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Tobacco and Vapes Bill

My Lords, I will speak in favour of the amendments tabled by my noble friend Lord Murray of Blidworth. I will concentrate on one narrow area—one of the practical aspects of this generational ban—which, as my noble friend Lord Clarke highlighted, is the inevitable difficulty of age verification in stores. I am sure the Minister will soon argue that age verification is a well-established practice and therefore should present no particular difficulty, but the implications of the Bill in a few years’ time are profound, as my noble friend noted.

Judging the difference between an 18 year-old and a 40 year-old by eye is not especially difficult—although at this point I note that there are a number of Peers on the Government Benches who regularly claim that

even that is impossible in the case of asylum seekers. But how is a shopkeeper supposed to judge the precise age of someone who is apparently 40 years old in a few years’ time? Is he 40? Is he 39? Is he 40 in 364 days? I am sure that we will soon hear the argument that the point is actually somewhat moot, because that 40 year- old born after the 1 January 2009 will have never smoked or shown any desire to smoke because of the Bill. But that is simply not a credible argument. As my noble friend Lord Murray noted, the generational ban is a de facto prohibition, and one does not need to be a dedicated student of history to know that prohibition of any kind has never worked. Indeed, it serves to make whatever is being prohibited more desirable, more glamorous and more edgy. Plenty of people will still choose to smoke.

In effect, the state will therefore be asking shopkeepers to both comply with and police the law at the same time. To put some statistics around this, the Association of Convenience Stores represents 50,000 local shops, petrol forecourt sites and independent retailers across all locations. Last year, it reported that there were 57,000 incidents of violence against people working in convenience stores. Some 87% of store workers reported verbal abuse and 44% reported hate-motivated abuse. The top three triggers of this violence epidemic were encountering shop thieves, enforcing age restriction policies and refusing to serve intoxicated customers. Does the Minister think this will get any better when the shopkeeper has to ask two middle-aged men for their passports—or, indeed, an 85 year-old for his birth certificate?

Today, I read that the British Retail Consortium has reported that there were 1,600 incidents of violence and abuse per day in shops in the year 2024-25. That is down from the previous year, but it is still a staggering number. It is welcome that the Crime and Policing Bill will make assaulting a retail worker an aggravated offence, but that is, I contend, highly unlikely to make any difference at all to the number of incidents around age verification, which are inevitable. I am sure the Minister will also refer to the increase in police numbers and neighbourhood policing officers due by 2029. That is also welcome, of course, but I note that the previous Government bequeathed more police officers than ever before in this country, and that did not have a noticeable impact. The simple fact is that this measure will inevitably cause more trouble, and the Government will be unable to do much about that. It is ludicrous to pass a law that will provoke the breaking of other laws.

My noble friend Lord Murray’s amendments would achieve the Government’s aims without causing this needless aggravation. The Government’s own impact assessment states that a one-off increase in the age of sale to 21 would be just as effective in the short term at reducing smoking rates, compared with a generational smoking ban. The Government should change tack and accept my noble friend Lord Murray’s amendments.