Sarah Bool
MP for South Northamptonshire · Conservative · United Kingdom
“Greatworth in my constituency is a beautiful village, yet it is beset with problems. Not only is peak High Speed 2 construction going on, causing road closures, but the village is having inordinate issues with Anglian Water.”
“Silverstone put Northamptonshire on the map this week with the best attended grand prix ever: 564,000 people visited over three days, which is amazing. The next date I want Members to put in their diaries is the Blakesley Show on 1 August. In its 141st year, it is the perfect opportunity for locals to celebrate our farming community.”
“My constituent Guy Smith runs Sky Birds Sales, which successfully imports budgies. The Animal and Plant Health Agency has drastically changed its approach to batch testing, which is devastating his business. Will one of the Ministers meet me and my constituent to discuss this issue?”
“My apologies, Mr Speaker; my voice is going—it has nothing to do with England on Monday. These large solar schemes will need battery energy storage systems, but there are growing concerns about the safety of these systems.”
“On the issue of support for businesses, Brackley Antique Cellar is a unique business that has 200 dealers, but business rates are really affecting it. Antique spaces often take on unique properties, and business rates are really hurting them. Will the Minister reconsider the business rates for businesses such as Brackley Antique Cellar?”
“I think this is an important moment for us to remind all our constituents to check their insurance policies and make sure that they have sufficient cover, but on a practical note, may I ask whether the Minister expects the flood protection certificates to have the same status as energy performance certificates?”
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“Friend compellingly said, there are no health benefits to such filters being used—which I had not appreciated. One would assume that those filters would have helped, but it is interesting that they do not. I note that the UN General Assembly is also advocating for a ban on filters, particularly given their plastic content.”
“I thank my hon. Friend for her explanation. I did not know that it was cork that gave the colouring, so that is another benefit of her history lesson. We are aware that the previous Conservative Government took strong action to try to remove plastics in the environment. We introduced the UK-wide prohibition on the use of plastic microbeads in the manufacture of some cosmetic and personal care products, such as face scrubs, toothpastes and shower gels, where the little beads could wash into the sea. That was one of the reasons why those beads were banned. It is therefore an interesting argument to make that we should ban cigarette filters with their plastic content, because we do not want further pollution of our beautiful natural environment. The World Health Organisation has advocated for banning those filters. As my hon.”
“I agree. That is a good conclusion to have worked through, which we perhaps had not had the opportunity to turn our attention to. I would like to see a provision of this nature. I am intrigued, as my hon. Friend said, by why the Minister has not included filters in the outright initial ban. That should be considered, perhaps on Report. As a general principle, we need to look after our natural environment. A ban on the plastic contained in cigarette filters would surely be a sensible move. As my hon. Friend has said, however, the filters do not achieve what anyone was hoping and do not make smoking safer. I therefore think we must have further discussion. Will the Minister give a little more explanation on some of the rationale and whether the measure can be included in the Bill?”
“I do not think that that is acceptable, especially when some of these pouches are of a strength of up to 100 mg, as the shadow Minister mentioned. Like the shadow Minister, I ask whether the Minister has any thoughts about whether the cap should be reduced further, because 20 mg may not be the right number. Given that the impact of long-term use of these pouches, which I happened to raise with the Member I saw taking one, includes mouth sores, gum irritation and oral cancer, I think we probably need a further discussion about them. I welcome any comments that the Minister may have.”
“I find high-strength nicotine pouches incredibly concerning, as I had not been aware of their existence. There is a Member of the House who happens to use them; I had simply thought that that hon. Member was partaking of mints, but that is clearly is not the case. This is an interesting area. As the shadow Minister has noted, pouches are discreet. When they are aimed at children, it is hard for parents to know what their children are taking, so they are particularly pernicious in their effect. Many hon. Members will know that I often go back to social media. Apparently one of the main brands is called Zyn and is now trying to promote the trending of “Zynfluencers” via Instagram. The aim is to appeal to the younger generation.”
