← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Preet Kaur Gill

MP for Birmingham Edgbaston · Labour (Co-op) · United Kingdom

IN THEIR OWN WORDS

Gentleman will understand that this is an independent process, and it is not for the Government to comment on, nor intervene in, individual applications. I am aware that the right hon. Gentleman has also called for the inquiry to be paused or suspended while the CCRC is reviewing Miss Letby’s application.

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

The hon. Member makes some important, valid points. Of course, the Countess of Chester hospital will want to know the outcome of the inquiry. As she rightly says, the CQC has been in and has made lots of recommendations, especially because of the inadequate rating.

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

On top of their grief, they have been subject to a level of press scrutiny that would match anything we have faced as Members of this place. They have been left in limbo, waiting for answers.

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

In addition, we will legislate in this Parliament to enable the Health and Care Professions Council to begin to operate a statutory barring system for senior managers. The mechanism will enable the Health and Care Professions Council to prevent senior NHS leaders whose conduct is unacceptable from working again in senior roles.

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

The inquiry is now in the report-writing stage, and I have every confidence that the chair will consider all the evidence when drawing conclusions and writing her report and recommendations. I do not consider that there is a case to either amend or expand the terms of reference, based on the information currently available.

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

In March 2025, the chair refused the application and set out her reasons in detail. For transparency, that has been made available online. In her judgment, the chair considered, among other things, the question of fairness, and she was satisfied that the inquiry process had been fair and would not become unfair because there is a possibil…

THIRLWALL INQUIRY TERMS OF REFERENCE · 2026-07-16 · READ IN HANSARD

The complete record

Every one of 601 lines we hold for Preet Kaur Gill, in date order, each linked to its source. Free to read, in full, without an account. Page 11 of 13.

  1. I would be grateful if the Minister outlined whether it is her firm view—she has alluded to it—that vapes should be kept behind the counter, or whether display should be prohibited entirely, which seems to be what the Government have looked at in their impact assessment. Alternatively, does she feel that further consultation is necessary? I would also like to raise other questions about the potential for such regulations to be undermined. Clause 34 of the Bill provides an interpretation of terms used in part 1 of the Bill, but it does not define “retailer”. I therefore wonder whether other forms of display for sale would be caught under the powers as drafted here. I am thinking of vape vending machines, which are not in widespread use now but could be in the future. Have her officials looked at that issue?

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  2. These are often far away from the tills, where there is little to no oversight by staff. I was told that where children once shoplifted sweets, they are now going straight for these products. One worries that the vape companies are almost happy to lose them, if they can get a new customer addicted who they know will come back for more. None the less, I want to highlight that there appears to be broad support for some restrictions on the display of vapes among retailers. I note that in the Action on Smoking and Health survey of retailers in England and Wales, 80% of tobacco retailers supported prohibiting advertising and promotion of vapes or vaping products in store, and requiring them to be put behind the counter; only 12% were opposed.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  3. We welcome the inclusion of these powers to regulate the display of nicotine and vaping products in retail settings. All of us have seen what has been happening in some shops: as the Minister said, colourful products that look like confectionery kept next to the pick ’n’ mix at pocket money prices. I appreciate that some in the sector have concerns that regulations on point-of-sale displays need to be balanced in respect of their impact on retailers, given existing restrictions on products like tobacco and some of the associated costs. In my view, however, there is no argument against the inclusion of the powers themselves. I heard from a retail worker at a major supermarket chain that they are paid by the vaping companies to put displays of vapes in prominent locations in their stores.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  4. I am foregrounding one of my amendments to a later clause, but I am of the view that the proposed fixed penalty notice powers will be a more effective mechanism to enforce compliance on age of sale, particularly given the clause on use of proceeds, if we do not have strong reassurances that trading standards will get the necessary resources from central Government. We strongly welcome any measure that will aid authorities in cracking down on the sale of tobacco, vapes and nicotine products to children. However, I urge the Minister to look again at whether the new regulations will be coupled with the enforcement action needed on the ground. Without it, they will not achieve what we need them to, and more young people will fall prey to addiction.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  5. My understanding is that of the money that the Government have announced for enforcement, only £10 million will go to trading standards. Will the Minister confirm whether that is correct? At the same time, the Chartered Trading Standards Institute is warning that its profession is in jeopardy because of a lack of investment. Its funding has been cut by 50% over the past decade, and it estimates that around the UK as much as half the workforce is set to retire over the next decade. Has the Minister heard any of those concerns? What conversations has she had with colleagues and other Departments about staff retention and investment?

