To ask the Scottish Government whether it will provide an update on legal enforcement measures being taken with regard to retailers committing age-of-sale offences when selling age-restricted items, such as vapes and cigarettes. (S6O-05036)

A range of age-restricted products exists in Scotland, with legislation specific to each of them.

In relation to tobacco and vapes, local authorities have powers to issue fixed-penalty notices to retailers and individuals who commit offences relating to the age of sale. Where premises are subject to more than three enforcement actions in a two-year period, the local authority may apply to court for an order banning the sale of tobacco and vaping products from those premises for up to 24 months.

Last year, trading standards officers with young volunteers attempted 662 test purchases of vapes and 251 test purchases of tobacco at premises across the whole of Scotland. In the 2024-25 financial year, 56 fixed-penalty notices issues were issued for tobacco products and 217 for nicotine vapour products.

I remind members of my entry in the register of members’ interests.

The reality is that those powers are simply not being used to the degree that we would expect. In 2023-24, there were just 128 vapour product age-of-sale contraventions. That is an average of just 2.6 per local authority, and in the past two years there have been only seven applications for the court orders that the Minister described.

Any member who looks at their mailbag will know that such sales are a scourge in our communities that needs to be clamped down on. I recently spoke to a constituent who had bank receipts and statements showing that her children had been buying vapes from a local shop. What we need is action. What will the Government do to shut down shops and use those powers to stop such sales? When will we see, instead of prevarication, evidence such as bank statements being used to take immediate action?

I have had huge concerns about youth vaping and nicotine products over many years. Local authorities are responsible for enforcing the ban on single-use vapes. Trading standards officers have power to issue fixed-penalty notices of up to £800 for non-compliance. The Scottish Government provided £300,000 in additional funding to support local authorities in tackling that specific issue after the implementation of the ban on single-use vapes. In line with the principles of the Verity house agreement, that funding is not ring fenced. However, it is up to local authorities to determine how best to prioritise that work in line with local needs.

The member might be aware of the United Kingdom-wide Tobacco and Vapes Bill that is currently progressing through the parliamentary process. If passed, the legislation will introduce a range of restrictions—on age of sale, advertising, free distribution and retail register—that will also apply to such products.

We are seeing a worrying increase in the uptake of vaping among young people. Will the Minister give an update on the current UK Government plans for the Tobacco and Vapes Bill and the consequential legislative consent memorandum, which fell before last year’s election but if revived would see some control being introduced to the advertising and promotion of vaping products?

The Scottish Parliament gave unanimous consent to the UK-wide Tobacco and Vapes Bill in May, and I am pleased that the bill is expected to complete its passage within the current UK parliamentary session.

New powers in the bill will empower the Secretary of State to regulate product features, packaging ingredients and flavourings of vapes in Scotland with the consent of the Scottish ministers. It will also introduce new restrictions on the advertising, sponsorship, free distribution and nominal pricing of vapes across the UK’s four nations. I hope that that will help to prevent underage consumers from being targeted.

Retailers tell us that asking for proof of age can often be a trigger point for violence or abuse if the sale is refused, and that response times from Police Scotland are poor, if officers even turn up at all.

What communication has the Minister had with Police Scotland on that? How many prosecutions have there been under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021?

I do not have details for how many prosecutions there have been—perhaps I could write to the member on that.

I engage quite frequently with retailers, who raised the issue with me prior to the introduction of the ban on single-use vapes in June. The Scottish Government is committed, through the new deal for business, to meet regularly the regulatory review group on the Tobacco and Vapes Bill. We will ensure that any impact of the proposals on business is fully understood and that policy implementation is effective and proportionate while delivering the beneficial outcomes for population health that are sought.