‘Sword of Damocles’ driving vape changes, says Cancer Research chairman

A “sword of Damocles” is driving change in the smoking and vaping sector, Cancer Research UK’s chairman has said as he backed Government plans for a smoke-free generation.

Lord Stevens of Birmingham warned that there is “no health benefit” if vape users become hooked on nicotine, when they have not previously smoked.

The independent crossbench peer said it was “right that there is flexibility” in the Tobacco and Vapes Bill, which would give ministers the power to set rules about the look, shape, size and texture of tobacco, nicotine and e-cigarette product packaging.

Health minister Baroness Merron had earlier said at the despatch box that the draft legislation is a “key component” of a “shift from treatment to prevention” in healthcare.

But Conservative former health minister Earl Howe said that while there are some products such as nicotine pouches that “should see greater regulation”, the Bill leaves ministers with “extensive powers” with limited parliamentary oversight.

Lord Stevens told the upper chamber that on vape regulations, “there is a balance to be struck”.

He said: “It is absolutely correct that the scientific consensus at the moment is that smokers switching to vaping will reduce the threats to their health, but it is equally well scientific consensus that there is no health benefit from taking up nicotine addiction if you have not previously been a smoker.

“And that is why it is right that there is flexibility in this Bill.”

Lord Stevens held up Pokemon cards and a vape packet in the chamber as he said: “As I came into Parliament this afternoon, I stopped at a newsagent.

“I know visual aids aren’t allowed, but next to one of these newsagents, the Pokemon cards with the cartoons, here was the vape – with the little cartoon character as well of a vampire – at kids’ eye-height, being sold right around this building – or near to this building, I should say.

“So fundamentally, the idea that the industry has changed its spots is untrue.

“There has been no Damascene conversion, it is the sword of Damocles that is producing the change. This Bill deserves our support.”

Baroness Merron had earlier described regulation-making powers as “enabling the Government to set appropriate product standards to protect consumers”.

In addition to powers to set rules about product packaging, the Bill would give ministers powers to designate “any place in England that is a workplace or is open to the public” as smoke-free.

The minister said: “In England, the Government will consult on banning smoking outside locations frequented by children and vulnerable people, such as schools, hospitals and playgrounds, but not outdoor hospitality or wider open spaces, whilst private outdoor spaces are out of scope of the powers in the Bill.”

Earl Howe told peers that the draft legislation featured “no fewer than 66” delegated powers, which ministers can develop once the law is passed.

“We don’t know how these extensive powers will be exercised,” he said.

“What does the Government have in mind? Why can’t we see some specific proposals on the face of the Bill?”

Liberal Democrat former minister Baroness Northover said: “We have to do our best to ensure that this Bill is as watertight as possible, given the industry’s inventiveness, and so I understand why the Government has sought flexibility given the history of foot-dragging in every instance of tobacco control.”

Lord Stevens said: “Fundamentally, the tobacco industry has a structural problem which is that it kills 80,000 of its most loyal customers every year and therefore annually has to restock to keep its coffers full – those people who are now sadly in their coffins.

“And the point of this Bill is fundamentally to do something about it.”

The Bill proposes a ban on tobacco sales to people born on or after January 1 2009 – who are turning 16 this year.

Lord Stevens said: “‘Why not instead just raise the age of legal sale to, say, 25?’

“Well, if you just do the maths, for the next nine years, we’re going to be on that journey anyway, so between now and 2034, that will give us ample time to see whether the measures in this Bill are working as intended.

“And then there are the crocodile tears of, ‘oh but, this is going to be bad for the Treasury because of all the tobacco excise duties which are foregone’.

“Well, if that is your argument, then have the courage of your convictions and go into bat for the Government promoting smoking then as a way of boosting the coffers of the Treasury.”