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  6. There is nothing to say that local teams must conduct any enforcement action within a two-year period on the matter, even if they receive complaints, and many trading standards teams are woefully under-resourced. Therefore, the requirement for the powers to be used for “persistent” offences, meaning at least two breaches within a two-year period, suggests to me that the orders will be very seldom used. That is not to mention the question of how the orders would be enforced once granted by a magistrates court, or indeed the backlogs before that. Can the Minister say how many times restricted premises orders have been used in relation to tobacco in recent years, or even in the last decade? We heard from trading standards at the evidence sessions that boots are needed on the ground to make this work.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  7. We support the introduction of restricted premises orders for breach of age of sale laws on nicotine and vaping products in the same way that they already exist for tobacco. A repeat offender should know that there are serious consequences for breaching age of sale legislation, so I strongly support the principle of providing a strong deterrent to any retailers that would break the law. The threat of enforcement action cannot be seen as the cost of doing business. I have a few questions about how the orders work in practice. The Bill introduces a requirement for trading standards authorities to consider whether to conduct a programme of enforcement at least once a year. That is not a strong requirement.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  8. I think she has clarified that the orders are designed to stop repeat offenders being able to simply move around, but can she assure us that local trading standards authorities are sufficiently joined up, and that someone moving between different shops in other local authorities in a retail chain could be picked up? Once again, we support the principle of the clauses, which brings the consequences of breaching age of sale law for vaping and nicotine products into line with the existing laws for tobacco, but I have some concerns about how it will work in practice. I would be grateful if the Minister could address those.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  9. Once again, we support these clauses, which will provide an effective deterrent to those who would sell addictive products to children and ensure that repeat offenders have that freedom taken away. I echo my comments on restricted premises orders: the success of the policy will depend on effective enforcement. May I ask the Minister why the Government have not provided similar powers to add to the list of relevant offences for which a restricted sale order can be issued, as they have with a restricted premises order? What is the rationale there? Likewise, I am interested in whether the Minister has data on how many of those orders have been issued in relation to tobacco in recent years.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  10. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill. Clause 19 Enforcement by local weights and measures authorities Question proposed , That the clause stand part of the Bill.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  11. As with previous clauses, we support clause 18. It would not be right if someone working in a local shop could receive orders from a higher authority in their organisation to breach the regulations, but only that person or premises could be proceeded against, not the company or the director, manager or senior person who may ultimately be responsible. There are already a number of situations in our law where, if an offence is committed by a company and it is proven to have been committed with the consent or connivance of a director, manager or senior person, that person is also guilty of the offence. I am satisfied that the clause is an appropriate application of that mechanism, as it refers to the persistent breach of regulations, and therefore would indicate a systemic problem. We support its inclusion in the Bill.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  12. What assessment have the Government made of authorities’ capacity to absorb these new responsibilities with the resources allocated?

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  13. However, I am glad it at least sets out something of the Minister’s expectations, and we acknowledge that different local authorities face different local challenges. We do not want to be overly prescriptive in what we set in law. The issue therefore comes down to resources, so can the Minister tell us what has been the result of Operation Joseph and whether it will be continuing? I note that it received £3 million in funding last year, but the timeframe in which that was scheduled to be delivered was unclear. Can the Minister clear that up? The Chartered Trading Standards Institute estimates that one in three vapes on British shelves may be illicit, which suggests that local authorities are struggling to fully get to grips with existing enforcement priorities, as we add new ones.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  14. Trading standards officers are experts in this area. They know what they are looking for in retail settings, they are experts in the legislation they have to enforce, and they do an important job in difficult circumstances. As we heard in evidence, trading standards officers enforce dozens of regulations, but in many local authorities there are barely one or two officers to do the job. As we consider the new regulations that we give to them to enforce, it is important that we make sure they get the support they need to do the job. As I mentioned, I have some concerns about clause 20, in that it provides a relatively weak basis on which to compel a programme of enforcement to be carried out.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  15. Could she also confirm whether she plans to devote additional resources to national trading standards as part of her plans to deal with the rapid growth of the illicit market in vapes in recent years, including unsafe products with illegal nicotine strengths and so on? Given the widespread appearance of some illicit products on the shelves of shops and the co-ordination work that will need to be undertaken with the likes of Border Force to stop such illicit products getting into the country, in what scenario would the Minister consider it appropriate for the national authorities to lead on certain priorities instead of local teams? We know that local trading standards officers are often intelligence-led, whereas national authorities have greater resources at their disposal. How is that work co-ordinated, and can we do it better?

