Tobacco and Vapes Bill Report Stage: Amendment 85
92Ayes
303Noes
Defeated · majority 211 · Government won250 did not vote
645 Members · Aye 92 · No 303 · DNV 250 · grey dots in centre are abstentions
Analysis
Commons
Commons
Amendment 85 to the Tobacco and Vapes Bill was defeated on 26 March 2025 by 303 votes to 92. The amendment, tabled by the Conservatives, would have restricted the Secretary of State's powers to designate new smoke-free outdoor places, limiting how broadly the government could extend smoking bans to settings such as pub gardens and other outdoor hospitality venues. The vote matters because it determines how much flexibility the government retains to expand smoke-free zones in the future without returning to Parliament for primary legislation. By defeating the amendment, the Commons preserved powers that the government argues are necessary to future-proof the law. The minister confirmed during debate that the immediate intention is to consult on extending smoke-free outdoor places to areas around schools, children's playgrounds and hospitals, and stated that extending the rules to outdoor hospitality settings is not planned at this time. Private outdoor spaces were described as outside the scope of the Bill's powers entirely. The division was almost entirely along party lines. All 267 Labour MPs and all 31 Labour and Co-operative MPs who voted did so against the amendment. All 83 voting Conservatives supported it, joined by 5 Reform UK MPs, 2 Democratic Unionist Party MPs, 2 independents, 1 Traditional Unionist Voice MP, and 1 Restore Britain MP. The Liberal Democrats, who spoke in debate, had no votes recorded on this amendment. The Bill passed its Third Reading on the same day by 366 votes to 41, indicating broad cross-party support for the legislation overall even where disagreements over the scope of executive powers persisted.
Voting Aye meant
Support restricting the Secretary of State's powers to designate new smoke-free outdoor places, arguing current powers are disproportionately broad and lack adequate parliamentary scrutiny.
Voting No meant
Oppose limiting the smoke-free places powers, backing the government's position that future-proofed legislation is needed to extend smoke-free zones — while committing not to extend them to outdoor hospitality settings at this time.
Each row is one party. The stacked bar gives the within-party split of Aye / No / Absent; the columns on the right give the raw counts. The whip column shows the published party position — “Free vote” means the whip was formally removed for this division.
Party
Whip
Aye / No / Abs
Aye
No
Abs
Labour Party
Whipped No
0
267
94
Conservative and Unionist Party
Whipped Aye
83
0
33
Liberal Democrats
—
0
0
71
Labour and Co-operative Party
Whipped No
0
31
11
Independent
—
2
1
10
Scottish National Party
—
0
0
9
Reform UK
Whipped Aye
5
0
2
Sinn Féin
—
0
0
7
Democratic Unionist Party
—
2
0
3
Green Party of England and Wales
Whipped No
0
3
1
Plaid Cymru
—
0
0
4
Social Democratic and Labour Party
—
0
0
2
Your Party
—
0
1
1
Alliance Party of Northern Ireland
—
0
0
1
Restore Britain
—
1
0
0
Speaker
—
0
0
1
Traditional Unionist Voice
—
1
0
0
Ulster Unionist Party
—
0
1
0
Source · Hansard · UK Parliament Votes API · whip status from announced positions; “free vote” indicates the whip was formally removed
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.Labour · Voted no · Read full speech (4,874 words) →
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.Conservative · Voted aye · Read full speech (1,907 words) →
Warns that the generational smoking ban will inevitably increase the illegal tobacco market, a highly regrettable unintended consequence that requires monitoring and enforcement action.Conservative · Voted aye · Read full speech (47 words) →
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.Conservative · Voted aye · Read full speech (2,565 words) →
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.Conservative · Voted aye · Read full speech (1,627 words) →
Seeks confirmation that fixed penalty notice fines will be retained by local authorities for public health spending to offset enforcement costs.Labour · Voted no_vote_recorded · Read full speech (65 words) →
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.Labour · Voted no · Read full speech (1,625 words) →
Sources
Division dataUK Parliament Votes API
DebateHansard · Commons
Stance analysisAI analysis · Claude 4.x
LicenceOpen Parliament Licence v3.0