🚬🚫🏛️ Tobacco and Vapes Bill (Eighth sitting)

Public Bill Committees

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The Tobacco and Vapes Bill’s eighth session primarily focused on the mechanisms for enforcing tobacco and vape sales regulations through the issuance of fixed penalty notices (FPNs) and the broader implications for public health. Discussions highlighted the use of powers by local weights and measures authorities to issue FPNs for offenses like selling tobacco or vape products to minors, with fines set at a level intended to deter while providing an alternative to court prosecution. The session also addressed concerns about the discretionary nature of penalties, the need for clear guidance on enforcement, and the potential for misuse of ministerial powers in individual cases, with an emphasis on ensuring proportionality and consistency in enforcement actions.

Summary

  • Restricted Premises Orders: These are proposed for shops where under-age sales of tobacco, vapes, nicotine, or selling from vending machines occur repeatedly. They can be suspended for up to one year:
    • Concerns were raised about including online sales collected in-store.
    • There was a question regarding whether different offences on different occasions would qualify as persistent offending.
    • Clarifications were needed on how these orders affect tenants and landlords, particularly concerning whether a new tenant or company could circumvent the restrictions.
  • Fines and Penalties:
    • The Bill proposes an unlimited fine for breaching a restricted premises order, aiming to act as a deterrent.
    • Discussions highlighted the need for clarity on how much typical fines might be and on what constitutes a reasonable defense for employees not informed of the restrictions.

  • Enforcement Authority: Local weights and measures (trading standards) authorities would enforce the regulations on tobacco, vapes, and other nicotine products, using powers from the Consumer Rights Act 2015.

  • Special Provisions for Wales: The Bill allows Welsh Ministers to add to the list of offences for which restricted premises orders can be issued.

  • Questions on Coverage:
    • Addressed was the Bill’s applicability to Scotland, where Scottish Ministers opted out of having their enforcement powers dictated by this legislation.

  • Appeals and Costs: Appeals against issued orders can be made to the Crown Court, but the costs involved are yet to be clarified.

  • Clarity on Clauses: There were requests for more details on certain clauses, including the differentiation in the application of fines between various offences.

  • Public Health Initiatives: An amendment was proposed to redirect funds from fixed penalty notices towards public health projects, but this was not supported due to existing funding structures through the Consolidated Fund.

  • Future-Proofing and Adaptability: The Bill includes powers to adapt to future technologies or changes in identity documents used to verify age for purchasing age-restricted products.

  • Ministerial Oversight: The Bill grants Ministers the power to take over enforcement functions or proceedings in extreme cases where local authorities fail to act appropriately, raising concerns about political interference.

In summary, the session addressed enforcement mechanisms of the Tobacco and Vapes Bill, focusing on ensuring compliance with sales regulations, the proportionality of punishments, and the adaptability of the legislation to future changes in technology and identification methods. There was also attention to the implications of enforcement on different parties, and ensuring fairness through reasonable steps defenses and rights to appeals.

Divisiveness

The parliamentary session transcript exhibits notable disagreement and engaged discussion, though it is not excessively contentious. Members posed challenging questions regarding clauses and amendments, and there are clearly divergent perspectives on specifics of legislative procedure. Amendments were debated and considered thoughtfully, reflecting differing viewpoints on policy intention and practical implications. However, the overall tone remains formal and focused on the legislative process, rather than engaging in personal disagreements or highly divisive discourse. The level of disagreement displayed is moderate, hence the rating of 3.