Terminally Ill Adults (End of Life) Bill (Sixth sitting)
The Committee consisted of the following Members:
Chairs: Peter Dowd, Clive Efford, Sir Roger Gale, † Carolyn Harris, Esther McVey
† Abbott, Jack (Ipswich) (Lab/Co-op)
† Atkinson, Lewis (Sunderland Central) (Lab)
† Campbell, Juliet (Broxtowe) (Lab)
† Charalambous, Bambos (Southgate and Wood Green) (Lab)
† Francis, Daniel (Bexleyheath and Crayford) (Lab)
† Gordon, Tom (Harrogate and Knaresborough) (LD)
† Green, Sarah (Chesham and Amersham) (LD)
† Hopkins, Rachel (Luton South and South Bedfordshire) (Lab)
† Joseph, Sojan (Ashford) (Lab)
† Kinnock, Stephen (Minister for Care)
† Kruger, Danny (East Wiltshire) (Con)
† Leadbeater, Kim (Spen Valley) (Lab)
† Malthouse, Kit (North West Hampshire) (Con)
Olney, Sarah (Richmond Park) (LD)
† Opher, Dr Simon (Stroud) (Lab)
† Paul, Rebecca (Reigate) (Con)
† Richards, Jake (Rother Valley) (Lab)
† Sackman, Sarah (Minister of State, Ministry of Justice)
† Saville Roberts, Liz (Dwyfor Meirionnydd) (PC)
† Shah, Naz (Bradford West) (Lab)
† Shastri-Hurst, Dr Neil (Solihull West and Shirley) (Con)
† Tidball, Dr Marie (Penistone and Stocksbridge) (Lab)
† Woodcock, Sean (Banbury) (Lab)
Lynn Gardner, Lucinda Maer, Jonathan Whiffing, Committee Clerks
† attended the Committee
Witnesses
Dr Chloe Furst, dual trained geriatrician and palliative care physician, South Australia; board member of Voluntary Assisted Dying Australia and New Zealand
Alex Greenwich MP, Member of Parliament for Sydney, Parliament of New South Wales
Professor Meredith Blake, University of Western Australia
Public Bill Committee
Thursday 30 January 2025
[Carolyn Harris in the Chair]
Terminally Ill Adults (End of Life) Bill
Examination of Witnesses
Dr Furst, Alex Greenwich and Professor Blake gave evidence.
We are now sitting in public and the proceedings are being broadcast. I remind Members to switch off any electronic devices. We will now hear oral evidence from Alex Greenwich, MP for Sydney in the Parliament of New South Wales, and from two witnesses joining via Zoom: Dr Chloe Furst, a dual-trained geriatrician and palliative care physician in South Australia and a board member of Voluntary Assisted Dying Australia and New Zealand, and Professor Meredith Blake from the University of Western Australia. Could the witnesses briefly introduce themselves for the record, starting with Alex Greenwich?
Alex Greenwich: My name is Alex Greenwich, Member for Sydney in the New South Wales Legislative Assembly, and I introduced our voluntary assisted dying laws.
Dr Furst: Hi, nice to see you all. I am a geriatrician and palliative care specialist in South Australia. I have been quite instrumental in the implementation of South Australia’s voluntary assisted dying laws. I am a practising practitioner with experience with over 150 patients.
Professor Blake: Nice to see you all. I am a professor of criminal law, and health law and policy, in the law school at the University of Western Australia. I have been writing, researching and presenting in the area of end-of-life choices for about 25 years.
Before calling the first Member, I remind all colleagues that questions should be limited to matters within scope of the Bill. We have to stick to the timings set out in the programme motion. The first session will finish at 12.30 pm, so can we stick to the points and keep them as short as possible, please? Members who wish to ask a question have indicated that, and I will call them in no particular order. I will start with Simon Opher.
Q
Dr Furst: The medications are completely effective. I have not experienced any failures. One of the things I feel quite comfortable reassuring my patients and their families is that this medication absolutely works.
In terms of oral administration—the default option in South Australia unless the patient cannot consume the medication or has problems with absorption—it puts them to sleep within a couple of minutes. They are heavily sedated, as if undergoing an anaesthetic, and then death ensures—that is, the heart stops and respiration stops. For about 95% of patients, that happens within about half an hour. There is a small, small percentage of patients who will continue to be sedated but circulation will not cease for some hours after that. We warn patients and, more importantly, their families that this may be the case, and that is an enzymatic issue.
The medication it is highly effective. Personally, I have not had any experience where patients have had complications—vomiting, respiratory distress or any other concerns. Certainly in South Australia, those have not been issues that have been reported to us. I think there have been a couple of cases of vomiting elsewhere, but the medication has worked in all cases, as far as I am aware, around Australia as well, so this has not been an issue.
IV administration is also highly effective. By the time the medication has been administered completely, the patient is deceased.
This works—it is peaceful. Patients say to me, “I want to go to sleep and not wake up,” and that is absolutely what happens. It is a very peaceful death.
Q
Dr Furst: There have been no failures of treatment in South Australia, as far as I am aware. I am not aware of any other particular ones around the country that have been heavily broadcast to us.
Q
Dr Furst: Every legislation within Australia is slightly different. For South Australia and Victoria, you are correct—well, there is pretty much no obligation all around Australia for a doctor to be present for self-administration. The reason for that is to give individuals autonomy over their death, and over the time and place of their choosing. We in South Australia do touch base with what we call the individual’s contact person to understand if there have been any complications and to check in after the death. A large number of our patients, though, will seek out support from a voluntary assisted dying nurse navigator, who is often present in the house just as a support person. We do also have a lot of feedback from them as to any complications, but the doctor often, or a nurse, will come at a later time to declare life extinct.
The reasoning was that we did not think that there would be complications and we wanted to give people autonomy. We work on a permit system in a lot of jurisdictions in Australia, so people have a permit; they get given their substance and they can take their substance at a time of their choosing. They might have the substance in their house for weeks or months, potentially. Again, there is no obligation to follow through with taking that substance, which we also think is quite important. We know that in Australia, about 30% of patients who have a permit or who are approved for voluntary assisted dying actually decide that they do not want to consume the substance, but it is about giving them that choice and autonomy, and the strength to maybe pursue other lines of therapy.
Q
Dr Furst: I am in South Australia, but a recent survey by Palliative Care Australia surveyed over 900 palliative care specialists, and more than 80% of patients receiving voluntary assisted dying are actually getting combined palliative care and voluntary assisted dying. In our legislation in South Australia, there are key provisions for the monitoring of the funding to palliative care to ensure that no palliative care funding is diverted to voluntary assisted dying, but we feel very strongly that palliative care and voluntary assisted dying should go hand in hand. That is a feeling that is being seen around the country now. Palliative care physicians who are finishing off training now see voluntary assisted dying as part of their core business. It is no longer seen as something that should be provided by separate practitioners. It is really becoming quite integrated.
Professor Blake: I am coming in from Western Australia. We were the second jurisdiction in Australia to introduce voluntary assisted dying laws. Ours have been operative since July 2021, so we have had the opportunity to collect quite a lot of data. Year on year, the number of people utilising voluntary assisted dying in Western Australia is increasing. In the year 2023-24, there were 292 deaths by voluntary assisted dying, which represented 1.6% of WA deaths. I agree with Chloe and confirm her view around the palliative care side of things: 83.8% of those persons who accessed voluntary assisted dying were also accessing palliative care.
Q
Dr Furst: It has been a journey, certainly. Victoria started their voluntary assisted dying in 2019. I would be lying if I said that the palliative care community were completely on board with it at that point, but over the last five to six years there has been a real shift in mentality. We have seen that they can go hand in hand. Palliative care is about end-of-life choices. Voluntary assisted dying is about end-of-life choices. It is about putting the patient and the individual front and centre, and working with them. That is fundamental to palliative care. We have realised that voluntary assisted dying is a promotion of palliative care and it gives back choices.
Probably some of the older palliative care clinicians have not embraced voluntary assisted dying quite as much. That is probably very generalised, but certainly new consultants and new doctors that are coming through really see this as something that they want to do. I do not think that there is any animosity any more between the practitioners that choose to work in this space and those that do not. I get huge amounts of support from other palliative care physicians that do not necessarily act as practitioners. There is no real divide. It has been embraced, to be honest. In another five years, I think there will probably be very few palliative care practitioners who do not support this, unless they are true conscientious objectors for their own reasons—I guess, probably religious reasons. Palliative Care Australia and the peak medical bodies in Australia have generally shifted to see this as part of patient choice.
Alex Greenwich: The journey to voluntary assisted dying in New South Wales, and indeed across every Australian state, has benefited palliative care access and funding. In New South Wales, 85% of people who have accessed voluntary assisted dying are receiving palliative care. As part of the process, the co-ordinating and consulting practitioners also advise them on palliative care. The doctors are trained on the latest advances in palliative care. Baked into the principles of our legislation is access to palliative care for all citizens of New South Wales. Importantly, throughout our debate, whether Members supported or opposed the reform, our entire Parliament came together to ensure palliative care received an increase in funding and any access issues were addressed. The Australian experience with voluntary assisted dying is that it benefits and strengthens the palliative care system.
Professor Blake: Can I can I add to that? The Voluntary Assisted Dying Board in WA, as in all the other jurisdictions, produces a report. The very strong sentiment of the Voluntary Assisted Dying Board, and indeed within the Western Australia community, is that voluntary assisted dying is seen as part of the end-of-life journey. The board’s report states that the statistics and experience of Western Australians
“confirms…that voluntary assisted dying is an established and enduring end of life choice”.
For that reason, there has been quite a significant awareness that practitioners should be able to bring up voluntary assisted dying with the patient as part of that suite of end-of-life choices. That has been something that the evidence has suggested is very important, because if the practitioners are feeling that they cannot raise it in that context, that is having a detrimental effect on the patients who would like information on it. That has been our experience in Western Australia.
Q
Alex Greenwich: Thank you very much for your question. At the outset, I will just stress that every jurisdiction should legislate the form of voluntary assisted dying that is appropriate to them. In New South Wales, that was six months for a terminal illness, or 12 months if that terminal illness was a neurodegenerative disorder. We had learned from the other schemes in Australia that that was going to be important because of the decline that occurs in neurodegenerative disorders like motor neurone disease, for example. It was because of that that we went down that path.
Professor Blake: I should add that in Queensland, there is no such distinction in life expectation between other diseases and neurodegenerative diseases. Queensland legislation is different: it sets a 12-month period of expected death, and the reason for that approach was in response to feedback from people living with neurodegenerative disease that they felt that they were being put in a different position to people suffering from, or experiencing, other terminal illnesses. The Queensland Parliament took a different approach to address that particular feedback.