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  16. Such criminal networks often span large areas, crossing local authority lines, and in theory it could be useful for national Government to intervene in large cases that extend beyond the jurisdiction of a single local authority. We hope that the work of trading standards officers is sufficiently joined up with the work of officers in other local authorities and the work of national agencies such as the MHRA and Border Force, but the point remains that national authorities should be able to step in if required. Nevertheless, I would be grateful if the Minister could for the record expand on how she would expect to utilise the powers in clause 22 and in what scenario she would consider that necessary.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  17. Let me start by saying that I support these two clauses being added to the Bill, providing the Secretary of State with powers to take over enforcement functions from local authorities or to take legal proceedings in court instead of a local enforcement authority. The rationale for these additions is, first, to ensure that where local authorities are unwilling or unable to take enforcement action, the Government themselves can intervene to speed that work up and get it done. That can only be a useful backstop, although it does underline the important points that I and other colleagues have raised about local authorities having appropriate resources to discharge their responsibilities in the first instance. Secondly, as we heard in evidence, there is the matter of illicit tobacco, and often vapes too, being linked to organised crime.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  18. I urge other Committee members to support my amendment in order to strengthen enforcement and provide a proper deterrent to rogue retailers that choose to sell addictive and dangerous products to children.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  19. In the Government’s consultation, £200 was also the most popular response—three times as many respondents supported £200 over £100. The other reason why my amendment is important is that the penalties from fixed penalty notices can be retained by the local authority. I have raised my concerns, as others have, about the decline of local trading standards, and the amendment would increase the funds they have available to enforce other aspects of the Bill, including regulations yet to be made under it. All of that comes with a cost, and anything that we can do to give local authorities the tools they need to enforce the regulations, the better. I note that clause 26 would provide the power to amend the level of the fixed penalty notice by way of regulations, so the issue could be revisited if needed.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  20. I strongly support giving trading standards officers the power to issue on-the-spot fines to retailers doing the wrong thing, but the current level of the fine is too low. My amendment would increase fines to £200, precisely doubling the deterrent in the Bill. Under the Bill as drafted by the Government, offenders can be forced to pay only £50 if they pay off their fixed penalty notice within 14 days, and it is surely too easy for those breaching the law to factor that in as the cost of doing business. Stakeholders including the Association of Convenience Stores and the Local Government Association agree that £100 is too low and that £200 makes logical sense as the level at which to set fines, equalising it with the level for other, similar offences, such as that proposed in the draft regulations for the disposable vapes ban.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  21. The amendment is very simple: it would amend clause 24, which introduces fixed penalty notices for retailers that breach age of sale, proxy purchasing and free distribution restrictions on tobacco, vapes and nicotine products, by doubling the fixed penalty notice from £100 to £200. The need for the amendment is clear. In 2022-23, national trading standards identified that 20% of the 1,000 vape test purchases carried out with retailers resulted in an illegal sale. In 2019-20, 50% of councils that undertook test purchasing reported that cigarettes or tobacco products were sold to under-age people in at least one premises. Despite existing regulations, there is a big and widespread problem, which suggests that the current penalties and fines, which can end up as high as £2,500, are an insufficient deterrent.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  22. I thank the Minister, although of course I am disappointed at her rejecting the arguments that she has heard today. I welcome the suggestion from the hon. Member for Harrow East. I think that that would be a fairly reasonable way forward. Of course, we do not know whether the Minister will make those amendments. The Minister talked about a fixed penalty notice of £100, but actually, that is not true, because people have 14 days and it is reduced to £50. I do not see £50 as a deterrent. I think that if it were £200, for example, and people therefore had to pay £100 within 14 days, that would be more likely to be a deterrent. I would therefore like to press the amendment to a Division. Question put, That the amendment be made.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  23. We support the clause, which introduces schedule 1 to ensure that provisions on age of sale in the 2017 Act align with the new age of sale restrictions that we have discussed. Our colleagues in the Welsh Government have welcomed this Bill and pledged to work jointly with the Westminster Government to take collective action to tackle the harms caused by smoking and youth vaping across the United Kingdom. Wherever practicable, we support consistency of the law across all four nations, which will greatly aid public understanding and acceptability, support consistent enforcement and ensure that there is a level regulatory playing field for us to work towards a smoke-free future. Question put and agreed to . Clause 27 accordingly ordered to stand part of the Bill . Schedule 1 agreed to . Ordered, That further consideration be now adjourned.

