4. Statement by the Cabinet Secretary for Health and Social Care: Creating a smoke-free generation and tackling youth vaping

– in the Senedd at 3:49 pm on 23 April 2024.

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Photo of David Rees David Rees Labour 3:49, 23 April 2024

(Translated)

Item 4 this afternoon is a statement by the Cabinet Secretary for Health and Social Care on creating a smoke-free generation and tackling youth vaping. I call on the Cabinet Secretary, Eluned Morgan.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour

Diolch yn fawr. Thank you for this opportunity to update Members about the important work we're carrying out to create a smoke-free Wales and to tackle youth vaping. Despite all our success in reducing smoking rates, it remains the leading cause of avoidable harm and death here in Wales. Smoking harms nearly every organ of the body and, uniquely, it harms not just the smoker but the people around them. We all know the impacts that smoking has on individuals, on society and on our health service. It is not overdramatisation to say that these are devastating.

For individuals, tobacco significantly increases the risk of cancer, respiratory diseases, and dementia. For our society, smoking drives health inequalities and costs the economy billions each year. The former Deputy Minister for Mental Health and Well-being launched our smoke-free Wales strategy two years ago and with it our ambitious target to reduce smoking prevalence to 5 per cent by 2030. We are working towards that ambition, supporting people to stop smoking at all stages in their lives.

The First Minister has put a renewed focus on the first 1,000 days of a child’s life to ensure every child gets the best start in life. Smoking is a significant risk factor for poor pregnancy-associated health outcomes. We have been working to increase support to smokers to quit for good during pregnancy, and I have set clear objectives for health boards to provide carbon monoxide monitoring during antenatal appointments to help women achieve that goal. Our free national smoking cessation service, Help Me Quit, continues to support thousands of people every year, and we are rolling out our in-hospital smoking cessation programme so that NHS staff can support our in-patients to quit.

Illegal tobacco and vaping products pose an increasing and complex challenge, so we are working closely with trading standards to support the enforcement and seizure of illegal and potentially dangerous products. We have also supported secondary schools across Wales by providing evidence-based information for teachers and school staff about how to tackle vaping and resources to help learners understand the impact of vapes on their health and well-being.

In addition to the work in Wales, we are also working closely with partners across the UK on actions to tackle youth vaping and to create a smoke-free generation. The UK Government’s Tobacco and Vapes Bill was introduced in the UK Parliament on 20 March and had its Second Reading last week. The legislation has the potential to be one of the most significant public health interventions in a generation and the biggest step forward in the battle against tobacco since we banned smoking in enclosed public spaces in 2007.

With our consent and support, along with that of colleagues in Scotland and Northern Ireland, the main measures in the Bill—making it illegal to sell tobacco products to anyone who turns 15 in 2024 or younger and reducing the appeal and availability of vaping products—will apply throughout the UK. These provisions, of course, have an impact on devolved areas of competence. I will therefore be laying a legislative consent motion in early May. I am committed to ensuring that Members are able to fully consider the detail of the Bill and its impact here in Wales. I look forward to hearing Members' views in due course. 

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 3:53, 23 April 2024

(Translated)

When asked, most smokers will tell you that they wish that they had never started smoking, and many say that they find it really hard to quit. A large number will have started smoking when they were young—more than four in five people before the age of 20. And that’s why this Bill has the power to make a real difference, putting cigarettes and tobacco products out of the reach of young people. Anyone born after 1 January 2009 will never be able to be legally sold a cigarette or any other form of tobacco, and this will lead, over time, to a smoke-free generation.

I have heard many arguments recently that smoking should be a choice. Whilst the Bill will not criminalise anyone for smoking, I firmly agree with the chief medical officer and the many other health leaders that smoking is an addiction. It traps smokers into a habit that ultimately kills up to two thirds of its long-term users. Once hooked, smoking is no longer a choice, it's a dependency. This Bill is a unique opportunity to take decisive action to free and safeguard a generation of young people and children in Wales and the UK from addiction. It also gives us more powers to tackle youth vaping. Our message on vaping has been and remains very clear: if you don't smoke, don't vape.

These products should never be in the hands of our children and young people. This is why the increase in vaping among young people is extremely worrying, given the unknown long-term health impacts, the highly addictive nature of nicotine, and the potentially harmful ingredients in some illegal vapes. The way that vaping products are regularly promoted, and the endless flavours and bright packaging, appeals to children, like the most tempting sweet stall. The Bill will introduce regulation-making powers to restrict these elements for both nicotine and non-nicotine vaping products.