Dr Furst: From South Australia’s perspective, we are similar to New South Wales; we have less than six months for all conditions bar neurodegenerative conditions, which is less than 12 months. As a clinician, personally, I think that 12 months for neurodegenerative conditions is really helpful, because—as you have heard—if you are looking at prognosis and trajectories, with things like cancer, a patient will be going along and then often have quite a steep and rapid decline. That six-month prognosis is quite noticeable, but for patients with conditions like motor neurone disease, their decline can be slow and very distressing to them. Also, when trying to balance the prognosis along with getting them through the process, 12 months is really helpful, so if there was any chance, I would be strongly advocating for that.
Q
It is really valuable for us as a Committee to hear your reflections on the experience of the process of passing this legislation. How did you manage to keep that process patient-centred but also take into account the concerns around the broader societal issues, particularly when it comes to equality and human rights—those really important issues? What was that process like, and what are your reflections on it? Also, Dr Furst and Professor Blake, one thing that I feel really strongly about is having really good training around assisted dying, and end-of-life care and choice. Would you like to make any comments on what that looks like?
Alex Greenwich: Thank you very much for that question. I will take you through a little bit of the journey to voluntary assisted dying in New South Wales, what encouraged action, and then the safeguards that we put in place.
The New South Wales coroner had reported to us that there were a number of really horrible suicides of people with terminal illnesses who felt they had no option—that those were cruel and lonely suicides. That was backed up by paramedics and police who would arrive on site. Myself and my parliamentary colleagues decided, “We can do better, and we can regulate in this space.” Voluntary assisted dying in New South Wales is an important form of suicide prevention. What voluntary assisted dying does, in the model that we legislated, is ensure that a person who has a terminal illness and knows that it is going to be a cruel and painful end of their life is instead directed to a doctor—a doctor who will be able to take them through all of their palliative care options, provide and link them with social supports, and give them the choice to have a death that is better than their illness would otherwise provide.
It has been important to make sure that our legislation is limited to that cohort of people who are terminally ill and know they will have a cruel end of life. Our legislation is not about people with anorexia nervosa. It is not about people with a disability. It is not about people who are feeling a burden. It is about a very limited and narrow cohort of people who know that they are going to have a very cruel and painful end of their life, and want that control to know that they can have a death that is better than what their illness would otherwise provide.
We have ensured that decision-making capacity needs to be enduring. We have ensured that a person cannot be under any form of coercion. We ensured that we had a really strong period of implementation, from the time the Bill was passed to 18 months later, when it came into effect, to make sure that our health system and the various doctors required training.
In New South Wales, the experience of voluntary assisted dying is that it has been a form of suicide prevention, and that it has also been, as I explained earlier, very pro-palliative care. As I reflect on our parliamentary debate, it was also one of the first times that our Parliament had grappled with the concept of death. We were very honest about it, and we were very honest in having to admit that we are all going to die, that there are some people with some terminal illnesses who are going to die in a really cruel and painful way, and that we could provide them with an option of control, peace and respect. We believe, and our annual reports into our legislation indicate, that we have been able to provide that. I am happy to answer any further questions, but I will wrap up on that.
Professor Blake: Given that the Western Australia legislation has been in force rather longer than the other jurisdictions that have been talked about today, we have had the opportunity to reflect upon it—I am speaking here as a lawyer; I assume that is why I have been invited to talk—and that has revealed some of the very good things about the working of the legislation, but also some of the challenges that have emerged.
As Dr Furst has said, the legislation in all Australian jurisdictions varies slightly, but it follows a particular legislative model, and is highly prescriptive. It requires a number of requests and, in Western Australia, assessment by two different practitioners. In Western Australia, there is no judicial double-checking of that process. Although I note that that is contemplated within the UK law, that is not something that we have found to be necessary or even appropriate in Western Australia, and I think that would be the case in other Australian jurisdictions.
One of the issues we have experienced is that there is a struggle to get people to take up the training, whether that be medical practitioners or nurse practitioners. One of the thoughts around that has been the very prescriptive nature of the model, which requires a lot of work on the part of the practitioners. It is worth bearing in mind when looking at your piece of legislation that the more prescriptive it is, the more work it requires on the part of practitioners, and that is a lot of work. We need those people to undergo the training in order that the process is done properly and all the safeguards that are included within the legislation—and they are extensive—are respected. That is something to bear in mind.
We have prescriptive provisions around capacity and voluntariness and lack of coercion. I would add that we also have a requirement around residency. If we are looking at when the legislation has come before a tribunal or judicial body, the only circumstance—in Western Australia, at least—where it has come before the tribunal, which is the State Administrative Tribunal, has been where the practitioner has regarded the patient as not eligible on the grounds of not fulfilling the residency requirements. There has been no other ground on which a matter has been taken to a judicial body.
You asked about the training. That is an essential requirement for practitioners who are involved in making assessments and in the whole process. It is intrinsic to the operation of the Act. The feedback I have heard is aligned with what Dr Furst has said—that no divisions have arisen within the practitioners here, and that those who have chosen to do the training are indeed very valued and very much appreciated by the people who have accessed the scheme.
I will say two more things about the regulation. One is that in the report that has been handed down, the only negative feedback has been about delays. That has been identified as being due to a lack of education among health professionals. One of the recommendations of the report is that education really needs to increase so that people’s journey on VAD is not unnecessarily delayed and, perhaps, their wishes are not able to be granted.
The second thing is on conscientious objectors: 13.7% of applications for VAD in Western Australia from 2023 to 2024 were declined on the basis of conscientious objection. But in Western Australia, unlike some other Australian jurisdictions, if a practitioner declines to become involved in the process, they are required by law to give the patient an information sheet outlining options around voluntary assisted dying. That is actually mandated in the legislation.
I have probably said enough for now, so I will hand over to Chloe.
Dr Furst: I completely agree with Meredith that the training is fundamental. For most jurisdictions, it probably takes a full day. It is often an in-person event followed by an exam, which you have to pass. In South Australia, we had a whole lot of mandatory questions that you actually had to pass to be eligible, to make sure that you were upholding the legislation.
This is so different from anything else in medicine. In any other part of medicine that I practise, if I see a process that I think can be improved—if I see efficiencies that can be made or bits of the system that are not adding to patient care—I can choose to adapt the process as I see fit to give the patient the care that I want to give or that is compatible with what the patient wishes. That is so different from voluntary assisted dying, where, as Meredith said, it is so legislated, down to who can be a witness for various documents. As a doctor, the amount of documentation that is required for voluntary assisted dying is second to nothing. We just do not do that kind of documentation in any other areas of medicine. So it is quite different, and it really does require being quite precise around that documentation and making sure that you are meeting all the timeframes and guidelines. The training is hugely important in terms of the operational component.
There is also the training around end of life and conversations, and how you support the patient and the families. That is a lot harder to teach. That is, I guess, why people will fall into this, and why a large number of palliative care doctors will do it—because it is already second nature to them or they already have the relationship with the patient and they see these conversations as something they are good at and good at facilitating.
So there are two parts of that training that are really important, and then, as Meredith said, there is also the training we need to be giving to the rest of our workforce, and really all health practitioners. A patient might ask the social worker, the orderly or the dietician about assisted dying, and they have to know how they can respond and how they can connect that individual to the right practitioner. That is really important. We have done a lot of work in South Australia, as all the other jurisdictions have, around upskilling the whole workforce, because this is everyone’s role and job.
I also wanted to speak briefly on what we in South Australia call the gag clause. In South Australia and Victoria, we are not allowed to bring up voluntary assisted dying with patients, and that is really, really problematic. From my perspective, it leads to poor provision of care. In medicine, when I am talking to a patient, in every other area, if they needed treatment, I would be obliged, and it would be good practice, to tell them about all the treatment options that are available to them. If someone had cancer, I would want to be telling them about good palliative care, potentially surgery, and radiotherapy and chemotherapy, yet voluntary assisted dying is the one thing we are not allowed to talk about and is taken off the menu. Some people may not know that voluntary assisted dying is available to them. They might be waiting for me as the doctor to bring it up to them. I have brought up every other option for them; why am I not able to talk about voluntary assisted dying? I just think it is really important that we do not stigmatise voluntary assisted dying and that we see it as a valid option for people.
Professor Blake: To add to what Chloe said, in Western Australia practitioners can raise voluntary assisted dying as long as it is in association with other end-of-life choices, but the way the legislation is worded is confusing, so one of the recommendations in the most recent report is that that be removed altogether so that voluntary assisted dying is treated like any other treatment option. As Chloe indicated, the evidence was that treating voluntary assisted dying differently can compromise the whole end-of-life journey, because it interferes with discussion of other end-of-life options. The strong recommendation from the board is that it be removed altogether and that voluntary assisted dying be treated just like any other appropriate treatment option so that the patient has a true choice.
Colleagues, before we continue, let me say that we have 13 questions and less than 30 minutes, so the question and the answer need to be no more than two minutes.
Q
Dr Furst: Capacity assessments are taken every time a doctor sees the patient. In my state, that would be at first assessment—first request—then a consulting doctor would come and do another hour-long assessment of the patient and assesses capacity at that stage, and then I would come back as the co-ordinating doctor for a second or third assessment of the patient, and assess capacity. They would then be given their drug, if it is self-administered. We assume and hope that they retain capacity, and we strongly advise patients and families that, should they lose capacity, they will have voided their permit and they cannot take the drug, but there is less oversight of that. However, we know that the majority—over 80%—of these patients are connected with palliative care, so we often have community teams going in and seeing them, and we are still touching base with them, maybe more peripherally, and checking capacity as we are having conversations or as we are coming and doing home visits from a palliative care perspective. If it were deemed that the patient is quite delirious, the permit would be voided and we would remove the substance from the house. If it is practitioner administration, we are also, obviously, testing capacity right at the moment that we are administering the substance.
Q
Alex Greenwich: In New South Wales, our legislation deals with and goes through coercion in quite some detail, with pathways to assess it. It deals specifically, for example, with a situation in which someone is under coercion from a person who is a beneficiary of their will; obviously, the person seeking voluntary assisted dying then becomes ineligible. In the space of coercion, that is a key part of the training for a doctor who will be a consulting or co-ordinating practitioner. We have made it a criminal offence in New South Wales, and indeed our board will report on it and on whether eligibility for access to voluntary assisted dying has been denied to someone. Our most recent report indicates that it has.
The overwhelming experience is that having voluntary assisted dying in place is itself a safeguard from coercion for people with a terminal illness. If someone wants to end their life quickly, voluntary assisted dying through a regulated process is not the option that they are going to take. Someone engaging in voluntary assisted dying will be assessed against coercion and against decision-making capacity, and will have to make sure it is an enduring decision.
When we talk about coercion, and the concern that people may currently have in the UK about people with a terminal illness feeling in any way coerced, the experience in New South Wales and elsewhere in Australia is that voluntary assisted dying has provided a safeguard in that regard. Our legislation, the training and the reporting is very clear on that.
Q
Dr Furst: I do not think that is the case. We are seeking out from relatives—within a month, normally—around any complications. As I said, we are also informally speaking to the nurse practitioners who are on site, but I do not think that that has been published as part of our state report. In terms of coercion, I would say that it is much more likely that patients are being coerced into invasive and intensive treatments, like cancer treatments such as chemotherapy, than being coerced into voluntary assisted dying.
