Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss the following:

Clause 121 stand part.

Government amendment 1.

Clause 122 stand part.

It is good to see you back in the Chair, Mr Dowd. These clauses concern the defences and exemptions to the advertising bans on relevant products—tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products—as set out in clauses 114 to 119, which we have just debated.

Clause 120 sets out three situations in which someone has a defence to the advertising bans. Those are trade adverts, sending information in response to a request and adverts for outside the United Kingdom. The clause sets out that adverts contained only in communications between members of specific, relevant trades in the course of business will have a defence if charged with an offence. For example, a vaping company could send promotional materials to someone responsible for buying products to sell, but that would otherwise be banned if aimed at members of the public. Similarly, a defence exists if the advert is contained in a publication that is not printed or intended to be marketed in the UK. The final defence is that if businesses receive a direct request about their products, they are permitted to respond to that request with material that would legally be considered an advert.

Clause 121 restates existing law that allows specialist tobacconists to advertise specialist products in their shops. Specialist tobacconists will therefore be exempt from the restrictions on advertisements in part 6 of the Bill, provided that their adverts meet certain criteria, such as being visible only inside the shop. The clause empowers the appropriate national authority in each of the devolved Administrations to make regulations to specify what health warnings and information must be included in the adverts. Specialist tobacconists make up a tiny percentage of the market in the UK and are focused on specialist products such as pipes and cigars, and this exemption reflects the specialist nature of the trade carried out by these shops. However, tobacco is a uniquely harmful product, so we will continue to monitor the specialist market closely in case the situation changes.

Clause 122 ensures that no offence is committed under part 6 of the Bill for something that is regulated under the law on displays. For example, displaying a relevant product or the price of the product in accordance with any regulations concerning displays would not be considered an advertisement for the purposes of advertising offences. Without this provision, a display of a relevant product or other material that is permitted may be prohibited as an advertisement. The provision therefore allows for shops to display a vape, subject to the restrictions set out in legislation on their display, without it being considered an advertisement.

However, in the relevant provision for Scotland, the clause refers only to the legislation on the display of the tobacco products themselves and does not include the legislative provision on the display of the prices of the tobacco products. Government amendment 1 has been made to ensure that both are captured when determining whether something is subject to the law relating to displays, as the equivalent provisions do for England, Wales and Northern Ireland. That has been done at the request of the Scottish Government to make the approach in Scotland consistent with that in the other three jurisdictions across the United Kingdom. It is for that reason that the Government commend this amendment and clauses 120 to 122 to the Committee.

I noticed that Government amendment 1 was included in this grouping. Does the Minister want to talk about it?

I did.

Oh, sorry. I must have had a moment.

Clause 120 concerns advertising defences. I wanted to ask specifically about the defence relating to the relevant trade communication being directed solely at persons involved in that trade. Does that include adverts within trade magazines? Does it include trade shows and trade stands where these adverts might be visible? Will these adverts or promotions need to be explicitly directed at trade, and will they need to be only visible to trade, or could this actually create a loophole in which there is a suggestion that these are trade magazines, but are actually more widely available than that and therefore provide an advert to the public? How will that work? What if one is doing a trade show in a relatively public venue such as an exhibition centre?

I can answer that very quickly and clearly, because it was set out in my opening speech. I am not sure whether the shadow Minister was fully paying attention, because it also included Government amendment 1, in relation to bringing Scotland into line with the rest of the United Kingdom on these measures. The legislation sets out that adverts contained only in communications made between members of specific relevant trades in the course of business will have a defence if charged with an offence. I think that is pretty clear.

I understand what the Minister is saying, but if members of a trade body are being spoken to at a trade show, for example, will the people running the show need to make sure that people who are not members of the trade do not come? Sometimes, people may bring other people along with them. Will there need to be provisions to ensure that when that trade show is advertised, it is not done in a way that promotes the product itself? If the show is to happen, people will need to know about it, so how will they find out? This is just about making sure there are no loopholes.

There is also the business of who is publishing and who is distributing. If someone were to design, produce and print leaflets in the belief that they would be distributed abroad, but then someone gave some young delivery chap, perhaps in his teens, some money to deliver them to a group of households, as happens with pizza delivery adverts and such things, the young lad would be committing an offence of which he may or may not be aware. That is no excuse under the law, of course, but the person with greater culpability would be the person who gave him the leaflet. How does the Minister intend the law to be applied in such a situation?

Clause 121 concerns specialist tobacconists. The Minister has been quite consistent on every aspect of this legislation—apart from penalties—in saying that tobacco in all its forms is bad for people and needs to be eliminated, so I am interested in this specialist tobacco exemption. I understand that the advert is going to be available inside the store, and not visible from the outside, and that it will exclude cigarettes and hand-rolling tobacco. I am interested to understand why it will specifically exclude those and not other forms of tobacco. The Minister might say, “That is what the legislation says at the moment, and we want to keep it the same,” but passing new legislation is an opportunity to change things, review what we currently have and decide whether it needs to be different. I am interested in his reasons for that decision.

