Meeting of the Parliament 01 December 2015
I am delighted to open the stage 1 debate on the principles of the Health (Tobacco, Nicotine etc and Care) (Scotland) Bill. I thank the Health and Sport Committee for its consideration of the bill and stage 1 report. I also thank the Finance Committee and the Delegated Powers and Law Reform Committee for their consideration of the bill. I am pleased that evidence was taken from such a wide range of organisations and individuals.
I welcome the opportunity to discuss the principles of the bill and the positive contribution that it will make to public health and the delivery of health and social care services in Scotland. The Health and Sport Committee made a number of detailed recommendations in its stage 1 report. I responded to those recommendations yesterday, but I will address some of the more significant points here today.
Our bill defines electronic cigarettes as nicotine vapour products—NVPs. The bill builds on the requirements of the European Union tobacco products directive, which must apply across the United Kingdom by 20 May 2016. The directive sets standards for the composition, labelling and marketing of devices and e-liquids.
On the basis of current evidence, NVPs are generally considered to be a less harmful alternative to tobacco. However, there is also consensus that the inhalation of those products is not risk free, particularly for young people and those with some medical conditions. Although emerging evidence suggests that NVPs could help smokers to quit tobacco, there is a lack of evidence about the short and long-term effects of vaping.
In the absence of long-term evidence, the committee heard a range of concerns about whether the products might normalise smoking behaviours and act as a gateway to nicotine addiction and/or smoking. Debates around those concerns will continue, but we can all agree that there are certainly no benefits to be had from children playing at smoking.
The revised EU tobacco products directive will place restrictions on the cross-border advertising of e-cigarettes, for example, television and radio advertising. Our bill builds on the directive by making powers to prohibit domestic advertising on, for example, billboards, posters and leaflets. However, I do not intend to ban certain points-of-sale advertising of NVPs. It is important that smokers are able to access information, ask questions and receive consultation about which products might be right for them.
The committee asked the Scottish Government to consider whether the national health service should issue national guidance about the potential risks and benefits of using an NVP to quit smoking. The Scottish Government is working with NHS boards to establish a consistent approach to providing advice and support to individuals who want to stop smoking using NVPs.
The bill will introduce an age verification policy for the sale of NVPs and tobacco; it will also ban unauthorised sales by a person under the age of 18. The measures will strengthen the age restrictions associated with the sale of tobacco products and NVPs. Likewise, banning the sale of NVPs from vending machines reflects the fact that self-service vending machines cannot satisfactorily include a process for the vendor to verify age.
Any person who intends to sell NVPs will be required to register on our retailer register. That requirement has been in place for tobacco products since 2011, and it has proved a useful tool for trading standards officers in both supporting retailers and enforcing tobacco sales legislation. The approach that is taken in the bill provides consistency across tobacco and NVPs without placing undue burdens on retailers.
The committee highlighted concerns that extending the tobacco register to NVPs could mislead people to think that tobacco and NVPs have the same level of harm. That is not my intention. In implementing the legislation, the Scottish Government will explore opportunities to provide a clear separation between the products on the website where the register is publicly available.
The bill proposes an offence of smoking and knowingly permitting smoking in a perimeter around buildings on NHS hospital grounds. That is not about stigmatising smokers. Preventing ill health is a major challenge for our health services now and in the future. Tobacco remains the biggest cause of preventable disease and death in Scotland. The committee heard evidence that our NHS must show leadership in supporting and promoting healthy behaviours, particularly around tackling smoking. The bill provides an enforcement tool to support existing smoke-free hospital grounds policies.
As an alternative, the committee suggested that the Scottish Government consider allowing NHS boards to set different perimeters in their own grounds. However, it is important to recognise that boards have been encouraged to set their own smoke-free grounds policies since the introduction of smoke-free legislation nearly a decade ago.
In developing our current tobacco control strategy, there was a clear ask of the Government to support a consistent approach across boards. In introducing legislation to support smoke-free policies, consistency is essential. It is important that we can communicate a simple and clear message about the requirements of the law. Setting perimeters with a different distance at each NHS hospital site could lead to confusion about what constitutes an offence. However, the Scottish Government will consult health boards in developing the details of the smoke-free perimeter.