Q
Mr Greenwich, you said a couple of things. You said that voluntary assisted dying supports palliative care in terms of funding. I read that although New South Wales committed to spending an extra 743 million Australian dollars on palliative care, in fact the budget was cut by 249 million Australian dollars in 2023; at the same time, New South Wales allocated 97 million Australian dollars in new funding to assisted dying. I do not understand how you think that palliative care benefited from this introduction.
You talked about suicide prevention. The fact is that unassisted suicide rises in states that have assisted suicide laws, because suicide is contagious. It is too early to tell what is happening in New South Wales, but in recent years in Victoria unassisted suicide rose by 50%, while in New South Wales, before it had this law, it stayed the same. Again, I do not understand how you think that this helps with suicide.
We have just heard about the so-called safeguards and we heard yesterday from Australian colleagues. Do you agree that the safeguards that were introduced were in fact impediments to access and that it would be the right thing to do to remove them?
Alex Greenwich: I will try in the time to answer all three of those questions and I am happy to provide more information on notice as well.
On the palliative care funding, it is accurate that New South Wales had a record boost in palliative care funding. Not all of that could be expended as the workforce was being trained up, but that commitment from all sides of our Parliament is there. You can always seek to improve palliative care funding; that in no way should be competing at all with voluntary assisted dying.
When it comes to the question of suicide, as I addressed in my opening statement, voluntary assisted dying is a form of suicide prevention. If someone wishes to end their life, voluntary assisted dying is not the process they are going to take. It is a process that provides a safeguard to ensure that people are getting full information on palliative care and getting social supports.
In terms of the safeguards in our legislation and being proposed in your legislation, it is really important that you have in your head and in your heart the experience of a person with a terminal illness who is going to have a cruel and painful death. We are talking about people who are dying and who want to have a death better than their terminal illness would otherwise provide them with. We are talking about a small cohort to whom we in New South Wales sought to give peace, dignity and control. We are really proud that we did.
I remind colleagues to stay within scope of the Bill, please.
Q
Alex Greenwich: Our experience in New South Wales was based on evidence from doctors and people with the lived experience of a terminal illness. It is an extremely confronting thing to be told that you have a terminal illness, to be told that you have six months to live or to be told, if you have advanced bowel cancer, for example, that your end of life will look like you are going to be choking on your own faeces.
In New South Wales, we decided that it is important that that person, who has been told that they have a terminal illness, is able to have a full conversation with their doctor about all their options—one of those options being that they could have a better death than their illness would otherwise provide them with. We decided that being able to really talk through with your doctor all your options—from access to palliative care, to social supports, to what the process of voluntary assisted dying looks like—was so important. We believe that it is working really well in practice. We would be concerned about gagging those conversations, as that would ensure that a patient is not receiving the full information about their end-of-life choices.
Q
Alex Greenwich: Yes. In our legislation we make it clear that the doctor has to make sure that the patient is aware of their palliative care options, and we have referral pathways for psychosocial support as well. All that is prescribed in the legislation. Obviously, in the training for voluntary assisted dying a lot of that stuff is covered. In the legislation, we also define the things we want to have in that training.
Doctors?
Professor Blake: In Western Australia, which was the second jurisdiction to introduce voluntary assisted dying—
Order. I am sorry, Meredith, but we have to move on to the next question.
Q
Alex Greenwich: New South Wales was last in the nation when it came to adopting voluntary assisted dying, and that was actually beneficial because we were able to draw on the experiences of particularly Victoria and Western Australia to make sure that things like the gag clause were not in place. With all respect to the introducer of the Bill, as a result of the Australian experience this is not a revolutionary law reform. It has been tried and tested, we have appropriate safeguards in place throughout Australia, and they work.
Order. I am sorry, but you are only allowed one question.
Q
Dr Furst: First up, a patient has to specifically ask me about voluntary assisted dying. They have got to use words that really imply that that is what they want. I will often ask any relatives to leave so that I can have a conversation just with them, to try and reduce the risk of coercion, and then invite the family back.
One of the practical things that I often ask the patient is when they started thinking about this. Is it something that they have always considered should be a right, or is it more of a new-found belief given their current suffering? I want to understand what their current suffering is. I ask specifically whether they feel a burden on their family and friends. It is an hour-plus long conversation to really understand them and their suffering.
Again, I make sure they understand all the other treatment options available to them and what good palliative care looks like. I will often be prescribing other medications as part of that good palliative care—opiates and anxiolytics. As a geriatrician, I am also making sure that their mood is also addressed, and that this is not a reactive depression. I am really doing a holistic and comprehensive geriatric assessment as part of that voluntary assisted dying assessment as well.
Q
Dr Furst: All around Australia, mental health as the primary terminal illness is excluded, so anorexia by definition is excluded. I have had a patient come to me with anorexia as their terminal illness requesting voluntary assisted dying. It is a relatively easy assessment because they do not meet the standard criteria, and I was able to explain to them that they were not eligible. But it opens the opportunity to have good, in-depth conversations with them about what they are going through.
I cannot talk to the learning disabilities question, other than to say that every time a patient comes to me the assessment is directed to the patient. I saw a patient today with motor neurone disease who is on continuous bi-level positive airway pressure and is using Eyegaze. The assessment and conversations I have with her are based around what she can do for me. I have had patients who have been able to put a thumb up and down, and I have had trachy patients. I cannot necessarily talk about learning disabilities, but as a holistic practitioner you are trying to make sure that the patient in front of you understands everything and is given the full opportunity to express their wishes.
Professor Blake: I would just say—
Order. I can only take one answer. I am sorry, Meredith, but we have not got time. It is one answer to one question.
Q
Dr Furst: We have experience of those cases in palliative care, but I would still say that they are not eligible for voluntary assisted dying. None of us would feel comfortable, because the condition has to be irreversible. Capacity-wise, you would have to make sure that they had capacity, and I would question whether someone that is anorexic truly has capacity around their illness.
Q
Alex Greenwich: In New South Wales, and across Australia, having a disability or complex mental health issue like anorexia does not make you eligible at all for voluntary assisted dying. The legislation we are dealing with and you are dealing with is not for people with a disability or anorexia nervosa, and not for people who feel they are a burden. It is for people with a terminal illness who may want the choice of a death that is better than what the illness would otherwise provide.
We worked closely with disability groups in New South Wales. Their main concern was that they would be treated equally in terms of access to the law if a person with a disability had a terminal illness. The key point is that this legislation is a safeguard to those concerns. To the point about people who are starving themselves, that is happening today in the UK because people do not have access to voluntary assisted dying. They are starving themselves to death rather than accessing a regulated scheme where they can discuss all their options and choices.
Q
Alex Greenwich: If I think of our health system and how we adopted voluntary assisted dying, like all health systems we were under pressure following the covid pandemic. By legislating in this space you give your health system the priority of dealing with this, making sure doctors are trained to be able to address it and that there is a good implementation period. I believe the Bill has two years, and I think that is completely appropriate to make sure your health system gets up to speed. When it comes to end-of-life choices and healthcare, voluntary assisted dying provides a great deal of honesty and safeguards.
I think this will probably be the last question.
Q
Professor Blake: That is not the evidence that we have got.
Let me just clarify. The state’s own report in 2023-24 had 35%.
Professor Blake: We have in a place a system whereby at least 20 case studies are examined by the board every year to look at the reasons behind the taking up of the option. As a means of checking up on how the system is working, that has proven to be very workable.
There are people who feel that they are a burden. People can feel that they are a burden, and that is part of their autonomous thinking. People have their own views of their own life. The system in place is adhering to the very well-established tests for valid decision making in healthcare generally. If we are talking about people making decisions because they feel like they a burden, well, people make decisions about their healthcare in all sorts of contexts. We have a system of ensuring that decisions are valid, which has proven to be long-standing and successful. That is that the person has capacity, that their decision is voluntary, and that they are informed of the relevant facts and information. That test has stood the test of time, and our legislation, and the legislation throughout Australia, seeks to replicate it.
I would add that with our voluntary assisted dying laws, there is a very clear emphasis on the information that the patient is entitled to. The information that the practitioner has to give to the patient is extensive. It must go through the palliative care options. It must go through with them what voluntary assisted dying involves, and it must also include discussion of, “What if the voluntary assisted dying moment does not work?”
The list of matters that must be discussed by the practitioner is very extensive. In no other sphere of medicine where a patient is working with their healthcare practitioner does this level of informed consent apply. In terms of medical practitioners ensuring that people have the capacity to make the decision, are making it voluntarily and have all the relevant information at their disposal, we cannot find anywhere, in any other context of healthcare, the level of safeguards and protections that we find in this sphere.
If there are people who are saying they are a burden, that does not mean that their decision is not voluntary. That does not mean that they do not have the capacity. It simply is an expression of how they feel. The key thing is not whether they think they are a burden; the key criteria are whether they have the capacity and whether their decision is voluntary and free from coercion. Health practitioners make those assessments all day, every day.
I am taking that as a no.
Order. I remind colleagues that it is unacceptable for a Member to interrupt a witness once they have started answering. That brings us to the end of the time allocated for the Committee to ask questions. I thank all witnesses on behalf of the Committee for their evidence.
Ordered, That further consideration be now adjourned. —(Kit Malthouse.)
Adjourned till this day at One o’clock.
Finance Bill (Third sitting)
The Committee consisted of the following Members:
Chairs: David Mundell, † Valerie Vaz
† Ballinger, Alex (Halesowen) (Lab)
Blake, Rachel (Cities of London and Westminster) (Lab/Co-op)
† Caliskan, Nesil (Barking) (Lab)
† Cross, Harriet (Gordon and Buchan) (Con)
† Davies, Gareth (Grantham and Bourne) (Con)
† Kohler, Mr Paul (Wimbledon) (LD)
† MacDonald, Mr Angus (Inverness, Skye and West Ross-shire) (LD)
† Murray, James (Exchequer Secretary to the Treasury)
† Osborne, Tristan (Chatham and Aylesford) (Lab)
† Poynton, Gregor (Livingston) (Lab)
† Reynolds, Emma (Economic Secretary to the Treasury)
† Ryan, Oliver (Burnley) (Lab/Co-op)
† Stephenson, Blake (Mid Bedfordshire) (Con)
† Strathern, Alistair (Hitchin) (Lab)
† Wakeford, Christian (Bury South) (Lab)
† Wild, James (North West Norfolk) (Con)
† Yang, Yuan (Earley and Woodley) (Lab)
Lynn Gardner, Kevin Maddison, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Morning)
[Valerie Vaz in the Chair]
Finance Bill
(Except clauses 7 to 12, schedules 1 and 2, clauses 15 to 18, schedule 3, clauses 47 to 53 and any new clauses or new schedules relating to the subject matter of those clauses and schedules.)
