are receiving not just their public health grant but, in the financial year 2025-26, an additional £70 million from central Government and the Department of Health and Social Care to support local authority-led stop smoking services in England. We expect that investment will support our aim to help around 360,000 people to make quit attempts, and up to 198,000 successful quits a year.

Decisions for future years are subject to the spending review process, but that money, as the shadow Minister rightly pointed out, in part comes from the Consolidated Fund. So there is a virtuous circle of the kind that the hon. Member for Eastleigh rightly wants to see, in that there are direct correlations between money that my Department gets from His Majesty’s Treasury and money that the Treasury will get from not just those fixed penalty notices in the future, but other sources of income generation, including fines and penalties.

That money, in one form or another, almost certainly will be recycled into public health measures determined by Ministers and by Parliament and given to local authorities to determine how to spend at their local level. That could be through the public health grants, or through direct grants such as the smoking cessation or the drugs and alcohol grants that we make available to local authorities. But rest assured, there will be investment in public health, and that will come from money that my Department receives from His Majesty’s Treasury through the usual routes. With that, I ask the hon. Member for Eastleigh to withdraw her amendment.

Liz Jarvis (Liberal Democrat, Eastleigh)

I will not be withdrawing the amendment.

Clause 39 - Power to change amount of fixed penalties

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Clause 39 provides the power to change the amount of fixed penalties. As the Minister has described, the fixed penalty is set at £200. The clause outlines the powers granted to the Secretary of State and Welsh Ministers to modify the details of fixed penalty notices, in terms of both the level of fine and any percentage discount granted for early payment. The powers seem sensible, as does having an overall limit. The limit that the Government have chosen to set is that of a level 3 fine on the standard scale, which will rise periodically from time to time.

Clause 40 - Handing over tobacco etc to underage people in Wales

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss schedule 5.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Clause 40 seems self-explanatory. It introduces schedule 5, which relates to the illegal act of handing over tobacco and nicotine products to individuals under the age of 18 in Wales. It amends the Public Health (Wales) Act 2017 to include vaping products, herbal smoking products, cigarette papers and nicotine products. This creates a difference between England and Wales. Obviously the Welsh are free to make changes where they wish to, but I am interested in why the Minister has decided that we should not have a corresponding piece of legislation for England.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

The hon. Lady makes a reasonable point. Wales is the only devolved Government to have a provision on handing over products to people who are underage. That is why the clause is framed in the way that it is, given the fine balance of reaching consensus across the devolved Administrations and England. Wales is the only devolved Government to have this provision.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I may have misheard the Minister, but I am not sure he explain why he does not think it is necessary in England.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

We do not think that this power is necessary, nor did the Northern Ireland Executive or Scotland. Wales wishes to retain a power that it already has, and I think that is fair enough.

Clause 42 - Application of programmes of enforcement to old age of sale offences

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss clause 43 stand part.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

My understanding is that clauses 42 and 43 provide for enforcement of fixed penalty notices for the old age of sale offences in the intervening time between the Bill being passed and it coming into force. It seems therefore sensible.

Clause 45 - Power to extend Part 1 to other products

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss clauses 67 and 86 stand part.

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Clause 45 enables the Secretary of State by regulation to extend the provisions of part 1 to cover devices or parts of devices that allow tobacco products to be consumed. Clause 67 amends the Tobacco and Primary Medical Services (Scotland) Act 2010 to give the equivalent powers to Scottish Ministers. Clause 86 amends the Health and Personal Social Services (Northern Ireland) Order 1978 to give the equivalent power to Northern Ireland.

These provisions mean that any newly emerging device or current device, such as heated tobacco devices, could be covered in future. This future-proofs the Bill, will allow us to stay on top of tobacco control and will protect the public from the harms of tobacco. Before making any regulations under the clause, the relevant Ministers or Department will have a duty to consult. For amendments to part 1 of the Bill, the Secretary of State must obtain the consent of Welsh Ministers if those regulations would be within the legislative competence of the Act of the Senedd. I therefore commend these clauses to the Committee.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

I believe this is the clause the Minister previously mentioned in relation to bongs. It is his desire to ensure that items used for illegal drugs, which are currently legal only on the basis that they are used for tobacco, will not need to be used once tobacco is not as available. I have a question relating to the age of sale, because tobacco has a rolling age of sale. Is he suggesting that, to put these provisions in place and make these items illegal—such as the bongs that he has referred to so forcefully in the past—the smoke free generation will need to reach the point where there are no members of the smoking generation left?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I am not sure whether anybody is listening in to the proceedings of this Committee—I am sure lots of people are; the hon. Member for Windsor said thousands—but I certainly think that somebody connected with the tobacco and vape shop on Strutton Ground is listening, because the said offending bong, which has been there for the six months that I have been Minister, seems to have disappeared from the shop window. That shows the power of the parliamentary processes—it is not just sad geeks who are listening in to the proceedings of this Bill—[Interruption.] Indeed, it might have been sold—I did start to wonder whether I had inadvertently been advertising said bong.

