Hansard

Thank you, convener. Since I provided evidence to the committee on 6 May 2025, the Tobacco and Vapes Bill has continued to progress through the UK Parliament. The third reading in the House of Lords took place yesterday.I am delighted to say that there continues to be cross-party support for the bill and for creating a tobacco-free Scotland for future generations. I am also pleased to let Parliament know that there continues to be productive and constructive engagement across the four nations over the bill’s development.The amendments that are covered in this supplementary legislative consent memorandum further strengthen the bill and are in line with the tobacco and vaping framework and the population health framework.Today, we are focused on a second supplementary LCM that was lodged in our Parliament on 27 February. It covers amendments on filters, technology in devices, advertising for public health and liability for internet service providers.When introduced, the bill did not cover filters. The amendments bring filters into the scope of the bill, ensuring that the legislation is as comprehensive and future proof as possible. The new powers to extend provisions in Scottish legislation to filters rest with the Scottish ministers and will be subject to the affirmative procedure, allowing appropriate scrutiny by the Scottish Parliament.The powers that are included in the parts of the bill that cover product requirements and advertising rest with UK ministers but will require the consent of the Scottish ministers where regulations contain devolved provision. I want to assure Parliament that any future regulations on filters will be informed by consultation.Unfortunately, the technology in vaping devices and tobacco-related devices is developing rapidly. There are now vapes that contain games, messaging capabilities or Bluetooth connectivity—features that will undoubtedly appeal to young people. The amendments on technology in devices give powers to the secretary of state to regulate technology in vaping products or tobacco-related devices, such as heated tobacco devices. There will be a requirement for the secretary of state to obtain the consent of the Scottish ministers if any future regulations contain provision that would be within the legislative competence of the Scottish Parliament.The amendment on advertising for public health provides clarity around the intentions of the bill and will introduce a new defence for advertising offences when a person is acting in accordance with arrangements made by a public authority. That will ensure that public authorities can enter into arrangements with businesses such as pharmacies to show materials that promote vaping or other non-medicinal nicotine products for public health campaigns. However, that does not mean that we are proposing to change our stance on vapes. Vapes are helpful to some people who wish to quit smoking and services should support people who make the choice to use a vape, but they are not without harm and they are not available via stopping smoking services in Scotland.The intermediary liability for internet service providers amendment will ensure that there are exceptions to offences where a completely passive internet service is being provided. That applies to devolved and reserved offences. The amendment will not change the intended policy but will provide clarity on where the liability rests.We continue to work across the four nations on the bill and officials have started to consider co-ordinated implementation plans where they are appropriate and right for Scotland. Most of the relevant enabling powers will require consultation before regulations are made. The Scottish Parliament will have the opportunity to scrutinise the content of future regulations to ensure that they meet the needs of Scottish policy.I finish by thanking the committee for its consideration of the LCM. I recommend that the Scottish Parliament gives its consent to the amended provisions in the Tobacco and Vapes Bill.