Of course, for these changes to have an impact, we will need to ensure that they are properly implemented and enforced, particularly to deal with the illegal tobacco and vape markets. Therefore, the Bill strengthens the enforcement system by introducing on-the-spot fines for underage sales of tobacco and vaping products in England and Wales, which means that trading standards officers can take swifter action. Alongside our ambitious smoke-free Wales strategy, this Bill is a step forward in public health, and it has the potential to prevent disease, disability and deaths. I will keep Members updated as we move ahead with this work, which is vital to supporting a healthier nation for us all. Thank you.

Photo of Gareth Davies Gareth Davies Conservative 3:57, 23 April 2024

Thank you, Cabinet Secretary, for your statement. I am speaking on this statement today in my official capacity as Shadow Minister for mental health and early years, rather than a personal capacity. The mental health and early years portfolio covers addiction.

Often, legislators can be quite lethargic when reacting to a sudden-onset problem, and I would put youth vaping within that category. It's important that we act quickly as this has been a growing problem for some years, but I'm pleased to see the Tobacco and Vapes Bill at Committee Stage in Westminster, so it's important that we do not get left behind in Wales. Without similar legislation in Wales, there is a concern that there could be an increase in young people from England crossing the border into Wales to purchase cigarettes or disposable vapes.

Speaking on the importance of creating a smoke-free generation, I will touch on some of those statistics now. Over 80 per cent of smokers started before they turned 30, many as children, and it is estimated that over 200,000 children a year start smoking in the UK, with some association between smoking and other substance abuse. We already know how bad smoking is for your health. It increases the risk of stillbirths, asthma in children, dementia, strokes, heart failure, and, of course, cancer.

We are already winning the battle on smoking, but the vaping regulation included in the Bill is imperative. Companies are marketing the products in an enticing way to appeal to under-18s with vibrant colours and exotic flavours. These disposable vapes have largely replaced smoking in schools, with one in five young people from years 7 and 8 having tried vaping according to the School Health Research Network, and 5 per cent of secondary school pupils in Wales vaping at least once a week. I must stress that e-cigarettes are a legitimate and successful avenue for smoking cessation, but marketing them towards children is wrong, and has resulted in large-scale uptake amongst children. This is now our problem to solve.

The Tobacco and Vapes Bill is a historic and ambitious move by the Prime Minister to solve this long-term problem and ensure our young people never take up smoking. It is, however, an adult's right to smoke if they so choose, as it is a person's right to eat junk food or engage in any other dangerous endeavour, and I am not prone to paternalistic policies when it comes to what adults do with their own bodies. However, when it comes to predatory marketing of unhealthy products aimed at children, state action is required. There needs to be greater enforcement of the current Laws to prevent young people from smoking, but this also begins in schools where teachers are reporting issues of children vaping with increasing frequency. Schools need to be proactive in clamping down on the use of these devices, alongside the legislative action, and I hope that the Cabinet Secretary for Education will also address this matter too.

The UK Labour Party is supporting this Bill, and I am pleased that the Welsh Labour Government and Welsh Labour in general have taken the same position. We are pleased that the Cabinet Secretary for health has announced this legislative consent motion to achieve continuity with England and other devolved administrations in implementing the Tobacco and Vapes Bill 2024. It is the view of the Welsh Conservatives that this is the correct decision to ensure the health of the next generation. Thank you very much.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:01, 23 April 2024

Diolch yn fawr, Gareth, and can I congratulate you on retaining your role? I actually think that poor old Rishi Sunak is not going to have a heck of a lot to show in terms of his legacy, but this is something that I think that, I hope, will be a part of his legacy. It is practically the only worthwhile thing he has done as a Prime Minister, because the fact is that tobacco kills about 8 million people across the world annually. In Wales that's about 5,600 deaths a year, at a cost of £302 million. So, this is not cost free, and it's not cost free, obviously, to the individuals, but it's not cost free to us as a society either.

One of the things I am most concerned about at the moment in relation to health is our cancer rates. I am very, very worried about what's happening. But one of the things I'm most worried about is the disparities in terms of the outcomes for people who have cancer. There is a direct link, as I set out in my statement, between those areas that are more deprived and those that are least deprived in terms of cancer rates. So, about 22 per cent of people in our most deprived areas smoke, and about 8 per cent in our least deprived areas, and that is going to have an impact. Targeting those areas is going to be crucial.

