Tobacco and Vapes Bill: RPC opinion (green-rated) November 2024
Regulatory Policy Committee鈥檚 opinion on DHSC's impact assessment for the Tobacco and Vapes Bill.
Documents
Details
皇冠体育app 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.
皇冠体育app 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. 皇冠体育app Bill鈥檚 IA covers a range of elements via a series of powers.聽 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). 皇冠体育app 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. 皇冠体育app IA now discusses disproportionate effects on SMBs and outlines mitigation, including some stakeholder engagement and lead-in times for implementation. 皇冠体育app 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
皇冠体育app 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. 皇冠体育app 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.
皇冠体育app 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. 皇冠体育app 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: