Smoke-free legislation: The UK and New Zealand

1. Tobacco and Vapes Bill

In 2019, the UK government announced its ambition for England to become ‘smoke-free’ by 2030, defined as a reduction in the prevalence of smoking in England to less than 5% across the whole population.^[1] In October 2023, during his speech to the Conservative Party conference, Prime Minister Rishi Sunak announced the government would raise the smoking age by one year each year.^[2] In a policy paper published on 4 October 2023, timed to coincide with Mr Sunak’s speech, the government confirmed it intended to bring forward legislation to make it an offence for people born on or after 1 January 2009 to ever be sold tobacco products when they reach adulthood.^[3]

Sir Chris Whitty, the chief medical officer for England, and the NHS Confederation both praised the plan, arguing it would improve public health and prevent disability and death.^[4] Labour also said it would support the prime minister’s proposals. However, critics of the bill, including the Institute of Economic Affairs, argued the plan would discriminate against certain adults based on age.^[5] It also argued this policy could lead to a black market in cigarettes and missed tax revenues.

A bill to implement this annually rising legal smoking age policy, the Tobacco and Vapes Bill, was included in the 2023 King’s Speech and introduced in the House of Commons on 20 March 2024. The bill completed committee stage in the House of Commons on 14 May 2024.

2. New Zealand smoking age policy

The introduction of an annually rising legal smoking age has previously been attempted in New Zealand. However, the relevant provisions introducing this change were repealed before they could come into force.

In 2011, the then National government announced its intention to make New Zealand smoke-free by 2025.^[6] As in the UK, smoke-free was defined as a prevalence of smoking of less than 5%. Since 2011, New Zealand has introduced measures aimed at reducing smoking rates including increasing tobacco excise duty by inflation plus 10% each year, standardised packaging for tobacco products and stop smoking campaigns.^[7]

In December 2022, the New Zealand Parliament passed the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act 2022.^[8] This legislation, introduced by the then Labour government led by Jacinda Ardern, would have initially prohibited the sale of smoking tobacco products to anyone born on or after 1 January 2009. These restrictions were due to come into effect from 1 January 2027 and would have applied to anyone aged under 18.^[9] Other measures in the act included limiting the number of retailers able to sell tobacco products.

In June 2022, the then Labour government led by Jacinda Ardern introduced the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill in the New Zealand Parliament.^[10] The bill would have initially prohibited the sale of smoking tobacco products to anyone born on or after 1 January 2009. These restrictions were due to come into effect from 1 January 2027 and would have applied to anyone aged under 18.

During first reading of the bill, then Associate Minister of Health Dr Ayesha Verrall argued smoking was the leading cause of preventable deaths in New Zealand.^[11] She said the government believed there was “no safe age to start smoking” and that the bill would create the first “smoke-free generation”. The then health spokesperson for the opposition National Party, Dr Shane Reti, said his party had doubts about the effectiveness of the measures in the bill, including those concerning the smoking age. He said this policy presented several risks, including the development of a black market in tobacco products.

Third reading, the final stage in the New Zealand Parliament before royal assent, took place on 13 December 2022.^[12] During the debate, the National Party said it would refuse to approve the bill. Dr Reti said his party agreed with the government objective of reducing smoking but disagreed with its approach as outlined in the bill. He argued the proposal to create a smoke-free generation was unproven and that “the risks and the collateral damage were too great”.

The bill was passed by 76 votes to 43. The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Act received royal assent on 16 December 2022.

In January 2023, Jacinda Ardern resigned as prime minister and was replaced by Chris Hipkins. Labour went on to lose seats in the subsequent 2023 general election, coming second to the National Party.^[13] Following the election, the new National Party-led government announced it intended to repeal some of the provisions in the 2022 act, including both the introduction of an annually rising legal smoking age and the new cap on the number of approved smoked tobacco retail premises.^[14] Reversing this policy had not formed part of the National Party’s general election campaign.^[15] However, it had been supported by the New Zealand First Party and the ACT Party, both of which form part of the National Party’s coalition in government.

The Smokefree Environments and Regulated Products Amendment Bill received its first reading in the New Zealand Parliament on 27 February 2024.^[16] During the debate at first reading, Associate Minister of Health Casey Costello said the government still wanted to reduce smoking rates and remained committed to the 2025 smoke-free goal set in 2011. However, she argued the existing regulatory regime meant that New Zealand was already on course to achieve less than 5% of people smoking daily by 2025. She described the last government’s approach as “untested” and “virtue signalling”.^[17] Chris Hipkins, the leader of the opposition, criticised the government, accusing it of damaging public health and describing the proposed bill as “morally reprehensible”.^[18] The bill completed all its stages on 27 February 2024 and received royal assent on 4 March 2024.^[19]

3. Response to New Zealand policy change in the UK

The decision by the New Zealand government to repeal the planned annually rising smoking age was referred to on several occasions by opponents of similar measures in the Tobacco and Vapes Bill during the bill’s second reading.^[20] For example, Sir Simon Clarke (Conservative MP for Middlesbrough South and East Cleveland) argued the decision to repeal these provisions was evidence the policy would be unworkable in the UK.^[21] Former Prime Minister Liz Truss also noted the decision by the new government of New Zealand to repeal this legislation. She argued the measures were introduced originally by a Labour government and argued they were based on a “state knows best” orthodoxy which ran counter to what she argued were conservative principles of “freedom”.^[22] Parliamentary Under Secretary of State for Health and Social Care Dame Andrea Leadsom did not refer to the recent developments in New Zealand in her response to the issues raised during second reading. However, she said the government proposals were necessary to prevent the cycle of addiction to nicotine, often developing in childhood as a result of peer pressure.^[23] She argued the bill was “not about freedom to choose” but rather “about freedom from addiction”.^[24] Shadow Health and Social Care Secretary Wes Streeting also spoke in support of the bill, arguing it would improve public health and reduce public spending.^[25]

The motion to give the bill second reading was passed by 383 votes to 67.^[26] The government announced this would be a free vote for Conservative MPs and 58 Conservatives voted against the bill, including Liz Truss and Sir Simon Clarke. 179 Conservatives MPs voted for the bill.

The Tobacco and Vapes Bill completed committee stage in the House of Commons on 14 May 2024. However, the bill did not complete any further stages before the end of the 2023–24 session and therefore fell. Rishi Sunak indicated the Conservatives would seek to reintroduce this legislation if it returned to government.^[27] The Labour Party has also said it would introduce these proposals if it formed the next government.^[28]

---

Cover image by Cristian Guerrero on Unsplash.