On vapes, I agree with you. I think state action is required. It is quite frightening in terms of the numbers of young people who've taken up vaping, and certainly the new law will help. I can assure you that the Cabinet Secretary for Education, who obviously led on this issue before, I know, is going to deal with this very seriously in relation to education as well. Obviously, the Labour Party is very supportive of this. It's a shame that not more Tory Members supported it when it went through the House of Commons.

Photo of Mabon ap Gwynfor Mabon ap Gwynfor Plaid Cymru 4:03, 23 April 2024

As I have mentioned many times, the preventative agenda is pivotal to the long-term future of the NHS in Wales, and there are few more pressing issues for this agenda to address than smoking, which continues to impose intolerably high social and economic costs. Smoking kills 5,600 people a year here in Wales, while tobacco-related health issues create a bill for the Welsh NHS in excess of £300 million a year. As is illustrated by ASH Cymru's latest survey, smoking habits also run along existing class lines, thus entrenching health inequalities in our society. While 8 per cent of those living in the highest social grades are smokers, 17 per cent of those living in the lowest social grade are smokers. Smoking habits are also far more prevalent amongst individuals living in social housing, compared to home owners. The harmful impact of second-hand smoke is also well documented, and with around 13 per cent of non-smoking Welsh adults living in households with at least one smoker, the risk posed by tobacco use clearly extends well beyond that faced by the smokers themselves.

Such figures comprehensively demolish the specious, libertarian counter-argument that measures to curb smoking are somehow an assault on personal freedoms. Upholding personal freedoms also entails guaranteeing that no-one should have to develop adverse health conditions as a result of the actions of others, and ensuring that future generations are not burdened with the enormous societal cost that smoking incurs. Moreover, when she isn't railing against a deep state—which now apparently also includes the famous lettuce that outlived her premiership—Liz Truss has become the standard-bearer for the Opposition to the smoke-free initiative, which tells you everything you need to know about its credibility. If she's opposed, then it must be a good idea.

I therefore welcome today's statement and the consensus across the nations of the UK on this issue. It's clear, as is laid out in the ASH Cymru survey, there is widespread appetite amongst non-smokers and smokers alike for boldness on this issue. Fifty per cent of respondents have said that the Welsh Government isn't doing enough at present on tobacco control, which includes 20 per cent of current smokers. So, if we are to truly realise the ambition of creating a smoke-free Wales by 2030, we must be prepared to seize the initiative without delay.

The legislative framework provided by the UK Tobacco and Vapes Bill does undoubtedly represent a step in the right direction on paper, but in practice it can only be effective if it is accompanied by robust and fully funded enforcement. So, I'd be grateful, therefore, if the Minister could explain what assurances the Welsh Government has received from the UK Government on the relevant resourcing implications for Welsh police forces. How confident is the Minister that they will receive additional funding for enforcing this legislation, as opposed to being asked to do more with the same insufficient pot of money?

And while the statement primarily relates to measures being undertaken under the umbrella of pan-UK legislation, it's also important that devolved levers at the disposal of the Welsh Government are not overlooked either. The issue of youth vaping is a growing concern amongst the general public, as the pupils of Ysgol Glan y Môr in Pwllheli made clear to me recently, especially given the large unregulated state of the industry. The powers to create a retail register with specific licensing standards for vaping vendors are contained within the Public Health (Wales) Act 2017, but they have, so far, never been used. So, could the Minister explain this oversight on the part of the Welsh Government, and when can we expect to see the implementation of a vaping retail register in Wales? Finally, could the Minister provide an update on the likely time frames for the introduction of a legislative ban on disposable vapes in Wales, which continue to inflict significant environmental costs? Diolch yn fawr.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:07, 23 April 2024

Diolch yn fawr. Well, I think, first of all, we should actually celebrate a little bit of success in this area. The fact is that the rates of smoking have come down not insignificantly over the past 10 years. So, in 2010 23 per cent of the Welsh population smoked. Today that figure is 13 per cent. So, it's not a bad improvement, but we still have a long way to go, and we do have this ambition to get to 5 per cent by 2030. So, that, apparently, would make us a smoke-free Wales. I haven't quite worked out how 5 per cent makes you smoke free, but there you are, that's what they say is possible—there we go.