The supply of controlled drugs and any articles for administering and preparing controlled drugs is regulated under the Misuse of Drugs Act 1971. However, as I have flagged, some items that might be captured by this legislation are also being displayed and sold. That is how they are getting around the Act—under the premise that they are used for smoking tobacco—and that includes things such as pipes and bongs.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

My understanding was that the Minister did not wish to restrict the use of tobacco products and other products covered by this Bill by those who are over the age of sale, whether that be the smoke-free generation date or the age of 18. Does he accept that if he brings in regulations under clause 45, it will potentially affect those who are currently buying tobacco legally? How will he ensure a balance between protecting our population from drugs, particularly illegal drugs, and maintaining the availability of tobacco for those to whom the Government have decided it should be available?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

I quite accept the shadow Minister’s point. We are not making the purchase or consumption of tobacco or tobacco products illegal. What we are doing is ensuring that the next generation can never legally be sold tobacco or tobacco products. I do not wish to stray over old arguments, but as I said when the Committee debated clause 1 at length, Parliament is effectively saying to the tobacco industry, “This is it. This is as good as your market share is ever likely to be. We’re going to stop that conveyor belt, so new people don’t come along to replace those who are dropping off the other end as a consequence of your product. We will move hell for leather to shrink what little market base you now have still further through things like the stop smoking programme,” which we discussed under the previous clause.

I hope that the hon. Lady accepts that although we will absolutely allow people who currently smoke to continue smoking or using tobacco products until the day they die if they so wish—we will do all we can to wean them off that addiction, but if they want to, they will be able to—we will be preventing the next generation from ever getting hooked. That is the context for all these clauses.

The power that we are discussing in relation to clause 45 will only mean that the other parts of the Bill can be extended to include these products. That is an important factor. We are not banning these products; we are just covering them in measures such as the display powers that we are discussing. That is important. It will mean that if a bong is put in a shop window like the one on Strutton Ground, action can be taken not on the basis that it is drugs paraphernalia—heaven forbid, because that would be a breach under the Misuse of Drugs Act 1971—but because the said bong can be used to smoke tobacco. It will give us the powers, should we so wish, to include a variety of other products in the scope of the Bill so that they cannot be displayed. If they are not displayed, the chances are that the said shops will not be selling them.

Alex Barros-Curtis (Labour, Cardiff West)

I agree that clause 45 is really important, for reasons that have been discussed by Members on both sides of the Committee. As has been said throughout, the tobacco industry will find a way if we do not make these measures as watertight as possible. In respect of subsection (3), which relates to the devolved elements, can the Minister reassure me that in his conversations with the Welsh Ministers they have shared his zeal to ensure that these measures are as robust and future-proof as possible?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

Absolutely. The working relationship between me and my officials in the Department of Health and Social Care and my ministerial counterparts across the three devolved Administrations and their officials in their respective Health Departments has been textbook. It has been exemplary. Not that I would do so with the Welsh Health Minister, but I could have my ten penn’orth of argument with some of the other devolved Administrations on a whole range of policy areas, yet when it comes to tackling the scourge of tobacco and vapes, the four Health Ministers are as one. That is why this is a landmark Bill.

The SNP Administration in Holyrood, the Northern Ireland Executive, who cover a rainbow of political parties in Northern Ireland, and the Labour Welsh Government in Cardiff Bay have given me the responsibility and power to act on their behalf. That is the Union in action. That is co-operation in action. That shows that devolution need not be a mechanism to pull us apart; where we are at one, it can be a mechanism to draw us together. I reassure my hon. Friend that the powers in the Bill have been shaped by the Welsh Health Minister, to every last full stop, and have the full support of the Government of Wales.

Clause 46 - Power to amend lists of identity documents

Peter Dowd (Labour, Bootle)

With this it will be convenient to discuss clause 82 stand part.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Clause 46 provides the legal framework for the power to amend the definition of the identity documents in clauses 1 and 10. There has been some debate about the list of identity documents, which is quite short. I know that the Minister has described the list of identity of documents for voting as too short, for example, but that is a much longer list than this one, with a much broader scope.

I understand the need to provide a legal framework to increase the number of identity documents and amend the list as required, so I support clause 46. I am sure that the Minister will be under pressure from the Chancellor to find efficiencies in his Department. Rather than saying, “We have the power to amend it, so let’s do that later,” and instead of using civil servants’, Members’, Ministers’ and the House’s time to amend it by regulations later, might it not be more efficient to add to this list now? He could add things like veteran cards and other pieces of ID currently available for those wishing to vote. He could do it now with a stroke of his pen.