    TOBACCO AND VAPES BILL (SIXTH SITTING) · 2024-05-09 · READ IN HANSARD

  24. Everyone should have access to a bus route that takes them where they want to go, and they should not have to limit their life choices based on where they live.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  25. Across the country, thousands of services have been axed since 2010. In the west midlands region, the total length of our bus routes has dropped by over 30% since 2010. Since 2021 alone, when the Government announced their bus revolution, over 2,000 routes have disappeared across England. I want to wish the outgoing Mayor of the west midlands well in whatever he does next, and I thank him for his support and for working with me. However, I must say that I have been underwhelmed by his record on transport; I am thinking not only of his public spat with the Prime Minister on HS2. While our economy is 24/7, our public transport system in the west midlands simply is not. The people of the west midlands voted for change this week, and with Richard Parker I am confident that they will get it.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  26. As I have argued many times before, poor bus services are one of the key reasons why Birmingham underperforms in productivity when compared to similar-sized cities in Europe. I have received complaints about buses from many of my constituents; whether they are looking for work, meeting with family, or simply want a day or night out in the city, the public transport is not there to connect them. In my time as the MP for Birmingham, Edgbaston, I have lost count of the times that routes on which my constituents rely have been reduced or axed altogether. I also use buses to get around, so I have first-hand experience of that. The directors of National Express West Midlands and Diamond Bus are probably fed up with my letters, but as we are hearing, it is not just us in Birmingham, Edgbaston.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  27. It is a pleasure, Mr Henderson, to serve under your chairmanship. I congratulate the hon. Member for Redditch (Rachel Maclean), or Redditch and the villages, on securing this debate on transport in the west midlands. I will speak today about buses. In the past year, trains have undoubtedly dominated headlines in my region after the bungled scrapping of HS2. Buses might not be as glamorous as trains and might not justify expensive taxpayer-funded trips to Japan for the Transport Secretary, but for many of my constituents buses are the lifeblood of the community. They are indispensable for connecting people to jobs, opportunities, education, public services, and friends and family. They also disproportionately serve the more deprived in our society; half of the poorest fifth of families do not own a car.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  28. Labour’s plan to bring buses back into public control could create and save up to 1,300 vital bus routes and allow 250 million more passenger journeys per year. In the west midlands region, that would amount to nearly 160 bus routes created or saved, and 40 million more passenger journeys. I am delighted that we have a west midlands Mayor who wants to match my constituents’ ambition. I hope that soon enough we will have the opportunity to vote for a Government who back him to do that, too.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  29. Will the Minister join me in congratulating Richard Parker on his victory last week, and can he say whether he will support him in his plans to take buses back into public control? Can the Minister promise that he will not face the same six-year slog that Andy Burnham had to put up with in Greater Manchester due to the unnecessary barriers imposed by central Government? Voters have seen what they get under a Conservative-run Government: paying more while getting less—whether that is 14 years and £16 billion wasted on HS2 before scrapping it anyway, or whether it is Avanti West Coast’s executives bragging about free money from the Government while cutting routes and running the worst-performing rail line in the country.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  30. I thank my hon. Friend for that intervention. Clearly, that is something I have expressed already in working with Andy Street when it came to the cuts to a viability assessment taking place in my constituency, which would have a Sprint network, for example. A lot of the finances from central Government and the delays directly impacted what he could deliver in the region and clearly what the next Mayor will be able to. Richard Parker’s plans are to bring the bus network into public control, allowing us to design routes that people need and making buses more affordable, more reliant, more frequent, greener and better connected. Crucially, he has pledged to work with communities to help design a bus network that works for them.