What I can tell you is that we have a very clear delivery plan, so I think it's unfair to say that Welsh Government is not doing enough in this area. We've definitely done quite a lot of work on the smoke-free environment, there is continuous improvement and support in terms of innovation, we are tackling and targeting priority groups, we're very much tackling the illegal trade in tobacco and we're working across the UK. And, of course, we do have measures to support people in their efforts to stop smoking.

Just in terms of enforcement—you asked about that—of course, it's trading standards that has to regulate in this area, and, you're quite right, everybody is stretched at the moment. So, of course, we do need to make sure that, when we introduce new Laws, we do have the capacity to make sure that the money is there. Youth vaping: vapes, they have to be registered with the Medicines and Healthcare Products Regulatory Agency, but, you're quite right, at the moment there is no requirement to have any kind of licensing in relation to retail vaping. And I'm not averse to looking at that, but my understanding is that we may need some additional primary powers, and, obviously, our legislative programme is quite burdened at the moment. But just as a principle, I very much would be willing to look at whether that is something that we could look at as a Government.

Photo of Jack Sargeant Jack Sargeant Labour 4:09, 23 April 2024

Cabinet Secretary, the Petitions Committee currently has two live petitions under consideration. One of them is a petition calling for a ban on the sale of single-use vapes, with a total of 455 signatures, and I’m pleased the Cabinet Secretary for climate change just yesterday made an announcement on progress with a date of—I think it was April 2025. And that would mean, when a ban would come into force, another petition achieving real success here in terms of policy change.

The second petition, Cabinet Secretary, received over 9,000 signatures in total and it was in reference to what you were referring to, Mabon ap Gwynfor, with regard to the licensing of vaping shops. They want to ensure staff are properly trained; they also want to guarantee customer safety. They have real concerns around the fake vapes and also illegal products being too readily available to many people. I heard what you said in response to Mabon ap Gwynfor, but perhaps the Minister could commit to updating the Chamber again when you’ve had further thoughts on that matter. Diolch.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:11, 23 April 2024

Thanks very much. I was very pleased that Huw Irranca-Davies was able to make that announcement, which means that we will be phasing out those single-use vapes, which of course will have a double benefit, not just for the environment, but obviously hopefully in stopping young people from taking up the opportunities, because I think there is definitely a worrying increasing trend in relation to that. About 5 per cent of secondary school-age people between 11 and 16 are regular smokers; 20 per cent of them have tried vapes, and about 14 per cent in year 11 vape weekly. So, these are quite high numbers, I think, and obviously what you don’t want, and I’ve had some very interesting discussions with the children’s commissioner last week, who has also focused on this issue, and she has done some very interesting research, just talking to some children about their concerns—. And one of the things that she was saying is that, actually, they are concerned about the increasing number, and the number of children who can’t get through a whole lesson now because they need to have a vape, so that is really, really concerning. So, this is getting serious, and I think this comes at the right time.

Just to let you know also that Public Health Wales did some research on this, and they had and incident response group. They published a paper on 18 April, so just last week, on this particular issue, and one of the things that they mentioned in their response was also whether we need to be considering the licensing of vape shops. So, it’s definitely not off the agenda; the question is if you can let me do a little bit more research about if it might be possible through secondary legislation—obviously more difficult if it’s primary—but as a principle, I certainly wouldn’t object to looking further into that.

Photo of Heledd Fychan Heledd Fychan Plaid Cymru 4:13, 23 April 2024

(Translated)

Thank you to the Cabinet Secretary. I’m pleased that the former education Minister is here too, because certainly one of the messages I’m hearing from schools, but also from children and young people, is how much of a problem this is. It also means that schools, in trying to deal with this, are having to lock toilets, which means, then, in terms of periods and so on, that there is a lack of access to toilets, which is also huge problem. I was at a primary school recently, and this was the main issue that they wanted to discuss with me, and they were asking, ‘Please will you do something about this?’, saying that they could buy on TikTok Shop, so it’s not just in traditional shops—TikTok Shop is so easy for them—that the flavours are targeted at them, such as Slush Puppy, for example, and that it’s something that they really want to see action from us on as politicians. So, I promised that, when I had an opportunity to ask a question, I would raise these concerns, because the access to these products, and the lack of regulation, and the kinds of vapes—. Certainly there is a role for vaping in terms of helping people quit smoking, but the problems caused by this in terms of children and young people are significant, and I think that schools do need support too.

So, can I ask you: will you work with the Cabinet Secretary for Education too to ensure that there is more support for schools in how to deal with this, and that we look at an awareness raising campaign on the concerns that our children and young people have and that we support them in stopping their fellow pupils from vaping?