Gregory Stafford (Conservative, Farnham and Bordon)

I have a simple question. Obviously, “amend” can mean either “increase” or “decrease”. The Bill lists the following ID cards:

“(a) a passport,

(b) a UK driving licence,

(c) a driving licence issued by any of the Channel Islands or the Isle of Man,

(d) a European Union photocard driving licence, or

(e) an identity card issued by the Proof of Age Standards Scheme”.

I assume that a passport, a UK driving licence, or a driving licence issued by the Channel Islands or the Isle of Man is unlikely to disappear. I have no idea, but I suspect that a European Union photocard driving licence is not going to disappear.

Jack Rankin (Conservative, Windsor)

Shame!

Gregory Stafford (Conservative, Farnham and Bordon)

My hon. Friend tempts me, but I am not going to respond. I suppose the only one that the Minister would consider removing would be the proof of age standards scheme card, if it were somehow changed or amended. Will he confirm that he is not looking to reduce the numbers?

Caroline Johnson (Conservative, Sleaford and North Hykeham)

One point to add is that individuals with certain disabilities may not have a driving licence, because their disability makes them ineligible to drive. The options available to them are quite substantially restricted, because most of the options on the list are forms of driving licence. Has the Minister assessed whether those with disabilities are more or less likely to have the documents listed, and is he happy that those with disabilities who wish to buy age-restricted products can do so?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

We have already discussed at length the Government’s intentions to have a robust but workable system that does not overburden retailers, but enables them to have the confidence that the people to whom they are selling their products meet the required age of sale. I have already discussed and set out the reasons for the list of ID cards.

Of course, most of the forms of ID are things that most people have, or they are able to get a PASS ID card. Those are commonplace for people who are currently under the age of sale for a variety of products, and that is one form of ID that they can purchase if they do not have any other forms of ID. There is also the defence for retailers that they took all reasonable steps, which might involve their looking at a form of ID other than those set out in the legislation, such as veteran cards, which we have already spoken about at length. That remains the case.

I want to give a bit of background on how the list came about. My understanding is that in the previous incarnation of the Bill there was not a list of forms of ID. That came in for criticism by the then Bill Committee, which thought that there ought to be a list. That is how we have ended up with the list that we have now.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

Is the Minister suggesting that if a shop worker or retailer selling an age-restricted product to an individual saw a form of ID that is not listed in part 3 but which they were convinced was a real and genuine certification of age, they could use that instead?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

That is the reasonable defence that we have already discussed under earlier provisions of the Bill.

Caroline Johnson (Conservative, Sleaford and North Hykeham)

So why is a list necessary? Why not just say “as long as they have taken reasonable steps to get the ID”?

Andrew Gwynne (Labour/Co-operative, Gorton and Denton)

If the hon. Lady lets me finish my contribution, she might get an answer that she likes. I have already had discussions with my officials about how we have less ambiguity in relation to the ID. The list was put in for the reasons that I stated. The previous iteration of the Bill did not have a list and was criticised by members of the then Bill Committee because it was too vague. We will perhaps come back at a later stage with an amended proposal.

I hope the hon. Lady recognises that her point has been made very well and that my officials and I are in full listening mode. We hope to reassure members of this Committee, probably on Report, that we can strengthen this element of the Bill—we do not want to weaken it—so that there is no ambiguity over ID. We will have a robust mechanism for retailers so that they have confidence in what is and is not an acceptable form of ID. We will get this right. I am determined that we will get these measures right and that they will be enforceable.

On the ability to add or remove from the list, should that be necessary, it will be future-proofed. However we define the requirements on identification, whether it is as it currently stands or as it changes, the way we do ID will change. In my relatively short lifetime—I am only 50—technology has moved on apace and forms of identification have changed. Who knows how things might change over the next 50 years? We have future-proofed much in the Bill against the tobacco and vaping industry being able to find another route through to sell its goods to the next generation. We are putting roadblocks in place for all those mechanisms. We also need to make sure that the enforcement mechanisms are fit for purpose for the future.

I hope I can reassure the hon. Member for Farnham and Bordon that the intention is not to make it easier to escape the ID requirements or make it harder for people to prove that they are of legal age. Perhaps, at some stage, certain ID mechanisms will become obsolete and we will need to remove them, but this is about adding new ID to the list so that as new forms of identification become available that we have not even thought of, the Bill will be future-proof. We are not restricting ID to passports and drivers’ licences that we might not even have in 50 years’ time. I hope the hon. Member accepts that explanation, and I hope that Members understand that we are in listening mode. We are looking at what constitutes applicable ID, so that clarity will be there for the retail industry on what applies and what does not.

Written evidence reported to the House