    WEST MIDLANDS: TRANSPORT · 2024-05-08 · READ IN HANSARD

  31. In contrast to medical products, we do not do a full assessment of the safety, quality and efficacy of those products, nor would we undertake a consideration of whether the benefits of those are outweighed by the risks. Our competent authority role does not include the testing of those products either.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  32. The MHRA is the competent authority for the notification scheme for e-cigarettes and refill containers, and that covers Great Britain and Northern Ireland. The e-cigarettes covered by the Bill and by the notification scheme are not medical products, and that is very important. It means they are not entitled to make medical claims, so we do not test them for that. The role in consumer products and the notification scheme is given to us by the Department of Health and Social Care and it derives from the UK’s Tobacco and Related Products Regulations 2016, which were designed to put in place some product standards for e-cigarettes such as nicotine strength, the size of the tank and so on. The checks we undertake for that are really just to make sure that the data fields have been completed, and that a fee has been paid for those products.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  33. That was restated very clearly in the recent report by the Royal College of Physicians, which advocates cigarettes being offered as part of a treatment pathway by the NHS. Treating those products as medical products and licensing them would enable that. For that reason, we continue to encourage manufacturers to come forward to us to seek licensing as a medical product. Quite recently—a couple of years ago—we put out some really detailed guidance, because we recognise that not all manufacturers of e-cigarettes would be particularly familiar with the Human Medicines Regulations, so there is specific guidance out there at the moment. The Bill does not change any of that; we would continue doing the same thing. The second role is our role on vapes as consumer products, which as I have said is different.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  34. We always say that no medicines are entirely without risk, and the question that we ask ourselves as regulators is, are the risks outweighed by the benefits of that product for the patient who is using it? This is done by the examination of evidence provided by the manufacturer of the quality, safety and efficacy of that product. We have mentioned earlier this afternoon the possibility of licensing e-cigarettes. There was one product licensed in 2015, which was an electronic nicotine inhaler. It was never marketed in the UK. The evidence is really clear—and a lot of people have said it—that e-cigarettes are less harmful to health than tobacco, and that nicotine-containing e-cigarettes can help people stop smoking for good.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  35. The Human Medicines Regulations 2012 govern that and define what a medical product is, which is essentially a substance used for preventing or treating disease in human beings or diagnosis. MHRA is responsible for regulating medical products; that includes nicotine-containing products that are used in a therapeutic way, and which would help people give up smoking. That would include the licensing of electronic cigarettes that allow the inhalation of nicotine. In addition, where an e-cigarette is in a reusable form, it needs to conform with the UK’s Medical Device Regulations 2002. To explain that a little bit more, as with all medical products, before a medical nicotine-containing product can be marketed in the UK we do a robust assessment of that product.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  36. Q Can you briefly describe the regulatory approach taken by the MHRA regarding vaping products? Will this Bill change anything that you currently do? Dr Squire: Yes, I can. We have three very distinct roles connected with vaping products. The first is in connection with medical products, which we talked about earlier and I can explain a bit more. That is something that might be prescribed for someone to give up smoking. We have a very different role on consumer vapes—the sort of things that you will find in your local vape shop. For all those products, we also have a role in monitoring their safety once they are on the market. I will start with the role for vapes as medical products.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  37. What we are thinking about at the moment is the challenges, particularly with spontaneous reporting, of identifying longer term effects or effects that have a longer lead-in time. That is something our safety and surveillance teams are really thinking about.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  38. Those requirements include reporting to the MHRA. They are much more stringent for the medical products. The MHRA yellow card system is a spontaneous reporting system, which anybody can use to report a problem with a product. In 2016, we extended that to enable people to report on e-cigarettes as well. Our vigilance team, when they get those reports in, look at them all to identify any safety concerns, and if a concern is identified they work with trading standards to enable them to do what they need to do, which is sometimes taking the product off the market. They do not just use the spontaneous reporting; they use other parts of intelligence, including literature review, to take these products off the market.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  39. Dr Squire: Sampling and testing can be done—it is done by trading standards—but you are quite right that that is not before it goes on the market. I think at the moment it is difficult for me to say what the Bill should or should not be. The policy sits with the Department of Health and Social Care, and as we work through the process of consultation and putting the regulations in place, we will continue to work closely with them on what that means for the notification scheme and our role in it. I was going to talk about our post-market surveillance role, which covers everything. There are requirements for manufacturers of both medical and consumer e-cigarettes regarding post-market surveillance; they have to ensure the safety and quality of their products when they are being used in the intended way.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  40. Q Just on that point, the notification scheme is essentially a paper-based process, so anyone sitting in Germany, say, or anywhere in the world, if they want to supply the United Kingdom, simply has to fill out a form, send you a notification form and pay the fee. No physical products are examined or tested to make sure that they are compliant with what is required before they can be sold. Do you think the MHRA should be given the powers to use the notification fee for more than just the administration of the scheme, and request some sampling and testing of products—of course, not all—before they go on the market? I say that because we have seen the evidence of the increase in illicit vapes and we have heard from trading standards as well on that volume increase.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  41. Q In terms of your notification process as a regulator, of course there is enforcement, with trading standards removing products, but do you have the powers, and have you used your powers, to remove products from that notification process? Dr Squire: At the moment, no; it does not allow us to take things off the register, although I notice in the Bill there is something about exceptions to publication. At the moment we cannot do that, but the exceptions to publication in the Bill—again, this is DHSC legislation rather than ours—look as if they might give an opportunity for that.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  42. Q It seems to me that there needs to be some sort of triangulation between trading standards’ enforcing and removing illicit products from the market and your register. Surely, given your role, you should have the powers to be able to pull that product off the register. Dr Squire: Yes. There is a lot of triangulation and a lot of work with trading standards, and the evidence we have gained through the notification is used to support them to do their enforcement activity. But you are quite right that we cannot take things off the actual notification list at the moment, though the Bill has some exceptions to publication.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  43. Q If a product is not compliant—if it is illicit, illegal and so on—does it stay on your register? What happens? Dr Squire: Nothing happens on the register, but trading standards will take it off the market. Trading standards take that enforcement activity. We provide them with support from an intelligence perspective and with expert input, and with things such as telephone support if they are doing operations, so we do work very closely with them. The key objective, when these products are found, is to get them out of the shops.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  44. Q Does that mean that you communicate with every trading standards department in the country and get them to go out and remove the product? Is that how it is done? Dr Squire: That depends on where it starts. They get their own intelligence as well, so they would lead on enforcement operations. That is their role, not ours, within the UK tobacco products regulations. They do that and they ask for our help to support them, and we will give them intelligence when we do that.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  45. Q How many products that have gone through the notification process have been deemed illicit and have therefore been removed by trading standards? Dr Squire: I think I have some figures about that— can I write to you? I do not have them in front of me, but I think they are quite high numbers. We have about 67,000 on the list at the moment, and quite a high proportion have come off as a result of the activities of trading standards.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  46. But because we are not testing a product before it comes to the market, we are allowing a lot of illicit substances to come in and flood the market. Do you think that companies submit data about their products and say, “Yes, they will meet the regulations,” so that they can get their European community identification, but then actually send to the market products that are potentially illicit and have high nicotine strengths? Dr Squire: Yes, so the product that goes on to the market is not the product that is on the notifications—yes, that does happen. That is why I think it would be helpful to have the exceptions that are coming in through the Bill in order to take some of those products off the market.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  47. Q Do you think those exceptions are strong enough? Dr Squire: What the exceptions are is not defined yet. The ability to make exceptions is in the Bill, but what the exceptions are would be a Department of Health and Social Care policy decision, and we will work with it on the development of those regulations.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  48. If a company provided something that turned out to be non-compliant, provided that what they then send us is compliant, there is no reason why we should stop that. I have tried to bring the contrast between the levels of control that we have on medical e-cigarettes and the levels of control that we have on notification. The notification scheme is just that and was designed as just that. The MHRA does with it what we are required to do under the tobacco rules, and that was assigned to us when we left the EU. The strengthening that comes through these regulations—or through the Bill, which will then lead to the regulations—is something that the Department of Health will develop, and we will work with it on that. However, I am not sitting here saying that this is an absolutely robust system that keeps everybody safe.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  49. Q Where you were given the role of being the register in the notification process, it says that the powers can sit with the Secretary of State, and I am just wondering, given that we have a growing number of illicit substances, how that information has been shared with the Secretary of State so that they can utilise those powers. I appreciate that we have in the Bill the opportunity to try to look at whether we should be testing products. I suppose my other question to you is this: what happens if, after a product has been notified, the company decides to send notifications of other products? Is it allowed to do so even though it has already supplied illicit substances? Dr Squire: There is illicit and there is non-compliant—those are two different things.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD

  50. Some 33% of products contained more than 20 mg/ml of nicotine, so over the legal limit for nicotine, but 19% of products that were marketed as being nicotine-free contained nicotine, generally at the full maximum strength for the UK. Overall, 78% of products tested were deemed to be illegal in accordance with TRPR 2016.

    TOBACCO AND VAPES BILL (FOURTH SITTING) · 2024-05-01 · READ IN HANSARD