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:14, 23 April 2024

(Translated)

Thank you very much, and I'm certainly willing to work with the Cabinet Secretary for Education on how we can provide additional support to schools to deal with this issue. It's extraordinary that children in primary schools are talking about this matter, and that's a cause of great concern, of course. One of the things that this new legislation will do is to place less of a focus on the colour and flavour, and that targeting, available to children and hitherto targeted at children. So that will be an outcome of this new legislation. Another thing that's worth saying, perhaps, is that the UK Chancellor has placed a duty on vapes, which will be introduced in autumn 2026, so the cost of vapes will go up and, hopefully, that will also prevent children from buying vapes in future.

Photo of John Griffiths John Griffiths Labour 4:16, 23 April 2024

I'd like to congratulate Welsh Government on its work for a smoke-free Wales and a smoke-free generation, and also congratulate UK Government for the bold steps it's taken to help create that smoke-free generation. Cabinet Secretary, as far as registration is concerned, it was, actually, discussed at the last meeting of the cross-party group on smoking and health, where it was felt that it might well be possible to do under the Public Health (Wales) Act 2017, which I guess is where the secondary legislation you mentioned as a possibility might feature. It was emphasised how important it is to have that registration, that system to have some control over retailers of tobacco, vape and nicotine, because, obviously, we have to be in a position where we can do much more to prevent the illegal sale of vapes, for example. We've heard about how damaging they are to our young people, and I'd just like to add one thing to that, Cabinet Secretary. Would you agree that one of the very worrying aspects is research carried by scientists in Liverpool where they found that 29 per cent of illegal vapes contained lead, a metal that the World Health Organization warn high levels of exposure to can affect the brain development of our young people? It just gets worse and worse, doesn't it, as far as vaping and young people are concerned.

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:17, 23 April 2024

Thanks very much, and I wasn't aware of that particular research, so that is very concerning. Obviously, vapes are regulated by the MHRA, and people should not be—. Certainly, if they're going to vape, then make sure that it's been licensed by the MHRA. But that is very, very concerning. I know you've been a long-term champion in this area, and, as I say, I've made a commitment to look at whether it might be possible to introduce some kind of licensing under the current Laws that we have. But I wouldn't discount, in the future, obviously—it would be difficult during this Senedd term—looking at whether, if that's not possible, we perhaps might consider primary legislation in this area.

Photo of David Rees David Rees Labour 4:18, 23 April 2024

(Translated)

Finally, Vikki Howells.

Photo of Vikki Howells Vikki Howells Labour

Diolch, Dirprwy Lywydd, and thank you, Cabinet Secretary, for your statement today. I welcome your continued work to tackle the well-documented scourge of smoking and your work to address the newly developing health and societal issues associated with vaping. I visited my optician last week and was interested to see the work that was being done there to signpost people to smoking cessation services. I understand that this signposting forms part of the optometry contract, so, Cabinet Secretary, could you tell us more about this working across all areas of the Welsh NHS to help support people to quit smoking and how you monitor and track the performance of these initiatives? Secondly, I welcome your approach to tackling vaping amongst those who have never smoked, particularly amongst young people. It's clear that this requires a multifaceted approach that straddles both devolved and non-devolved areas. So, in your opinion, Cabinet Secretary, and noting the work of UK Government in this area to date, do you think this mix of devolved and non-devolved responsibilities will make it more difficult for you to take the actions you want, or do you see the UK Government's stance as complementing and perhaps even supporting the work of Welsh Government in this area?

Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 4:19, 23 April 2024

Thanks very much, Vikki Howells. I'm not a nationalist. I think what we've got to do is to protect our population, and if it means that we can piggyback on what's happening in Westminster for something that will be of benefit to the Welsh public, then I for one am not averse to that at all. So, I'm very pleased that we have been able to work together on this across the whole of the UK. So, I'm very pleased. And there may be other areas, particularly, perhaps, when we get a Labour Government, where we'll be doing a lot more of that.

I'm really pleased to see that the contract in relation to optometrists is working. This is part of our efforts to see that every contact counts, and why wouldn't we take the opportunity, when any public health person has that contact with the public, to talk about other things apart from what they've come in for? And so I'm really, really pleased to hear that it's happening on the ground, that it is making a difference and that new optometry contract is functioning well. So, diolch yn fawr.

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