Good morning everyone. Will Members please ensure that all electronic devices are turned off or switched to silent? We continue line-by-line consideration of the Finance Bill. The selection list for today’s sitting is available in the room and on the parliamentary website. It shows how the clauses, schedules and selected amendments have been grouped together for debate. If any Member wishes to press an amendment in a group to a vote—this includes the new clauses that have already been debated—they need to let me know before we reach them on the amendment paper.
Clause 57
Rate bands etc for tax years 2028-29 and 2029-30
Question (28 January) again proposed, That the clause stand part of the Bill.
It is a pleasure to serve on this Committee with you as Chair, Ms Vaz. Tuesday’s debate on this clause concluded before we came to the decision, but I think the Opposition indicated that they would not oppose it. I commend the clause to the Committee.
Question put and agreed to.
Clause 57 accordingly ordered to stand part of the Bill.
Clause 58
EBTs: prohibition on applying property for benefit of participators etc
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss clauses 59 and 60 stand part.
Clauses 58 to 60 make changes to strengthen the conditions that must be met for transfers of shares into an employee benefit trust to be exempt from inheritance tax. An employee benefit trust is a trust that provides benefits and rewards to employees of a company, often in the form of shares in the company. Under certain conditions, such shares are exempt from inheritance tax. All or most employees need to be capable of benefiting from the trust for the inheritance tax exemption to apply, so it cannot be limited to shareholders of the company or family members, for example.
In 2023, the previous Government launched a consultation on employee ownership trusts and employee benefit trusts. The consultation set out concerns that such trusts were increasingly being used as a tax planning vehicle for shareholders and their families, rather than for a wider class of employees. At the autumn Budget, the current Government responded to that consultation and announced changes to strengthen the conditions that must be met for the transfer of shares into an employee benefit trust to be exempt from inheritance tax.
The changes made by clause 58 will mean that restrictions on shareholders and their family members benefiting from an employee benefit trust must apply for the entire lifetime of the trust. The clause will address cases in which the trust deed allows individuals who are closely connected with a shareholder to benefit after the participator’s death. The clause ensures that the Government’s position is explicitly clear in legislation. The change will come into effect on Royal Assent.
Previously, family members of the shareholder who were excluded from benefiting from the capital of the trust could still receive income payments from the trust. The changes made by clause 59 will ensure that no more than 25% of employees who can receive income payments from an employee benefit trust may be family members of the shareholder. This reinforces the original policy intent of employee benefit trusts to reward and motivate a wide group of employees.
Previously, an individual could set up a company, immediately make a transfer of shares to an employee benefit trust, and obtain an inheritance tax exemption. The changes made by clause 60 will mean that shares must have been held for at least two years before being transferred into the employee benefit trust. The provision will take into account shares held prior to any share reorganisation, and will strengthen protections against employee benefit trusts being used purely for inheritance tax planning purposes.
Clauses 59 and 60 are treated as having come into effect for transfers of value to new and existing trusts on or after 30 October 2024. The clauses will ensure that the tax treatment of employee benefit trusts is consistent with the original policy intent of rewarding and motivating employees, while minimising opportunities for abuse. I commend them to the Committee.
It is, as always, a great pleasure to see you in the Chair, Ms Vaz.
As the Minister set out, clauses 58 to 60 make amendments to requirements for inheritance tax exemptions involving employee benefit trusts. Clause 58 provides that restrictions on shareholders and connected persons benefiting from employee benefit trusts will now apply for the lifetime of the trust. Clause 59 provides that no more than 25% of employees who receive income payments from an EBT can be connected to the shareholders in the company. Clause 60 provides that shares will now need to have been held for at least two years prior to being transferred to the EBT.
As the Minister said, the measures follow on from the consultation launched in 2023, which we referred to when we discussed clause 31 and employee ownership trusts. Although we will not oppose the clauses, I would be grateful if the Minister could comment on one specific issue that was raised during the consultation on the changes. In response to the measure introduced by clause 59, concerns were raised at consultation on behalf of smaller companies using EBTs that may now be forced to exclude certain employees from participating in share scheme arrangements in order to comply with the new requirement. What was the Minister’s assessment of that particular impact? Is he content that the benefits of the changes outweigh that particular risk cited in during the consultation?
I welcome the Opposition’s support for the clauses, which build on the consultation that started when they were in office. The shadow Minister’s question related to what effect the changes might have on small businesses in particular. I will try to answer now, but he is free to contact me if he feels I have not covered his point fully.
The changes we are making to employee benefit trusts will not have an adverse effect on small businesses, because the original policy intent of exempting transfers of value to employee benefit trusts from inheritance tax was to encourage businesses to reward and motivate a wide range of employees. To qualify for the exemption, conditions need to be met that ensure that EBTs that benefit only shareholders and their families, or other people closely connected to shareholders, do not receive preferential inheritance tax treatment. Given that that is the aim in the principles behind the clauses, I am confident that they will not have the adverse effect that the shadow Minister fairly raised. I hope that provides him with some reassurance.
Question put and agreed to.
Clause 58 accordingly ordered to stand part of the Bill.
Clauses 59 and 60 ordered to stand part of the Bill.
Clause 61
Agricultural property relief: environmental management agreements
Question proposed, That the clause stand part of the Bill.
The clause extends the scope of agricultural property relief from 6 April this year to land managed under certain environmental agreements. Agricultural property relief is an inheritance tax relief that reduces the amount that farmers and landowners must pay on land and other property that is owned and occupied for the purposes of agriculture. That will usually be land or pasture that is used to grow crops or to rear animals. Currently, access to APR may be lost where such land is taken out of agricultural production. Some tax advisers and industry representatives believe that provides a potential barrier for some farmers, particularly tenant farmers, to enter certain environmental land management agreements. Following consultation, the previous Government announced that they would extend agricultural property relief to such agreements.
It is of course welcome that more land is to be brought under the scope of agricultural property relief, but given the introduction of the £1 million cap on agricultural property, is it not somewhat redundant? I know the Government use different numbers, but the industry believes that the majority of farms will be over that threshold anyway, so bringing more land within the scope of APR does not actually make much difference to the bill they will have to pay at the end.
As the hon. Lady knows, because we have debated this many times, the data that we have published, based on His Majesty’s Revenue and Customs data, shows that the large majority of small farms will not be affected. I am sure she knows well the statistics on the 530 farms affected by the reforms to APR and business property relief in ’26-27, because she will have seen them in the Chancellor’s letter to the Treasury Committee and we have discussed them many times in this place.
Clause 61 relates specifically to land managed under certain environmental agreements, and was a measure proposed by the last Government. If the hon. Lady allows me to continue explaining why the clause is important, she might feel able to support it, given the benefits it will bring. The clause was welcomed by the sector, and the Government agree with the approach. I can confirm that there have been no changes to the design outlined by the previous Government in March 2024, which is why I hope to get the Opposition’s support for the clause.
As a result of the changes made by clause 61, from 6 April 2025 APR will be available for land managed under an environmental agreement with or on behalf of the UK Government, devolved Governments, public bodies, local authorities or approved responsible bodies. This includes but is not limited to the environmental land management schemes in England and equivalent schemes elsewhere in the UK, as well as any agreement that was live on or after 6 March 2024.
The Government are fully committed to increasing the uptake of environmental land management schemes in England, and we are providing the largest ever budget of £1.8 billion for this in 2025-26. The changes made by clause 61 will ensure that the tax system is not a barrier to uptake, thereby supporting farmers and land managers to deliver, alongside food production, significant and important outcomes for the climate and environment. I commend the clause to the Committee.
As the Minister said, clause 61 brings land managed under an environmental agreement—be that with the UK Government, devolved Governments, public bodies, local authorities or approved responsible bodies—within the scope of agricultural property relief.
I am afraid we have here Labour taking with one hand and providing far less with the other. For the £5 million, which we welcome, that they will give back to farmers each year with this measure, they will take away some £500 million a year through the family farm tax, if the Office for Budget Responsibility’s highly uncertain costings are to be believed. Many farmers, and bodies such as the National Farmers Union, have raised concerns about this. The Chartered Institute of Taxation has queried why the relief remains limited to schemes entered into with public authorities, rather than allowing enterprising landowners to enter into other schemes. I would be interested to hear the Minister’s thoughts on that, but we will not oppose the measure.
I thank the hon. Gentleman for his support for the measure. He made wider points about reforms to agricultural property relief, which we have debated several times. The clause focuses in a targeted way on environmental land management schemes.
The hon. Gentleman asked why private environmental land management that is outside of agreements is not included. I confirm that relief will be available for land managed under an environmental agreement with or on behalf of the UK Government, devolved Governments, public bodies, local authorities or approved responsible bodies. This will ensure that the extension of the relief applies only where there are high, verifiable environmental standards.
Question put and agreed to.
Clause 61 accordingly ordered to stand part of the Bill.
Clause 62
National Savings Bank: statements from HMRC no longer to be required
Question proposed, That the clause stand part of the Bill.
The clause makes changes to remove requirements in limited circumstances that the National Savings Bank, more commonly known as NS&I, obtains from HMRC a statement of inheritance tax paid before making a payment. The regulations concerned are consolidated regulations that confer powers and administrative obligations on NS&I which, before paying out a deceased person’s national savings and securities to personal representatives, must make due diligence checks, such as whether the payee has a grant of probate.
The changes made by the clause remove the requirement to contact HMRC directly to check inheritance tax paid in limited circumstances, including certain domicile conditions. This is no longer required in line with the modern compliance processes. This is a minor change that is connected to, but slightly out of scope of, the reforms for non-UK-domiciled individuals. It is consequential on the non-UK-domicile reforms. I commend the clause to the Committee.
The Minister may think that this is a minor issue—and he will be pleased to know that I agree with him. [Laughter.] I am just waking everybody up. The requirement is redundant and we will not oppose the clause.
I applaud the hon. Gentleman’s theatre in delivering his response, and welcome his support.
Question put and agreed to.
Clause 62 accordingly ordered to stand part of the Bill.
Clause 63
Rates of alcohol duty
I beg to move amendment 66, in clause 63, page 68, line 10, leave out “£32.79” and insert “£31.64”.
With this it will be convenient to discuss the following:
Clause stand part.
Clause 64 stand part.
New clause 2—Review of sections 63 and 64—
“(1) The Chancellor of the Exchequer must, within six months of the passing of this Act and every six months thereafter, review the impact of the measures contained in sections 63 and 64 of this Act.
(2) Each review must consider the impact of the measures on—
(a) Scotch whisky distilleries,
(b) small spirit distilleries,
(c) wine producers and wholesalers,
(d) the hospitality industry, and
(e) those operating in the night-time economy.
(3) Each review must also examine the expected effect of the measures on exports and the domestic wine trade.
(4) A report setting out the findings of each review must be published and laid before both Houses of Parliament.”
New clause 4—Statements on increasing alcohol duty—
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, make a statement to Parliament about the increase to alcohol duty introduced by section 63 of this Act.
(2) The statement under subsection (1) must include details of the impact on—
(a) hospitality sector,
(b) pubs, and
(c) UK wine sector.”
This new clause requires the Secretary of State to make a statement about the impact of increasing alcohol duty.
The amendment would mean the relevant rate of duty would be unchanged from last year. I am one of the few MPs from Scotland on the Committee, but I am sure I am not alone in understanding the vital importance of the Scotch whisky industry not just to Scotland but to the UK economy. However, it bears repeating just how significant the industry is, and I would like to highlight a few key statistics.
Scotland is home to the production of 70% of UK spirits—whisky, gin and vodka. In 2023, Scotch whisky accounted for 74% of Scotland’s food and drink exports, and the industry employed 41,000 people in Scotland and an additional 25,000 throughout the UK. The Prime Minister himself recognised the importance of the industry. He went to the InchDairnie distillery in November 2023, and afterwards tweeted:
“Labour will put growth at the heart of our government and back Scotch producers to the hilt.”
The hon. Member for West Dunbartonshire (Douglas McAllister) echoed this sentiment when he co-signed a letter to the Chancellor prior to the Budget, urging her to:
“Back one of our great industries, undo the damage of last year’s duty increase, and allow Scotch Whisky to deliver for the economy.”
Despite those commitments, the 2024 autumn Budget fails to deliver the support that the Scotch whisky industry so urgently needs.
A new survey reveals that 43% of 18 to 34-year-olds have given up drinking alcohol entirely. The share prices of the biggest two spirit companies halved over the past year. The Bill proposes 1p off a pint of beer, which I think we can all agree is a bit of a stunt, while increasing the tax on spirits by 32p, with a related VAT increase of 6p. That means that the duty is £9.18 on a standard bottle of vodka, gin or Scotch whisky.
Over the past 16 years, the duty on spirits has doubled. I am concerned, and so are many others, that we are plucking the golden goose one time too many. UK alcohol duty is the highest in the G7. A double measure of spirits is taxed four times more than the average-strength pint of cider in pubs, even when the cider contains more alcohol. Effectively, we are taxing whisky, gin and vodka four times as much.
What is worse, this punitive duty does not even deliver more revenue for the Treasury. This is an important point. Last year, the previous Government increased the duty on spirits by 10.1%, but according to HMRC the revenue from the duty fell by £237 million in the following 17 months. That clearly demonstrates that higher taxes on Scotch and spirits do not lead to higher revenue. The increase was forecast to bring in £800 million. Revenue from the duty has therefore fallen dramatically.
I understand that in recent years alcohol duty has risen in line with inflation under the new system. However, freezing it in this Budget would send a clear message that the Government stand behind one of our greatest industries. The troubled hospitality industry and the Scotch whisky industry do not need hollow words of support: they need meaningful action. I urge the Government to freeze alcohol duty on Scotch whisky and other spirits, and keep their promise. The Prime Minister said that we need to
“back Scotch producers to the hilt.”
Let us give this industry the angels’ share that it deserves.
Does the shadow Minister wish to speak?
My hon. Friend the Member for North West Norfolk will speak to this clause, Ms Vaz.
I apologise for the confusion on our side, Ms Vaz. The Committee will be pleased to know that I have lots to say on this clause, so we can all settle in for a while.
Clause 63 increases the headline rate of alcohol duty in line with the retail price index, provides a reduction to the rates for draught alcoholic products and cuts to the rates paid by eligible small producers. The Government have also chosen not to extend the temporary easement for certain wine products. I say at the outset that His Majesty’s Opposition is a strong supporter of the broader alcohol sector, and we have some concerns about the impact that some of the provisions will have on important sectors. As well as speaking to clauses 63 and 64, I will speak to new clause 4, which stands in my name and that of my hon. Friend the Member for Grantham and Bourne.
In 2023, the previous Government introduced a progressive strength-based duty system following the alcohol duty review, which was the biggest review of alcohol duties for more than 140 years. The new and simplified alcohol duty rates system was based on the common-sense principle of taxing alcohol by strength, with the aim of modernising the existing duties, supporting businesses and meeting our public health objectives. That was the first time that public health objectives had been inserted into the alcohol duty system. The reforms also introduced two new reliefs: the draught relief to reduce the duty burden on draught products sold at on-trade venues, and small producer relief.
At the autumn statement 2023, the previous Government froze alcohol duty rates until August 2024, and that was extended until February 2025 at the following Budget. According to the OBR, alcohol duty receipts are expected to raise £12.4 billion this year, falling by 0.6% compared with last year as the rates remain frozen, but receipts are then forecast to increase by 5% a year on average, to reach £15.9 billion by the end of the Parliament.
Pubs make a huge contribution to our culture, economy and communities. When the Conservatives were in government, we recognised that and introduced a raft of supportive measures, including draught relief, small producer relief and the Brexit pubs guarantee, which I am sure all hon. Members remember and welcome. I therefore welcome the increased draught relief from February, from 9.2% to 13.9%, and the fact that the relative value of small producer relief will be maintained. Although we welcome the inclusion of both reliefs, the increase to draught relief will mean that beer duty on a 5% pint of beer is reduced from 54p to 53p—a 1p saving. I fear that drinkers will not be toasting the Exchequer Secretary over that.
Turning to whisky—although it is a little early in the day for me—as the hon. Member for Inverness, Skye and West Ross-shire set out, Scotch whisky is one of our most iconic and successful industries. Some 43 bottles of scotch whisky are exported per second and the industry supports more than 66,000 jobs across the UK, many of which are in rural areas. The decision to uprate duty rates by RPI has been met with deep concern by the industry—indeed, the Scotch Whisky Association said that it represents a broken commitment, after the Prime Minister claimed last year that his Government’s trade strategy would
“back Scotch producers to the hilt.”
That sounds rather like the promise that he gave to farmers, which Labour’s family farm tax has broken. The managing director of Diageo said:
“This betrayal will leave a bitter taste for drinkers and pubs, while jeopardising jobs and investment across Scotland.”
I would be interested to hear the Minister’s response to those comments. Have the Government calculated the risk to jobs in the sector more widely?
A similar picture is painted by the cider industry, which supports more than 11,500 jobs and attracts more than 1 million tourists each year. The National Association of Cider Makers has raised fears that raising the headline rate, alongside the national insurance increases and the family farm tax, could put elements of the UK cider industry at risk. Has the Minister calculated the cumulative impact that these tax rises will have on the sector?
At this point, we should consider the wider context in which we are discussing these increases. Time and again we hear about the Budget placing a range of cost pressures on the hospitality industry, which is a key contributor to the UK economy. According to UKHospitality:
“In the past six years, hospitality has increased its annual economic contribution by £20 billion to £93 billion.”
The tax rises in the Budget, including the £25 billion a year jobs tax, will make it much harder for the industry to succeed. Just look at the impact of recent measures. Colliers, a professional property services company, reported that cutting the hospitality business rate relief from 75% to 40% means that restaurants will face a bill of, on average, over £13,000 a year, up from £5,500.
Will the Minister comment on whether, when the Government fix all these additional taxes, they take into account what happens in Scotland, where many in the hospitality industry do not get business rate relief? We are getting it twice on exactly the same issue.
The hon. Gentleman makes an important point that I am sure the Minister will want to cover when he responds.
The average bill for pubs will go from £4,000 to £9,642 a year. Any hon. Member who talks to hospitality businesses in their constituency will know the real-world challenges they are facing. As it happens, my favourite pub in my constituency closed its doors on Sunday, in part due to the increased costs and taxes the sector is facing. Have the Government considered the impact of the combination of these tax rises on pubs and the wider sector?
Turning to wine, as part of our reforms we introduced a wine easement for 18 months until February 2025. The Minister will be aware of the concerns of some in the sector that because that easement is coming to an end, duty will increase by 98p in just over 18 months. While we support the transition to the new regime and the end of the easement, I would be grateful if the Minister clarified what engagement he has had to understand how prepared the industry is for the new system.
We have many incredible wineries here in the UK. In 2023, sales rose 10% to reach nearly 9 million bottles. Supporting domestic wine producers should be a priority. In my constituency, I am fortunate to have Burn Valley winery, Cobble Hill winery and others. They are producing great products, proving very popular and helping to improve the rural economy and employment. However, growers have higher production and establishment costs, which will be made more challenging by the tax rises in these clauses and the wider Budget.
To support the industry, WineGB has proposed the introduction of a cellar door duty relief scheme modelled on the Australian scheme, to promote wine tourism, which a VisitBritain survey demonstrated could attract 16 million visitors. The Government have an ambitious target to increase annual visits to the UK to 50 million by 2030—up from 38 million last year. In the spirit of trying to help the Government lift their foot off the growth brake lever, perhaps the Minister will have a look at that idea and consider whether introducing it has any merit.
It is because of the challenges facing producers and the hospitality sector that we have tabled new clause 4, which would require the Chancellor, within six months of the Bill being passed, to make a statement to Parliament about the impact on various sectors of the increases in alcohol duties. As we have heard, increases to duty rates place significant additional costs on hospitality, pubs, whisky, spirits, wine, cider and other sectors, and we are concerned that this could inhibit growth and business investment. The previous Government recognised the significant contribution made by those sectors and saw an increase in business investment in the hospitality sector. Given the headwinds facing alcohol producers and hospitality businesses, which support so many jobs, it is only right that the Government report back to Parliament on the impact of their choices.
Clause 64 abolishes the duty stamps scheme for spirit drinks from 1 May 2025, fulfilling a commitment made by the Conservative Government in the spring Budget. We welcome this. The scheme was important when it was introduced, but it became an increasingly diminishing part of HMRC’s compliance response. Unnecessary regulation should of course be removed where possible, and I welcome this Government’s apparent commitment to deregulation, as set out in the Chancellor’s speech, though it would have more credibility if the Government were not also bringing forward the unemployment Bill that will add £4.5 billion to business costs.
As I set out, we support this change to reduce administrative burdens. I look forward to the Minister’s response to the concerns I have raised on behalf of the sector and producers in relation to these clauses.
It is a pleasure to serve under your chairship, Ms Vaz. May I draw Members’ attention to my entry in the Register of Members’ Financial Interests? I own a bar called Cellar Door—though not the same cellar door as the ones the hon. Member for North West Norfolk just referred to.
I want to speak about wine and the hospitality and night-time economy in general. Under the current regime of the wine easement, 85% of all wine sold in the UK is subject to the same rate of duty. That is now to be replaced by 30 different rates. That fails to take account of fundamental differences between wine and other manufactured alcoholic drinks.
The alcohol by volume of wine cannot be predicted with precision before or during the wine-making process. The alcohol content is stable only at the point when the wine goes into the bottle. The ABV varies between different years and different vats. Until bottling, we do not know the ABV of a particular bottle of wine. It therefore creates huge uncertainty about price and profit margins for the industry if there are different rates of duty depending on the specific ABV, down to a gradation of 0.1% ABV. This is particularly important with low-cost wines. The point is that this regime is utterly impractical for wine producers and wine merchants.
Hal Wilson, co-founder of Cambridge Wine Merchants, told me:
“In my business this feels like death by a thousand cuts, or even two thousand cuts. We sell over 2,000 different wines each year and from February will need to know the precise ABV of each and every one before being able to calculate their full cost. For each 0.1% ABV difference there is a different amount of tax to be paid.”
I wrote to the Minister about this and got a long and detailed response, for which I am grateful. He made the point that HMRC will change its practices and accept the ABV on the label of the bottle to the nearest 0.5%, but that is current practice; it is not in the legislation as I understand it, and it is still far too complex and much of my criticism still holds. Secondly, the letter fundamentally misunderstands why people drink wine. Wine is consumed for the taste, not the strength. An ABV goes through the taste profile. Compare a light Beaujolais with a robust Rioja. It is all about taste, not about whether it is stronger so one can get more drunk. That is not how people consume wine.
The hospitality and the night-time economy industry is facing an existential crisis owing to rising energy prices, recent inflation, labour shortages following Brexit, changes to commuting patterns and the more than doubling of business rates. Now, alcohol duties are to be another burden. It is death by a thousand cuts. Every incremental cost makes survival more difficult. That is why we are asking for a review after six months to see the effect on the wine industry, hospitality industry, night-time economy and other industries.
I will attempt to address the points raised by the Opposition parties. Let me make it clear that clause 63 makes changes to the alcohol duty rates from 1 February 2025. Alcohol duty rates for products qualifying for draft relief will be cut by 1.7% to take a penny of duty off an average-strength pint, while rates of all other products will increase by the retail price index.
May I intervene?
You can respond to the debate at the end. Would you still like to make an intervention?
In that case, I will not, Ms Vaz.
As I was saying, the clause also increases the relative value of small producer relief for both draught and non-draught products, and clause 64 ends the alcohol duty stamps scheme. To reassure Members, in consideration of what position to take at the autumn Budget, I had meetings and officials had further meetings with representatives from the wine, beer, spirits and cider industries, as well as with public health people, to understand the full range of opinions and how we could carefully calibrate our policy response.
The Scotch Whisky Association is not on the list of people the Minister met. Can he confirm whether he did meet the association?
The association is included under “spirits”.
As we know, alcohol duty is frozen until 1 February. The OBR’s baseline, reflected in its forecast, is that alcohol duty will be uprated by RPI inflation each year. The Government have decided to maintain the value of alcohol duty for non-draught products by uprating it from 1 February. At the same time we are recognising the social and economic importance of pubs, as well as the fact that they promote more responsible drinking, by cutting duty for draught products, which account for the majority of alcohol sold in pubs.
A progressive strength-based duty system was introduced on 1 August 2023 by the previous Government following the alcohol duty review. The reforms introduced two new reliefs: a draught relief to reduce the duty burden on draught products sold in on-trade venues, and small producer relief that replaced the previous small brewers relief. The clause increases the generosity of both reliefs.
The alcohol duty stamps scheme is an anti-fraud measure applied to larger containers of high-strength alcoholic products, typically spirits. It requires the mandatory stamping of certain retail containers with a duty stamp. In 2022, HMRC was commissioned to review the effectiveness of the scheme. It found that it is outdated, susceptible to being undermined and now plays a diminished compliance role, and concluded that the cost and administrative burdens imposed on the spirits industry could no longer be justified. The previous Government announced the end of the scheme at spring Budget 2024. That is a decision that this Government will implement from 1 May 2025. That date was chosen after consultation with businesses, which requested sufficient time to prepare.
Clause 63 makes four changes. First, it increases the rates of alcohol duty for non-draught products to reflect RPI inflation. Secondly, it reduces the rates of alcohol duty on draught products by 1.7%. Thirdly, it amends the tables in schedule 9 to the Finance (No. 2) Act 2023 that are used by small producers to calculate their duty discount under small producer relief. This increases the value of small producer relief for both draught and non-draught products in relation to the main rates for these products.
In cash terms, the current cash discount given to small producers for draught products is maintained, while the discount provided to small producers for non-draught products is increased. Small producer relief provides the same relative discount, irrespective of whether a product also qualifies for draught relief. As a consequence of the RPI increase in non-draught rates, it increases the simplified rates in schedule 2 to the Travellers’ Allowances Order 1994, which is used for calculating duty on alcoholic products brought into Great Britain.
Some hon. Members raised questions about the impact of these measures on pubs and the hospitality industry. To support the hospitality industry, particularly recognising the role that pubs play in local communities, the Government have announced a reduction in the alcohol duty rates paid on draught products. This reduces businesses’ total duty bill by up to £100 million a year and increases the duty differential between draught and non-draught products from 9.2% to 13.9% for qualifying beer and cider.
As we have mentioned a couple of times in this debate, the reduction to draught relief rates will also result in the average alcoholic strength pint at 4.58% ABV paying 1% less in duty. Draught relief provides a reduced rate of duty on draught products below 8.5% ABV packaged in containers of at least 20 litres designed to connect to a qualifying system for dispensing drinks.
Clause 64 ends the alcohol duty stamps scheme from 1 May this year, removing the provisions in the Finance (No. 2) Act 2023 and the secondary legislation in the Duty Stamps Regulations 2006. It also makes consequential changes and removes references to the scheme where they appear elsewhere in legislation.
Amendment 66 would freeze alcohol duty for alcoholic products above 22% ABV. That is contrary to the Chancellor’s decision at the autumn Budget to increase those duty rates to reflect inflation, and would cost the Exchequer £150 million a year.
Specifically in relation to the Scotch whisky industry, I would like to set out that the overall alcohol package balances commercial pressures on the alcohol industry with the need to raise revenue for our vital public services and reduce alcohol-related harms. Consumers and brewers in Scotland will benefit in line with the rest of the UK, with consumption and production patterns roughly equal nationwide. Of course, 90% of Scotch whisky is exported, which means it pays no duty. The Scotch Whisky Association’s own figures show the health of the industry. The Budget offers support to the Scotch whisky industry by removing the alcohol duty stamps scheme, which we have just considered, and through investment in the spirit drinks verification scheme by reducing fees for geographical verification.
New clauses 2 and 4, which were also tabled by Opposition Members, would require the Chancellor to make additional statements about the impact of the alcohol duty measures. The Government do not believe further statements to be necessary. As usual, a tax information and impact note was published at the autumn Budget, outlining the anticipated impacts of the measures on alcohol producers and the hospitality sector. Alcohol duty, like other taxes, will be reviewed in future Budgets.
New clause 2 also requires a review of the impact on trade, but UK alcohol duty is, of course, not charged on exports. Some hon. Members raised the impact of the changes to business rates on the hospitality sector in Scotland, but business rates are, of course, devolved. The Scottish Government are accountable to the Scottish Parliament on devolved areas.
Hon. Members also raised questions around the wine easement and why it had not been extended or made permanent. I remind them that the wine easement was intended as a transitional arrangement to give the wine industry time to adapt to the strength-based duty calculation for wine. The revised alcohol duty system simplified and reduced differences between categories of alcohol. Making the wine easement permanent would introduce a new differential into the system and add to the complexity of that system. It would further lead to a duty regime in which stronger ABV wines pay less in proportion to their alcohol content than lower ABV wines. Making the wine easement permanent would, therefore, undermine the simplification and public health objectives of the revised alcohol duty system.
In conclusion, the changes to the alcohol duty balance public health objectives, fiscal pressures, cost of living pressures and the economic and social importance of pubs, while also supporting small producers by increasing the generosity of small producer relief. Furthermore, the end of the alcohol duty stamps scheme will simplify procedures for approximately 3,500 registered alcohol importers and producers, reducing overall costs on the spirits industry by an estimated £7 million a year. I therefore commend the clause to the Committee, and urge it to reject amendment 66 and new clauses 2 and 4.
I do not have a great deal to add. I did miss out, when we declared our interests earlier, the fact that I own a pub, which hon. Members are very welcome to visit when they are next in Fort William—do not all rush at once. It never rains there.
I want to come back, briefly, to the 1p a pint reduction that we were promised. The whole hospitality industry and beer industry have come together to agree that that is a stunt, and that that 1p will not be passed on to the customer. It is just not relative at all, because the reduction in business property relief and the national insurance and minimum wage increases effectively mean that the cost to the hospitality industry is going through the roof. The Minister knows that perfectly well, but he still continues to trot out his line.
On the whisky industry, I am not sure that account has been taken of the potential tariffs. We talk about exports being very strong, but they are not actually very strong at the moment.
Lastly, on tax overall, when I make a submission to Scottish Government Ministers about the tax on hospitality, the whisky industry and so on, they all blame Westminster, but when I speak to Westminster Ministers about it, they all blame Scotland. The net result is that industries such as hospitality in Scotland are suffering from both sides, and that is simply not fair.
On business rates, they are clearly devolved to the Scottish Government, so it fully sits within their remit to help the hospitality industry. If we are talking about standing behind the whisky industry, one of the first things that the Secretary of State for Business and Trade did was go to Brazil to work out that protected status for the Scotch whisky industry, which will mean millions of pounds extra in exports to Brazil.
We are also discussing clause 64, which deals with the abolition of duty stamps for alcoholic products, and that will also help the whisky industry. The Government are doing a number of things to support the whisky industry and stand behind it, including the provisions on its tax status and the Secretary of State’s efforts to increase exports. The hon. Member should perhaps reflect that in his comments.
I have finished my remarks.
Would you like to press the amendment to a vote?
Yes.
Question put, That the amendment be made.
Clauses 63 and 64 ordered to stand part of the Bill.
Clause 65
Rates of tobacco products duty
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
New clause 5—Review of effects of section 65 on illicit tobacco market—
“The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the changes introduced by section 65 of this Act, on the illicit tobacco market.”
This new clause requires the Chancellor to review the impact increased rates of tobacco duty on the illicit tobacco market.
The clause implements changes announced at the autumn Budget 2024, concerning tobacco duty rates. The duty charged on all tobacco products will rise in line with the tobacco duty escalator, with an additional increase being made for hand-rolling tobacco to reduce the gap with cigarettes. Smoking rates in the UK are falling but they are still too high; around 12% of adults are now smokers. Smoking remains the biggest cause of preventable illness and premature death in the UK, killing around 80,000 people a year and up to two thirds of all long-term users.
We have plans to reduce smoking rates further to achieve our ambition of a smoke-free UK. To realise that ambition, we announced our intention to phase out the sale of tobacco products for future generations, as part of the Tobacco and Vapes Bill, along with powers to extend smoke-free legislation to some outdoor areas.
At the autumn Budget, the Chancellor announced that the Government will increase tobacco duty in line with the escalator. Clause 65 therefore specifies that the duty charged on all tobacco products will rise by 2% above RPI inflation. In addition, duty on hand-rolling tobacco increases by 12% above RPI inflation. These new tobacco duty rates will be treated as taking effect from 6 pm on the day that they were announced, 30 October last year.
Recognising the potential interactions between tobacco duty rates and the illicit market, HMRC and Border Force launched their refreshed illicit tobacco strategy in January 2024. The strategy is supported by £100 million of new funding, which will be used to scale up ongoing work and support new activities set out in the strategy, including enhanced detection and intelligence capabilities.
New clause 5 would require the Chancellor to review the impact of increased tobacco rates on the illicit tobacco market within six months of the Bill being passed. The Government respectfully will not accept this new clause, as the potential impact on illicit markets is already one of several factors the Government take into account when a decision on tobacco rates is made. I also note that the approach used in the costings at the Budget, certified by the Office for Budget Responsibility, accounts for behavioural responses to changing excise rates, including the impact of illicit markets. HMRC also publishes tobacco tax gaps annually, which allow for an analysis for the long-term trends in illicit trade.
Although the Government are rejecting new clause 5, I assure Committee members that the Government will continue to monitor illicit trade and to support the efforts of our enforcement agencies to counter it. HMRC and Border Force have had strategies in place to reduce the illicit trade in tobacco for over 20 years, which have helped to reduce the tobacco tax gap from 21.7% in 2005-06 to 14.5% in 2022-23. That happened during a prolonged period in which tobacco duties were consistently increased, as the attitude of all Administrations, including I believe the last one, has been that the threat of illicit tobacco needs to be addressed by reducing its availability, rather than allowing it to dictate our public health and tax policies.
On that matter, I hope that all Committee members, and I assure them that that will continue to be this Government’s approach. The clause will continue the tried and tested policy of using high duty rates on tobacco products to make tobacco less affordable. It will help to continue the reduction in smoking prevalence, supporting our ambition for a smoke-free UK, and will reduce the burden placed by smoking on our public services. I comment the clause to the Committee and urge it to reject new clause 5.
As we have heard from the Minister, clause 65 increases excise duty on all tobacco products and the minimum excise tax on cigarettes by the duty escalator RPI plus 2%. In addition, the excise duty rate for hand-rolling tobacco increases by an additional 10%. This is a one-off increase in addition to the restated policy of increasing rates in line with RPI plus two percentage points. We are broadly supportive of these measures but I have some questions around purchaser behaviour and its impact on the illicit market and enforcement. In addition to speaking to clause 65, I will also speak to new clause 5, which stands in my name.
Tobacco receipts are expected to be £8.7 billion this year, down by 2.7% on last year. They are forecast to decline by 0.5% a year on average over the rest of the forecast period to £8.5 billion, as declining tobacco consumption offsets increasing duty rates. The tax information and impact note explains that over the four years from 2019 to 2023, the tobacco escalator coincided with a reduction in smoking prevalence from 14.1% to 11.9% of people aged over 18. That is clearly welcome. The Government are bringing forward the Tobacco and Vapes Bill, which the Minister referred to and which includes lots of measures to make vapes less attractive to children and harder to get hold of. There is a lot to be said about that Bill, but fortunately, that is the job of another Committee.
Increasing the price of tobacco clearly comes with the risk of boosting the illicit market. The tax information and impact note suggests that some consumers might engage in cross-border shopping and purchase from the illicit tobacco market. HMRC will monitor and respond to any potential shift. Indeed, the OBR has suggested that the duty rate is beyond the peak of the Laffer curve—the revenue-maximising rate of tax. Can the Minister confirm what measures will form HMRC’s response to any shift in illegal consumption?
There are also questions around the figures. Although HMRC estimates that 10% of cigarettes and 35% of hand-rolling tobacco consumption is from illegal and other non-UK duty paid sources, evidence submitted by the industry believes that is a significant understatement. Its data shows that the consumption of tobacco from non-UK duty paid sources currently accounts for 30% of cigarettes and 54% of hand-rolling tobacco consumption. Has the Minister discussed with HMRC the difference between those figures and the basis on which they have been put together?
The Tobacco Manufacturers’ Association said that the illegal market is not in decline but that, contrary to HMRC’s claims, it is expanding. As well as providing more accurate figures on the scale of the illegal market, it would be useful to know whether the Government have calculated the potential consequences for retailers and law enforcement of an expanding illegal market.
Does the hon. Member agree that the tobacco market’s estimates are not unbiased? It has form in exaggerating the scale of the illicit tobacco market in the UK.
The hon. Member has probably seen the same evidence produced by the industry as I have; I do not think that we should dismiss it out of hand. Representatives from the industry do, for example, go around football terraces, pick up the empty packets, see where they came from, and do sampling or take other measures. Of course the industry’s evidence should be challenged and tested, but my point is about whether HMRC has worked with the sector to see if its figures are wrong. If they are, and HMRC’s are perfectly right, we can follow the HMRC figures. I am raising a legitimate concern about the accuracy of the data to make sure that we are all operating from the same page because, as the OBR has pointed out, we may already have reached the peak point where the tax will be doing harm.
The Minister referred to the success of enforcement over the last couple of decades. In March last year, the previous Government set out a new strategy to tackle illicit tobacco. With evidence of a substantial illegal market—and whichever set of figures we take, it is substantial—what steps are the Government taking? Are they taking the previous Government’s strategy forward or will they introduce their own strategy?
The industry has specifically proposed that the Government provide trading standards with full access to the powers granted to HMRC under the Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023. At present, the legislation allows trading standards to refer cases to HMRC, which will then consider imposing on-the-spot penalties of up to £10,000 on those selling tobacco.
The industry proposed that it would be far more effective for trading standards to apply the penalty at the point of enforcement rather than having to refer the case to HMRC. It also suggested allowing trading standards to keep the receipts from any such penalties to reinvest in its enforcement action—we are all familiar with the pressures that trading standards is facing. Will the Minister say whether the Government have considered those proposals and, if they have not, will he?
I have tabled new clause 5 to ensure there is better understanding of the risk around the illicit market. The Minister respectfully dismissed the need for it, but it would require the Chancellor to, within six months of this Act being passed, publish an assessment of the impact of the changes introduced by clause 65 of the Bill on the illicit tobacco market. As we have heard, increasing tobacco duty could alter the behaviour of consumers, and we could see greater illicit market share.
Evidence from the industry—which may be contested—shows that non-UK duty paid sources are significant. There is clearly a risk that a further increase to tobacco duty could boost the illicit market, and HMRC needs to act to protect lawful revenues for the taxpayer. We would therefore welcome the Chancellor publishing an assessment of the impact of the changes. As I set out, we will not oppose clause 65, but I look forward to the Minister’s response to my points, particularly on the illicit market.
I welcome the Opposition’s support for these measures. I will write to the hon. Gentleman in response to some of the queries he raised about specific figures. I will address the points that he made about the illicit tobacco market, because that is obviously something we all want to consider in some depth in connection with anything that we do around the tobacco duty.
As I mentioned in my earlier remarks, HMRC and Border Force launched their refreshed illicit tobacco strategy in January 2024. That is being implemented under this Government. It is supported by £100 million of new funding, which will be used to scale up the ongoing work and support the new activities outlined in the strategy, including enhanced detection and intelligence capabilities.
The hon. Gentleman also asked about the impact of increasing tobacco duty on the demand for illicit products, and whether increasing duty rates might push some smokers towards illicit products. It will be helpful if I set out the context for this discussion. Under the assumptions that were used in the tobacco costings for the autumn Budget, which were of course certified by the OBR, the overall level of increase decided on by the Government raises revenue while continuing to reduce tobacco consumption.
The approach used in costings, certified by the OBR, takes into account a number of potential behavioural responses to changing excise duty rates, such as quitting or reducing smoking, substituting with vapes, and moving from UK duty paid consumption to the non-UK duty paid market, including the impact on illicit products. However, the threat from illicit tobacco needs to be addressed by reducing its availability, rather than allowing it to dictate our tax and public health policies.
Finally, the hon. Gentleman asked whether HMRC had worked with the sector to authenticate its figures. HMRC has analysed how external figures are calculated, but World Health Organisation rules prohibit extensive engagement with the industry on such issues.
Question put and agreed to.
Clause 65 accordingly ordered to stand part of the Bill.
Clause 66
Rates of vehicle excise duty for light passenger or light goods vehicles etc
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss new clause 6—Review of effects of £40,000 expensive car supplement threshold—
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the £40,000 expensive car supplement threshold included in section 66.
(2) The assessment in subsection (1) must consider the effects of the threshold on the proportion of new cars sold which are Electric Vehicles.”
This new clause requires the Chancellor to review the impact of the £40,000 expensive car supplement threshold.
Clause 66 makes changes to the uprating of standard vehicle excise duty rates for cars, vans and motorcycles, excluding first-year rates for cars, in line with the retail prices index, from 1 April. The clause will also change the VED first-year rates for new cars registered on or after 1 April, to strengthen incentives to purchase zero emission and electric cars.
As announced at the autumn Budget, the clause will freeze the zero emission rate at £10 until 2029-30, while increasing the rates for higher-emitting hybrid, petrol and diesel cars from 2025-26.
Vehicle excise duty—VED—is a tax on vehicle ownership, with rates depending on the vehicle type and the date of first registration. Vehicle excise duty first-year rates were introduced as part of the wider changes to the VED system implemented in 2017, and they vary according to emissions. Vehicle excise duty first-year rates are paid in the first year of a car’s life cycle, at the point of registration. From the second year, cars move to the standard rate of VED. From 1 April, new zero emission vehicles registered on or after that date will also be liable for the VED first-year rates.
Vehicle excise duty first-year rates have been routinely uprated by the RPI since their introduction in 2017, and as announced by the previous Government at the autumn statement in 2022, from April 2025, electric cars, vans and motorcycles will begin to pay VED in a similar way to petrol and diesel vehicles.
The clause will set the VED rates for 2025-26, increasing the standard rates for cars, vans and motorcycles in line with the RPI. As part of this uprating, the standard rate of VED for cars registered since 1 April 2017 will increase by only £5. The expensive car supplement will also be increased by £15, from £410 to £425. The rates for vans will increase by no more than £15, and motorcyclists will see an increase in rates of no more than £4.
From 1 April 2025, the VED first-year rate for zero emission cars will be frozen at £10 until 2029-30. For 2025-26, first-year rates for cars emitting 1 to 50 grams per km of carbon dioxide will go from £10 to £110, and cars emitting 51 to 75 grams per km of CO2 will go from £30 to £130. Rates for cars emitting 76 grams per km or more of CO2 will double.
New clause 6 would require the Chancellor to review the impact of the £40,000 expensive car supplement threshold and consider its effects on the proportion of new cars sold that are electric vehicles. As set out at the autumn Budget, the Government have already committed to considering increasing the £40,000 threshold for EVs at a future fiscal event. The Government recognise that new electric vehicles can still often be more expensive to purchase than their petrol or diesel counterparts, and we acknowledge the need to ensure that EVs are affordable as part of our transition to net zero. In the light of that commitment, a separate review is unnecessary so I urge the Committee to reject new clause 6.
The changes to the VED first-year rates outlined in clause 66 will increase the incentives to buy new zero emission cars at the point of purchase and support the uptake of new electric vehicles. Revenue from that change will also help to support public services and infrastructure in the UK. An increase in VED standard rates for cars, vans and motorcycles by the RPI in 2025-26 will ensure that VED receipts are maintained in real terms. I commend clause 66 to the Committee.