The clause defines a “specialist tobacconist” as a shop

“more than half of whose sales…derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.”

That would appear to be on the basis of the cost or value of sales. What is the reason for that definition? It may be that that is the existing definition, but has the Minister considered whether specialist tobacconists should be defined according to whether they sell a greater or a lesser amount of such products? Also, we see vape shops on virtually every high street now, so how will the Bill apply to them?

It is a pleasure to serve under your chairmanship again, Mr Dowd. My understanding is that Government amendment 1 simply makes a correction to bring things into line, so I very much doubt that we will oppose it.

It is clearly necessary and right to have some defences written into law, but I have a few questions about clauses 121 and 122. As the shadow Minister said, the Minister and the Government have been extraordinarily clear that tobacco-based products, as well as vapes, are unhealthy and have a significant impact on public health. It is therefore interesting that the Minister has not been so consistent when it comes to what one might call specialist or traditional tobacco.

My hon. Friend is talking about specialist tobacco. Can he or the Minister enlighten the Committee as to whether specialist tobacco is less harmful than any other form?

I do not claim to have a medical qualification, but my guess would be that there is no difference between specialist and other forms of tobacco. One might even say—again, I am not medically qualified —that specialist tobacco may be more harmful, because a pipe has no filter, and nor are there other things that could mitigate, at least minimally, the harmful nature of the tobacco. The shadow Minister is right, and the Minister has been clear, that there is no such thing as safe smoking in any form.

It is interesting that the Minister has decided to exempt specialist tobacconists in this regard. Perhaps he could enlighten us as to how many specialist tobacconists there are in the United Kingdom, and how many consumers currently buy their tobacco from a specialist tobacconist. That would give us some indication of how prevalent the issue is.

I encourage my hon. Friend not to criticise the Minister for doing something quite sensible in pursuing this evidence-based approach. I have said before that people who have a cigar on new year’s eve and who use specialist tobacconists—that is where I get mine—are the kind of people we should be letting off a little. The Minister is right.

My hon. Friend and I agree on most areas of policy, but this is probably one on which we do not entirely see eye to eye. Another hon. Member asked me yesterday to mention the personal benefits of cigars for his stress levels. I informed him very clearly that reducing any amount of stress with a cigar only exacerbates the effect on his lungs; although he might feel a little less stressed in the moment, he will feel much more stressed when, unfortunately, he has a tobacco-related disease. I therefore disagree with my hon. Friend the Member for Windsor.

That being said, and I have mentioned this previously on other clauses, we must be consistent between larger and smaller retailers and not bring in anything that will disadvantage the smaller ones. Perhaps that is what was in the Minister’s mind when he included this clause.

Clause 122 addresses the exclusion for advertisements that are displays. My view is that that is crucial in delineating the boundaries between permissible product displays and prohibited advertisements, which ensures clarity for retailers and upholds the integrity of the public health policies the Minister is espousing. Clause 122 stipulates that no offence is committed under this part of the legislation if the product or other material displayed is subject to the relevant law relating to displays. I think the intent is to prevent a display that is legally permitted from being inadvertently classified and penalised as an advertisement. For example, displaying a vape product would not be considered an advertisement if the vapes were subject to specific display regulations.

There are a number of reasons why I think this is a sensible clause. First, it provides clarity for retailers. Obviously, they need to navigate complex regulations concerning promotions and the display of tobacco and vape products. By clearly distinguishing between a display and an advertisement, clause 122 provides the much-needed clarity that some retailers have written to us about, and enables retailers to comply with the law without fear of unintended violations. That distinction helps to prevent legal ambiguities that could lead to unwarranted penalties for businesses operating in good faith.

Secondly, as I mentioned, whenever we legislate in this part of the Bill, we have to uphold the public health objectives the Minister so rightly espouses. Although it is essential to allow retailers to display products available for sale—as someone has to be able to know that they are being sold—it is equally important to prevent promotional activities that could encourage the uptake of smoking or vaping, especially among young people. My reading of clause 122 suggests that permitted displays do not cross the line into advertising, thereby supporting the public health initiatives aimed at reducing tobacco and vape usage.

However, there may be a couple of challenges and considerations. As I think the shadow Minister mentioned briefly, there is a risk that some retailers might attempt to exploit the distinction between displays and advertisements to circumvent the advertising regulations that we have spoken about. For instance, arranging displays in a manner that draws undue attention or includes promotional elements could undermine the intent of the legislation.

My hon. Friend is making a very important point. Does he agree that the timing will be important too, because this legislation will come into force more quickly than the regulations? The Minister said that he would “go like the clappers”, but we have not had further definition of what that means or of how quickly regulations will come into force. Regulations on displays may lag behind the Bill’s provisions on advertising, so companies are likely to use the display provisions to circumvent the advertising provisions until the Minister brings the regulations in.