“If a GSB would indeed contravene TPD2, it is relatively clear, from a series of decisions of the Northern Ireland courts applying the Windsor Framework, that TPD2 would have direct effect so as to override the GSB, pursuant to section 7A of the European Union Withdrawal Act 2018.” I appreciate that that is heavy legalese, but it is important to stress Mr Coppel’s point. I do not feel that I had a sufficient answer from the Minister last time, so I would appreciate it if he could confirm that that has been considered.”
“It is equivalent in effect to an absolute ban on the sale of tobacco products, but a ban which is introduced very slowly, with an extent which increases day by day. If that analysis is correct then cl 68-69 of the Bill, if enacted, would likely contravene TPD2 regardless of whether they can be established by the Government to be a proportionate restriction in the interests of public health. It is reasonable to infer that the positions adopted by the Danish and Irish Governments were dictated by arguments along these lines.”
“However, TPD2 does not seek to harmonise domestics sales arrangements for these products and positively encourages Member States to introduce age limits on their sale (recitals (21) and (48)). The key issue is therefore whether a GSB”— a generational sales ban— “would be a selling arrangement or age limit which is compatible with TPD2 or a gradual prohibition on the placing on the market of tobacco and other products which meet the product requirements of TPD2, which would likely be incompatible with TPD2. There are, on any view, powerful arguments in favour of the latter view. The age limits referred to in TPD2 were limits on the sale of tobacco products to minors, not to adults. Unlike an age limit, the intention and effect of a GSB is to phase out the use of tobacco products entirely.”
“I want to build on the shadow Minister’s point, because I raised that concern in one of the previous sittings. I want to refer to the words of the King’s counsel, Jason Coppel, of 11KBW chambers, in relation to this point. In an article published online, he notes that TPD2, the tobacco products directive, “lays down various requirements concerning matters such as ingredients, emission levels and packaging which must be satisfied by tobacco products, vapes and other smoking products if they are to be marketed within the EU. Member States are not permitted to prohibit or restrict the placing on the market of products which satisfy these requirements (article 24(1)).”
“Our small businesses are the lifeblood of our high street and often give young students their first opportunity for a job on a Saturday or in the holidays. However, one of my local small business owners says that she can no longer afford such roles because of the increase in employer national insurance contributions and changes to business rates, among other things. What will the Government do to support our young people into jobs when small businesses are left in that awful position?”
“Scientists at the University of Glasgow found last month that avian influenza can spread to horses without any symptoms. Will the Minister clarify how the Government are monitoring the spread of the virus among other species?”
“Taking on board what you said, Mr Pritchard, I just want to build on the point that my hon. Friend made about enforcement—I always talk about enforcement in practice. I want to know how rules will be advertised between different jurisdictions. I think we will end up spending an inordinate amount of money on trying to run a campaign that could have been better spent on helping with smoking cessation or on more practical measures.”
“I absolutely agree, and my hon. Friend makes a powerful point. I would like us to consider this issue when we look at whether to take these proposals any further. I cannot see how we can ensure in practice that everyone knows what is happening without there being a national campaign.”
“I thank the hon. Member for clarifying that point. Many Members would prefer that local councils were dealing with potholes rather than advertising those different spaces, but I thank him for his amendment and his proposal.”
“What ends up happening as a result of all these provisions is that the smokers will just be forced down the road away from the property, but that has not really addressed the issue. We have just pushed the problem a few metres away. We need to think in the round about how we best achieve our aim, how we deal with addiction, and how we clean up the hospital environment in a balanced and proportionate way. Perhaps the Minister has some other ideas, but I do not like the idea of just pushing some smokers down the road, rather than dealing with the issue at hand.”
“One of the bigger concerns is that if people are not able to smoke—perhaps in a pub garden—it will force them into their homes, where they are actually more likely to drink and smoke more because they are not within that limited capacity of being out in public. We have to think about what the dangers are. Are we actually forcing people to take up worse habits in their private residence than if we allow them a little bit of flexibility in an open space? I have a question about NHS properties generally. I appreciate that we want smoke-free places and that one wants to go into hospital and walk past people smoking, but I worry about those who have an addiction. Where do they go if they need to smoke, as they would if they are going through a process of cessation?”
