Tobacco and Vapes Bill Report Stage: New Clause 19

Wednesday, 26 March 2025 · Division No. 152 · Commons

159Ayes
307Noes
Defeated

180 MPs did not vote

rightGovernment defeatedAnti Smoking Ban(Yes)Pro Smokefree Generation(No)Tough On Illicit Trade(Yes)Pro Public Health Regulation(No)

Voting Yes means

Support requiring the government to assess and address the growth of the illegal tobacco market that may result from the generational smoking ban

Voting No means

Oppose adding this clause, arguing the generational smoking ban's public health benefits outweigh concerns about illicit trade, or that existing measures are sufficient

What happened: On 26 March 2025, the House of Commons voted on New Clause 19, a proposed addition to the Tobacco and Vapes Bill at Report Stage. The clause was defeated by 307 votes to 159. New Clause 19 sought to require annual government reporting on the rate of illegal tobacco sales and the availability of illicit tobacco products, responding to concerns that the Bill's generational smoking ban would expand an already significant black market in tobacco.

Why it matters: The clause would have placed a statutory duty on the government to monitor and report publicly on illicit tobacco sales each year. Supporters argued this evidence base was essential to understand whether the generational ban was pushing more smokers toward unregulated, potentially more harmful, black market products. Opponents, including the government, took the position that existing powers in the Bill were sufficient and that additional reporting requirements were unnecessary. In practical terms, the defeat means there is no new legal obligation on ministers to track or publish data on illegal tobacco market trends as the generational ban takes effect.

The politics: The vote divided sharply along party lines. All 304 Labour and Labour and Co-operative MPs present voted against the clause, while Conservatives provided the bulk of the 159 ayes, joined by all Liberal Democrats voting, Reform UK members, Plaid Cymru and the Democratic Unionist Party. The Greens sided with the government in opposition. This cross-party opposition alliance is notable given that the Bill itself passed its Third Reading on the same day by 366 votes to 41, demonstrating that the broader legislation commanded wide support while specific amendments remained contested. The black market concern was a recurring theme from Conservative and some independent voices throughout the day's proceedings, though the government resisted all such additions to the Bill's core framework.

How They Voted

Government position: No

Labour PartyWhipped No
0 Aye/273 No
Conservative and Unionist PartyWhipped Aye
84 Aye/0 No
Liberal DemocratsWhipped Aye
61 Aye/0 No
Labour and Co-operative PartyWhipped No
0 Aye/31 No
Reform UKWhipped Aye
5 Aye/0 No
Independent
3 Aye/1 No
Green Party of England and WalesWhipped No
0 Aye/3 No
Plaid CymruWhipped Aye
3 Aye/0 No
Democratic Unionist Party
2 Aye/0 No
Traditional Unionist Voice
1 Aye/0 No
Ulster Unionist Party
1 Aye/0 No

What They Said in the Debate

Dr Caroline Johnson

Conservative · Sleaford and North Hykeham

Opposed

Supports tobacco control but opposes the Bill's broad powers allowing the Secretary of State to designate smoke-free places without consultation or justified public health grounds; advocates for restricted powers, mandatory pre-implementation licensing consultation, and annual reports on illegal tobacco markets.

Voted Aye

Sir Ashley Fox

Conservative · Bridgwater

Opposed

Warns that the generational smoking ban will inevitably increase the illegal tobacco market, a highly regrettable unintended consequence that requires monitoring and enforcement action.

Voted Aye

Jack Rankin

Conservative · Windsor

Opposed

Argues the black market already exists significantly (44% drop in duty-paid cigarettes despite only 0.5% reduction in smoking) and the Bill increases that risk, so evidence-gathering via amendment 19 is essential.

Voted Aye

Mr Joshua Reynolds

Labour · Maidenhead

Questioning

Seeks confirmation that fixed penalty notice fines will be retained by local authorities for public health spending to offset enforcement costs.

Voted Aye

Sir John Hayes

Conservative · South Holland and The Deepings

Neutral

Emphasises that illegal tobacco sales are linked to serious organised crime and money laundering, often by foreign-owned shops, and urges stronger support for trading standards and police enforcement.

Voted Aye

Ashley Dalton

Labour · West Lancashire

Supportive

Defends the Bill as watershed public health legislation that will save lives by ending tobacco sales to future generations, strengthen vaping restrictions for children, and support adult smokers via stop-smoking services and vape-as-quit-aid schemes.

Voted No

Preet Kaur Gill

Labour · Birmingham Edgbaston

Supportive

Welcomes the Bill as world-leading public health legislation that will reduce smoking prevalence and protect NHS resources from being overwhelmed by preventable tobacco-related illness.

Voted No

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