I completely agree. It is essential that not only this clause and the regulations it will bring in, but all the clauses we have talked about—both those where regulations are included on the face of the Bill and those that give the Minister, the Department for Health and relevant authorities the power to implement other regulations and restrictions—are phased appropriately, so that retailers and manufacturers can adjust to the new laws. They must also be introduced rapidly enough that there are no loopholes, and in the right sequence so that people cannot take advantage of any loopholes.

That brings me to the point that vigilant enforcement and clear guidelines are necessary to prevent such exploitation. I would be interested to know from the Minister whether that links back to the previous clauses, in which we talked about the display of notices.

Likewise, we need to ensure that there is consistency across the jurisdictions. We have devolved government in this country, but if regulations concerning the display and advertisement of tobacco and vape products vary between the different countries of the United Kingdom, there could be cause for some legal issues. It is therefore vital to ensure that clause 122 is applied consistently across all parts of the United Kingdom to prevent confusion among retailers and to maintain the stated aim of the Bill, which is uniform public health standards.

I have a few questions to the Minister. First, will he be developing comprehensive guidelines for what constitutes a display versus an advertisement? These guidelines should include visual examples to assist retailers in understanding and complying with the regulations. I mentioned it before, but regular training and communication is essential so that retailers can be educated about the distinctions and the legal requirements. Continued regular communication will help to address any ambiguities and keep retailers informed about any changes to the laws or regulations that the Minister or his successors might introduce. The Minister is laughing, but I think it is more that he received a funny text than because of my speech.

Finally, robust monitoring and enforcement is essential to ensure that there is compliance with clause 122. That should include routine inspections and clear processes for addressing violations to ensure that the distinction between displays and advertisements is respected. In conclusion, the clause plays a pivotal role in balancing the rights of retailers to display their products with the necessity of restricting advertising that could promote tobacco and vape usage. We on this side of the Committee—mostly—agree with the clause, and I hope that the Minister will answer some of the queries that we have raised.

I thank hon. Members for their questions. The hon. Member for Farnham and Bordon just referred to my smirk, and it was indeed a text from somebody asking whether we should define “clappers” in our guidance as well.

To return to the substance of the Bill, the Government amendment is minor and technical; there was a drafting error, and the Scottish Government have since requested the amendment to correct it and to ensure the regulations and the law, as it appertains to England, Wales and Northern Ireland, will be the same for Scotland.

On the subject of “specialist tobacconists”, let me first make a point of clarification for the shadow Minister and the hon. Member for Farnham and Bordon. We are not saying there is specialist tobacco—there is no such thing. Tobacco is dangerous and uniquely harmful. Tobacco is tobacco. There is nothing specialist about it. A very small number of retailers around the United Kingdom sell niche products; they are specialist tobacconists. That is different to the tobacco being special. There is nothing special about tobacco. The tiny number of retailers that sell things such as pipes and cigars exist in a limited number of places and there are already exemptions in the law for them. As we move towards smoke-free, the reality of market economics means that those specialist tobacconists are not necessarily likely to be around at some stage in the future.

The impact assessment that the Government have provided alongside the Bill makes it very clear. With the measures in the Bill, by 2050—25 years’ time, that is all—we are looking at smoking prevalence in the under-30s being nearly zero. Given that reality, the Government believe that the current exemptions for that small number of retailers will continue. Due to the specialist nature of their trade—they focus on a small number of other tobacco products, such as cigars—they only make up a tiny proportion of the UK market. We know that all tobacco products are harmful, so the Government will, of course, keep a watchful eye on it to make sure that we do not inadvertently grow a new market but, at this stage, we do not believe that will happen.

Specialist tobacconists are not permitted to advertise cigarettes or hand-rolling tobacco because those are the most commonly used types of tobacco. The existing bans on tobacco advertising therefore relate to the sale of those products, whether in specialist tobacconists or the local supermarket, so we are really talking about the advertising exemption for other products. That is a continuation of the existing exemption, which has not caused any issues such as younger people taking up smoking. Any advertising the retailers have cannot be visible from outside the premises. That is really important so that a child walking past one of these random Hogwarts-looking shops that sell a product of which they are hopefully not aware will not ever be attracted to what goes on inside.

I am pleased that the Minister is considering how shops look from the outside because, when one walks down the high street at the moment, it is not uncommon to find shops where the entire shop window has been turned into a picture of various types of vapes.

Absolutely—I agree with the hon. Lady that how it looks from the outside does matter. That is why, when these exemptions were put into earlier legislation, it was clear that none of the adverts for these niche products could be visible in the shop window from the outside, precisely to protect future generations from ever being enticed to think, “I wonder what a pipe tastes like, or what a cigar is like,” although I am sure the hon. Member for Windsor could, if he chose, give us an hour-long explanation. That is why the legislation is drafted in the way it is. However—and hopefully the industry is listening to this—the Government will, of course, continue to keep an eye on whether this exemption is working in the way that it has previously worked and that we expect it probably will work in the future. If in the future we have evidence that it is not working, the Government can come back and look at it again. However, as things stand, I commend the clauses to the Committee.

Question put and agreed to.

Clause 120 accordingly ordered to stand part of the Bill.

Clause 121 ordered to stand part of the Bill.