“I respect the points made by the hon. Member for Cardiff West, because I understand that we do not want any unintended consequences. However, I would counter that by saying that although we perhaps need better definitions—that may be something we can consider—clause 136, as drafted, is incredibly wide, and any of the assurances that have been given to hospitality are merely words. There is absolutely no carve-out for the hospitality sector as this stands. As much as I think the Minister is honourable in his intentions, unfortunately, we all know that we can go only on the law in front of us in black and white, and there is currently no security for the hospitality sector in this regard. We need to be incredibly clear about this with the hospitality sector, and we need the exclusion.”
“We are binding the hands of future generations and telling them that they cannot smoke and cannot vape—that right has gone—and then, on the other hand, we are saying, “I cannot bind the hands of my future successors”. We need reassurance and clarity for hospitality, and that is not in the Bill.”
“I take the Minister’s point, but there is only a requirement to consult, so actually, completely unlimited powers have been given to make this change. We are trying to argue that we want the spaces to be clearly defined. It is important and right that we should come back to Parliament to make a change at a future point, if we want to extend the Bill further. But that will only be consultation, based on the current drafting, and a change could be pushed through regardless. The Labour party says that it is trying to support and back hospitality, so making this absolutely clear on the face of the Bill at this point will give hospitality the reassurance that it needs. I cannot see why there is any objection to more clarity, rather than overarching and wide powers.”
“To follow on from what the shadow Minister said, the Minister said that performers who smoke during performances would not be a problem because the second-hand passive smoking would not be big enough of an issue. But why can a cigarette be smoked as part of a performance, yet a cigar cannot be smoked once a year by a single person? Why is smoking allowed for this artistic purpose, yet it is not allowed for someone who would like to smoke a cigar recreationally?”
“I concur. Cancer Research UK followed a similar argument in written evidence to the Committee: “It is important that any measures to restrict vaping do not exacerbate harm misperceptions, and do not deter or reduce accessibility of people who smoke from quitting with the use of e-cigarettes.” I put it on the record that I very much agree with my hon. Friend.”
“It is a pleasure to serve under your chairmanship, Sir Roger. I just want to go through something again. Obviously, the purpose of part 6 of the Bill is to establish the rules about advertising, which I completely understand. It sets out that it is an offence for a person in the course of business to publish an advertisement, to promote products, to design advertisements, to print an advertisement, to distribute an advertisement, to cause publication, design, printing or distribution in the UK, or to provide an internet service by means of which an advertisement is published or distributed.”
“That is a very interesting point, and it goes to the heart of commercial contracts. Money talks and money is very powerful, but we must be careful about that when establishing these rules, because the legal system will always find a way to argue. I can imagine some big cases being brought in relation to this if we are not careful.”
“Generally, it is important that we tackle and take on seriously the role of sponsorship. I do not think that I am alone in recalling the impact of Pepsi and its sponsorship of the Spice Girls when I was young. Its campaign aimed at Generation X had 92 million cans with the Spice Girls on them, which obviously had a big impact. I will be honest and say that I loved the Spice Girls, but seeing anything like that has a massive impact when we are children, so tackling it is absolutely right. Pepsi sponsors the National Football League, Coca-Cola sponsors the Olympics and I think Carlsberg has always sponsored Liverpool FC, so we can see that brand alignment.”
“I will make two points. First, I understand where my h F the shadow Minister is coming from in terms of the questions about enforceability and when these things come into effect. Clause 124(1)(a) states that for tobacco products: “A person commits an offence if…the person is party to an agreement (entered into at any time),” which will obviously be consistent; but clause 125(1)(a) states that a person commits an offence only if “the person is party to an agreement entered into on or after the day on which this section comes into force”. I can see the point that the Minister is making. Will we see a rush of sponsorship agreements on vaping coming in in the next few weeks before we get this Bill on the statute book? That is a legitimate question to raise, and we should all be aware of that possibility.”
