Tobacco and Vapes Bill Report Stage: Amendment 1

Wednesday, 26 March 2025 · Division No. 153 · Commons

72Ayes
304Noes
Defeated

275 MPs did not vote

leftGovernment defeatedPro Local Government Funding(Yes)Pro Public Health Spending(Yes)Pro Nhs Funding(Yes)Pro Decentralisation(Yes)

Voting Yes means

Support allowing local authorities to keep fixed penalty notice income to fund public health and trading standards enforcement locally

Voting No means

Oppose ring-fencing fixed penalty notice revenue for local authorities, preferring current central arrangements

What happened: On 26 March 2025, the House of Commons voted on Amendment 1 to the Tobacco and Vapes Bill at Report Stage. The amendment, tabled by Liberal Democrat MP Helen Morgan and colleagues, would have required that money raised from fixed penalty notices issued under the Bill be retained by local authorities and directed toward public health initiatives. The amendment was defeated by 304 votes to 72.

Why it matters: The Tobacco and Vapes Bill is designed to create a "smokefree generation" by progressively raising the legal age of tobacco purchase, meaning a person aged 16 in 2025 would never legally be sold tobacco products. Fixed penalty notices are one of the enforcement mechanisms in the Bill, issued to retailers who breach its provisions. The amendment sought to ensure that fine revenue flowed back to local authorities to fund public health work, rather than going to central government. Its defeat means the existing arrangements, under which some fine income can be retained to make enforcement cost-neutral for local authorities, remain unchanged rather than being expanded into a broader local public health funding stream.

The politics: The Liberal Democrats voted overwhelmingly in favour of the amendment, providing 60 of the 72 aye votes. Labour and Labour and Co-operative MPs voted unanimously against, reflecting the government's position. A small number of Conservatives (4), Plaid Cymru members (3), and Green Party members (3) also voted aye. The broader debate on the Bill showed cross-party support for the core legislation, with Conservatives noting their own party had introduced a similar Bill in the previous Parliament. The Bill passed its Third Reading on the same day by 366 votes to 41, underscoring the wide parliamentary consensus on the underlying policy even as individual amendments were contested.

How They Voted

Government position: No

Labour PartyWhipped No
0 Aye/268 No
Liberal DemocratsWhipped Aye
60 Aye/0 No
Labour and Co-operative PartyWhipped No
0 Aye/30 No
Conservative and Unionist PartyWhipped Aye
4 Aye/0 No
Green Party of England and WalesWhipped Aye
3 Aye/0 No
Plaid CymruWhipped Aye
3 Aye/0 No
Independent
1 Aye/1 No
Democratic Unionist Party
1 Aye/0 No
Traditional Unionist Voice
0 Aye/1 No
Ulster Unionist Party
0 Aye/1 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.

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.

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.

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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