GovWire

The Tobacco and Vapes Bill proposes making it an offence for anyone born on or after 1 January 2009 to be sold tobacco products, and would ban vape advertising, sponsorship and vending machines. Other proposals, including powers to expand existing smoke-free places and restrictions on vape flavours, packaging, and point of sale, are expected to be implemented by secondary legislation.

The Government decided to revise a previous Bill, adding proposals, including two new bans on: vape advertising & sponsorship, and vending machines, that require RPC scrutiny of the IA. The Bills IA covers a range of elements via a series of powers. If they are to be used, the RPC expects to scrutinise further assessments in respect of the related secondary legislation.

As originally submitted, the IA was not fit for purpose, due to insufficient consideration of the impact upon small and micro businesses (SMBs). The IA is now fit for purpose as the revised assessment provides more analysis of the impact on SMBs and addresses key areas of RPC concern. The IA now discusses disproportionate effects on SMBs and outlines mitigation, including some stakeholder engagement and lead-in times for implementation. The IA should still be improved with more detail on the breakdown of the different types of SMBs on which the proposals would have an impact. Also, the IA would be improved, for example, with much better consideration of a monitoring and evaluation plan.

Background

The Department originally submitted an IA covering measures in the Bill in November 2023. At that time, the RPC determined the Department had not provided appropriate evidence to support key assumptions made for the progressive smoking ban by not including suitable evidence to support the assumptions relating to the costs to business of verifying the age of customers. The SaMBA for the progressive smoking ban failed to identify the presence and importance of SMBs. A revised IA was resubmitted in January 2024 sufficiently addressing these issues.

The Tobacco and Vapes Bill was first introduced to Parliament on 20 March 2024, with a revised IA. On 19 March, the Department submitted a further revised IA which included extending the ban to Northern Ireland. The RPC published a fit for purpose opinion on this IA on 8 April 2024.

Following the introduction of the current Bill, the Department submitted the updated IA on which this opinion comments. It can be found here: https://publications.parliament.uk/pa/bills/cbill/59-01/0121/impactassessment.pdf