“That is a possibility. It always depends on the terms of the contract itself, but in theory they could agree a 10 or 15-year contract and sponsorship deal. It is interesting that this could be one of the overhangs that we see, so we have to be aware of it going forward.”
“We suddenly have a position where, potentially, the sponsors themselves are not guilty of an offence while the actual designers, and those who are publishing the sponsorship material, are. That is an interesting nuance.”
“This is just off the top of my head, but on a technical point about clause 125(1), in terms of vape sponsorship, a person will be guilty of an offence only after the provision comes into force. I appreciate that there is the two months, but they also have the window of time while the Bill goes through Parliament, so they potentially have a couple more months for that. I do wonder about how this is going to work in practice, because, in theory, a company that is offering sponsorship—if they enter into that agreement now—will not be in trouble for the next couple of years for doing that, yet under preceding clauses anyone who designed or printed material for any of those sponsorship deals would be guilty of an offence.”
“I understand that two-month period, but does it also apply to the earlier provisions on the creation of offences relating to publication? If we had some alignment there, neither party could potentially be in breach. That is merely a technical point, however. The other point—perhaps for when the Minister goes back to the Department—is about force majeure, which the hon. Member for Cardiff West mentioned and which I would like more investigation into. Force majeure concerns acts of God, or something unexpected. I think lawyers would argue that a Government Bill was expected and foreseen, so there would have to be some other form of break clause or right. This debate is getting far too technical for this forum, but it is perhaps something that the Minister can take away.”
“It is home to the exquisite memorial to Sir Christopher Yelverton, who died in 1612. Sir Christopher was returned as the MP for Brackley in 1563, was then the MP for Northampton and, on 24 October 1597, he was elected as Speaker of the House of Commons. The church is also home to captivating architecture, glorious furnishings, other magnificent memorials and stained glass. We would be at a loss if we did not offer all the support needed to allow such buildings, and all the succour that they provide, to continue.”
“The oldest parts of the church itself are Norman, from around 1100 AD, and they play an important role in the charitable organisation—for example, hosting the Mother’s Union, which meets monthly on a Thursday afternoon in the church hall. Talking about charity and voluntary activity, I am very proud of the support that the Tove Benefice in Towcester, which can be accessed via the grade I listed St Lawrence’s church, has provided to Ukraine. That charitable work has been led by Steve, the husband of the Reverend Paula Challen. They have collected in the church literally tonnes of aid and transported it to Ukraine on numerous journeys. I have so much respect for their support and continued dedication. Finally, another example of a treasured asset, which is rather closer to home, is St Peter & St Paul church in Easton Maudit.”
“Our churches are listed places of worship; they are treasured assets that really must be preserved. During my degree, I loved studying the role of our church; I even read Bede’s “Ecclesiastical History”, which dates back to 731 AD. As the Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), has noted, our medieval parish churches contain the vast majority of surviving medieval artwork in this country, so they really must be preserved. For example, St Peter’s church in Brackley, which is in my constituency, is grade I listed. It is believed that the site the church is built on has been a place of worship since the 7th century AD.”
“It is obviously easier with the ban on smoking at the moment—you do or you do not—but it will be interesting to see how we apply it to the to the Doorkeepers going forward.”
“It is a pleasure to serve under your chairmanship, Sir Roger. I was interested by a point that my hon. Friend raised, particularly about the snuffbox inside the House of Commons itself. I think the Minister previously made the point that although the rules technically do not apply because this is a royal palace, we do apply them by convention—so there is now no smoking in the Smoking Room. However, it raises an interesting point in terms of enforcement, if they were to ban snuff in the future, about whether the Doorkeepers would be expected to be doing their ID checks as Members go through in many years’ time. I was just intrigued about the point about how we are going to apply it here.”
“In its view, if the UK Government change the packaging of vapes through the powers in the Bill, that will go a long way to reducing the appeal of vapes overall, and therefore they might not need to go as far when restricting the display itself. It argued that the balance would help to ensure that vapes are still visible and accessible to adults who wish to use them to quit. It would also create a differential from tobacco, so that vapes would be behind the counter with less appealing packaging, but still visible to adults who smoke and want to quit.”
“Cancer Research UK said that more evidence is needed to determine which colours would reduce the appeal for young people, but it is important that in doing so, we do not reduce access to vapes for adults who use them to quit smoking. It said that it wants to avoid worsening misperceptions that vapes are as harmful as, or more harmful than, tobacco, so it would make sense to choose a neutral colour for vaping packs rather than the same drab green colour of tobacco packs. The organisation went on to talk about displays, which was a point raised earlier, but it is also interesting in this wider piece. Cancer Research UK said that, to make vapes less appealing to young people, they could be behind the counter but still on display.”
“It is a pleasure to serve under your chairmanship, Mr Dowd. I will focus on two main points from two different organisations. The first point, which builds on the points made by my hon. Friends, was made by Cancer Research UK when discussing packaging for vapes. The organisation is obviously in support of placing some restrictions on packaging to reduce youth vaping, but it believes that the right balance must be struck between dissuasive and neutral packaging. Interestingly, it said that it does not believe that vape packaging should be made to resemble tobacco packaging in order to reduce worsening harm misperceptions, which builds on the point made by my hon. Friend the Member for Windsor.”
“An example of this includes the Tobacco and Related Products Regulations 2016 where there is an offence to produce as well as supply product in breach of regulations.” Finally, it adds: “Health messaging should be on the outside of all tobacco, nicotine and vape products.” My final question to the Minister is: have he and his Department turned their mind to inserts, what they might contain, and the role they could play in future?”
“It also says it is essential to set a date for suppliers for when packaging must appear on the UK market and that the penalties on manufacturers for non-compliance should be set out. The partnership also said: “The Government will need to liaise with Trading Standards in order to ensure that the appropriate offence, or offences, are included in regulations on pack inserts. We would recommend an offence is included which relates to the sale or supply of a tobacco product without the correct insert, so that Trading Standards can take enforcement action against the person selling.”
“They usually contain positive messages to encourage people to quit—for example, by going into detail about improved breathing within a matter of days of quitting or the 50% reduction in the risk of heart attacks within a year, or by detailing how much money a smoker is likely to save. The North East Public Protection Partnership believes that there should be specific regulations around the inserts and the packaging, setting out the type and size of font, the colour, the layout, and dimensions. It thinks that the specific information to use on packaging should be defined and that the information provided on where to seek more help to quit should also be included.”
“My second point focuses on clause 90(3)(b), which says that provisions may be made about “the information provided on packaging or otherwise supplied with a product”. We had some evidence submitted from the North East Public Protection Partnership, which is a regional partner-ship that brings together chief officers of 12 local authorities in the north-east, representing environmental health, trading standards and licensing services. The partner- ship is in support of the measure, but believes that certain requirements should be put on packaging itself—it thinks that inserts in the packaging should be regulated. I have learnt, as I have not come across them often before, that inserts are used internationally, in Canada and Israel. They are proven to encourage people to give up smoking when they are placed inside the packaging.”
“My hon. Friend makes a very powerful and valid point. I would like the Minister to address how we are going to tackle the issue online. If someone cannot go into a physical shop, going online is the next alternative, and we want to ensure that we protect our young ones as much as possible. I want to highlight one other point from Cancer Research. It said that it is also important that the legislation future-proofs against the use of bright coloured lights or similar displays that could appeal to young people. Again, we need to be careful of that. As has been said, manufacturers are often very good at finding their way around these regulations, so we do not want to make the products attractive in another vein.”
“To build on that point, it is interesting that, often, one of the biggest difficulties for those who smoke and want to stop is missing the physical act of holding a cigarette. It would be interesting to see whether these regulations can take that into account and, while not being aimed at children, aim them in a way that would help people who want to move away from smoking, in terms of the physical side of it. Does my hon. Friend have any further thoughts on that?”
“Etsy is a very good company; it enables small businesses to sell their products, which is admirable and laudable, but I agree with my hon. Friend that it is entirely inappropriate for images of Disney characters to be changed. Sometimes the changes involve putting glasses on them, which is good as that makes young children feel that they are not isolated if they look slightly different. However, it is outrageous to make the characters appear to be using smoking products. I hope that the powers under this regulation will prevent that from happening further.”
“Therefore, the Government may not need to go as far when restricting flavours. We believe that restricting the way flavours are described”— which is the point that my hon. Friend the Member for Farnham and Bordon made— “rather than banning actual flavours could help reduce the appeal to young people with limited negative impact on adults who smoke. At the very least, CRUK believes that mint, menthol and fruit should remain available as there is evidence that these help adults quit smoking.” If we go on the basis that, actually, we should limit the way the flavours are described, perhaps one day we will know what unicorn milk actually tastes like.”
“When taking action on e-cigarette flavours, a balance needs to be struck between dissuading uptake in young people and maintaining an appeal to those who use vapes to quit smoking, so they are not deterred from transitioning away from tobacco”. I think we all agree with that. It further goes on to say: “Although we believe there is currently insufficient evidence to justify banning specific e-liquid flavours, as the evidence base related to the role of flavours in youth and adult vaping increases, powers to regulate flavours will be an important lever for Government to use to reduce youth vaping.” It then says: “It is important that there is a holistic approach to flavours. If the UK Government is changing the packaging and display of vapes…this will go a long way to reduce the appeal of vapes.”
“I want to build on the points my hon. Friends have made. As we have said, clause 92 relates to the flavouring of vapes. In the future, we will have to be incredibly agile in regulating in this area. It clearly needs further investigation, because different bodies are all disagreeing on whether we should limit the number of vapes, the flavours or the range and on what is going on. In the written evidence provided to Members, Cancer Research UK, which the shadow Minister mentioned, made some interesting observations, which I will put on record. It says that: “Current evidence seems to suggest that e-cigarette flavours influence vaping initiation in both young people and adults who smoke. We know that the range of flavours of e-cigarettes are a large part of the appeal for both young people and adults.”
“I think we will really have to look into that as well. I would also like some further clarity from the Minister on clause 92(3) and the clause what regulations the Department is currently thinking about, particularly when it comes to the imports of any of these vaping products. Finally, subsection (4) that that there will be “provision for a determination to be made by a person authorised for the purpose by the Secretary of State” to make the decision on the flavours. Who is in mind to be given those powers? A bit more clarity on that would be much appreciated.”
“The RCP supports limiting the number of flavours available and recommends restricting flavour descriptors. Bland descriptors, alongside limiting the number of flavours and removing those most popular with young people non-smokers from vaping without the unintended consequences of perpetuating smoking for adults.” I agree with the points that have been made, but I think that we have to be careful about how we decide which flavours are used and their range. I take the point that we often want to move people away from tobacco, because a tobacco-flavoured vape is not pleasant, or so I am told, but my concern is that, if someone do not necessarily have a tobacco-flavoured vape, then with something as nice as peach and mango—which a vaper I know really likes—people will actually vape more than they ever smoked because it is tastier for them.”
“I think it will be very interesting to see what combinations are used and what the impact is, because, apparently, if certain flavours and chemicals are combined, that can actually be even more toxic than before. That is something that the regulations, and some of the research, will have to look into for us. Interestingly, the Royal College of Physicians also gave its view on this topic in the written evidence. That was along similar lines but slightly different. It says: “While we know flavours can attract young people to vaping, the use of flavours by adults trying to quit smoking is an integral part of the effectiveness of vaping as a quit aid. We know that many adult smokers report wanting to move away from the taste of tobacco. Other nicotine replacement therapy…products, such as gums and lozenges, also have fruit flavours.”