As we heard from the Minister, clause 66 provides for increasing certain rates of VED for light passenger and light goods vehicles in line with the RPI. There will also be changes to the first-year rates for zero emission vehicles and low emission vehicles. We broadly support the measures, but as well as discussing clause 66, I will consider new clause 6, which is in my name and that of my hon. Friend the Member for Grantham and Bourne.
According to the OBR, VED receipts are expected to raise £8.2 billion in 2024-25, up by £0.5 billion compared with 2023-24. It expects an increase through the forecast period to £11.2 billion, driven by an increasing number of cars, more cars paying the expensive car supplement and the extension of VED to electric vehicles from 2025. It was the last Government who decided that EVs would no longer be exempt from VED and moved to make the system fairer. I will raise some points about the implications of that, and particularly the expensive car supplement for electric vehicles. New zero emission cars, registered after 1 April, will be liable for that charge, which currently applies to cars with a list price exceeding £40,000. That threshold has not changed since 2017, despite inflation and changing technologies. The Society of Motor Manufacturers and Traders has called on the Government to look at that.
The current ECS threshold will add more than £2,000 to the cost of a zero emission vehicle in the first six years of ownership, and more than £3,000 including the standard rate VED that must also be paid. That will deter potential buyers from purchasing zero emission vehicles and will have an impact on residual values. According to figures quoted by the SMMT, the ECS is likely to capture more than half of the zero emission vehicle market from 2025.
The Minister referred to the Government saying that they may look at the threshold in future, and I will come on to that when I discuss new clause 6. Can he confirm how much the ECS currently raises and how much it is forecast to raise as a result of the changes? Given that the Government are committed to a 2030 ban on new petrol and diesel vehicle sales, what impact will the ECS have on the Government’s progress towards that goal?
For those reasons, we have tabled new clause 6, which would require the Chancellor, within six months of the Bill being passed, to publish an assessment of the impact of the £40,000 expensive car supplement threshold in clause 66. The assessment must consider the effects of the threshold on the proportion of new car sales that are electric vehicles.
As we have heard, the threshold has remained unchanged since 2017 and the Government are pushing ahead with the 2030 date. My right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak) introduced some welcome common sense to the debate by moving the date for the ban on new petrol and diesel car sales back to 2035. That is the date that the major car manufacturing countries in Europe and the rest of the world have adopted, and one that we should have stuck to.
The Government’s policy is odd because it makes people less likely to move to EVs—because it makes it more expensive to do so. Perhaps the Treasury is not quite as signed up to the Energy Secretary’s dogmatic approach as he is; perhaps it secretly agrees with Opposition Members who certainly think that he is the most expensive Cabinet member in many ways. Although I recognise that the Minister said that the Government have committed to look at the threshold, the new clause would make that binding and make sure that it happened within a specific timeframe. We therefore want the new clause to be taken forward. As I have set out, we will not oppose the clause, but I will press new clause 6 to a Division.
Hybrid vehicles will start paying road tax at the standard rate, as well as paying the ECS where applicable. Those changes will hasten the departure from hybrids, as my hon. Friend the Member for Grantham and Bourne said earlier. I would be grateful if the Minister provided an assessment of the decision to disincentivise hybrids and if he could say how many jobs in the UK are based on producing hybrid vehicles.
I thank the shadow Minister for indicating the Opposition’s support for the clause. I understand what the Opposition are doing by proposing new clause 6, and the points that they want to raise, and the Government have considered it. We consider our commitment, which was made at the autumn Budget in the public domain, to be a strong commitment from the Government: we will consider increasing the £40,000 threshold for EVs only at a future fiscal event.
We recognise that when electric vehicles are new, they can still often be more expensive to purchase than their petrol or diesel counterparts. There is a need to ensure that EVs are affordable as part of the transition. We also recognise that, as transport is currently the largest-emitting sector, decarbonising it is central to the wider delivery of the UK’s cross-economy climate targets.
As I said, it was announced at Budget ’24 that the Government will consider raising the threshold for zero emission cars only at a future fiscal event. The Government have no current plans to review the threshold for petrol, diesel and hybrid vehicles, but we keep all taxes under review as part of the Budget process.
Question put and agreed to.
Clause 66 accordingly ordered to stand part of the Bill.
Clause 67
Rates of vehicle excise duty for rigid goods vehicles without trailers etc
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider the following:
Clauses 68 and 69 stand part.
Clause 71 stand part.
Government new clause 1—Rate of vehicle excise duty for haulage vehicles other than showman’s vehicles.
New clause 7—Statements on HGV Vehicle Excise Duty (VED) and HGV Road User Levy—
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, make a statement to Parliament about the increase to HGV VED introduced by sections 67 to 69 and increase to the HGV Road User Levy under section 71 of this Act.
(2) The statement under subsection (1) must include details of the impact on—
(a) the haulage sector,
(b) the decarbonisation of the logistics industry, and
(c) the UK economy.”
This new clause requires the Chancellor to make a statement about the impact of increasing Vehicle Excise Duty on HGVs.
Clauses 67, 68 and 69 make changes to upgrade VED rates for heavy goods vehicles in line with the retail prices index from 1 April. They also make changes to the VED rates for rigid goods vehicles without trailers, rigid goods vehicles with trailers and vehicles with exceptional loads. Clause 71 uprates the heavy goods vehicle levy in line with the RPI from 1 April.
The registered keeper of a vehicle is responsible for paying VED. The rates depend on the vehicle’s revenue weight, axle configuration and Euro emission status. Furthermore, the HGV levy, which was introduced in August 2023 and frozen at the autumn statement in 2023, is payable for both UK and foreign HGVs using UK roads. Similarly to VED, the levy rates depend on the vehicle’s weight and Euro emissions status. Clauses 67, 68 and 69 will set the VED rates for heavy goods vehicles for ’25-26, increasing them in line with the RPI. For example, the annual VED liability of the most popular HGV—tax class TC01, VED band E1—will increase by £18, from £560 to £578. Hauliers will not see a real-terms increase in VED costs, as rates have increased to keep pace with inflation only.
The changes made by clause 71 will increase the annual rates for domestic and foreign HGVs using UK roads and the associated daily, weekly, monthly and six-monthly rates in line with the RPI. For example, the annual rate for the most common type of UK HGV will increase by £21, from £576 to £597. As part of that uprating, the £9 and £10 caps on the daily rates paid by foreign HGVs, which are a consequence of retained EU law and are now obsolete, will be removed.
Government new clause 1 corrects an omission in the Bill of an uplift to the general haulage rate announced at the autumn Budget. We are inserting a new clause to ensure that the legislation operates as intended by updating the currently recorded rate for the general haulage tax class—tax class 55—from £350 to £365 in line with the RPI.
New clause 7 seeks to require the Chancellor to make a statement about the impact of increasing VED on HGVs. The new clause is not necessary, as the Government have already published the tax information and impact note that sets out all the expected impacts of the measure. It makes clear that hauliers will not see a real-terms increase in their VED or HGV levy liabilities, as rates are being increased in line with the RPI to keep pace with inflation only. The measure is not expected to have any significant macroeconomic impacts.
Increasing both VED rates for HGVs and the HGV levy by the RPI for ’25-26 will ensure that VED receipts are maintained in real terms and that hauliers continue to make a fair contribution to the public finances in the wider context of a Budget in which hauliers have benefited from a further freeze in fuel duty, worth nearly £1,100 a year to the average HGV. I therefore commend clauses 67, 68, 69 and 71 as well as Government new clause 1 to the Committee, and I urge the Committee to reject new clause 7.
As the Minister says, clauses 67, 68 and 69 provide for changes to certain rates of VED, and clause 71 increases the rates for the HGV road user levy. We will not oppose the provisions, but we have some concerns and points to make about the timing of the changes and the lack of support for impacted industries, such as the logistics sector. As well as discussing those clauses, I will consider new clause 7, which is in my name and that of my hon. Friend the Member for Grantham and Bourne.
Heavy goods vehicle VED is a complex picture, with more than 80 different rates. The characteristics of HGVs determine their rates, and the increases to HGV VED represent the first rise since 2014. Heavy goods vehicles may also be liable for the additional HGV road user levy, which was introduced in 2014 and is a charge for using the road network, ranging from £150 to £749 a year. The levy was suspended in August 2020, demonstrating the previous Government’s support for the haulage sector during the pandemic. A reformed levy was introduced in 2023 and was frozen at the autumn statement in 2023. The new levy divides qualifying HGVs into six levy bands rather than the previous 22, which is a welcome simplification.
The Government’s decision to uprate HGV VED and the road user levy comes at a challenging time for businesses. I make no apology for referring once again to the increases in national insurance and the impact that that is having on the sector. Logistics UK estimates that that will cost its sector £1.2 billion alone, and has warned that it could lead to a reduction of 29,000 jobs. Does the Minister recognise figures from Logistics UK that the increases in VED and road user levy will cost the sector £172 million and £178 million respectively? When taken in the context of other tax rises in the Budget, what impact does the Minister think the increases will have on logistics businesses’ ability to invest in their growth and decarbonisation?
It is because of the issues raised with us by the logistics sector that we have tabled new clause 7, which would require the Chancellor, within six months of the Bill being passed, to make a statement about the impact of the changes. That statement must also consider the effect of the increases on the haulage sector, decarbonisation of the logistics sector and the UK economy. Industry has warned that these increases could impact its ability to invest, but will mainly lead to job losses. The Road Haulage Association has called for a delay, as now is not the time, in its words, to “clobber” UK hauliers with extra costs. We would welcome the Chancellor’s commissioning such a review. The Minister says that the tax information and impact note provides a forecast for what might happen. Indeed it does, but the point of this is that it is an after-the-event review, which should be an important part of any policymaking, particularly in the Treasury, to see what the real-world impact was and how accurate those forecasts were.
Logistics UK has also pointed to lack of progress in the Budget on transport and energy infrastructure investment. What assurances can the Minister give the sector to provide it with the confidence to invest? Although I know industry has welcomed the plug-in van grant being maintained, can the Minister provide an update on the plug-in truck grant? As I have set out, we will not oppose these measures, but we do think the new clause would add to the Bill.
I thank the hon. Gentleman for confirming that the Opposition will support these clauses. He asked about the wider challenges faced by the road haulage industry. Road haulage is key to the UK’s economy, and the Government acknowledge the pressures the industry has faced in recent years. As a result of the changes in these clauses, hauliers will not see a real-terms increase in their VED or HGV levy liabilities, as rates will be increased in line with the RPI to keep pace with inflation only.
Of course, revenue from HGV VED and the HGV levy helps to ensure that we can continue to fund the vital public services and infrastructure that people across the UK expect, so it is right that the taxes are regularly reviewed. In the wider context, hauliers will also benefit from the further freeze in fuel duty for 2025-26 that the Chancellor announced in the Budget, which is worth nearly £1,100 a year for the average heavy goods vehicle.
Question put and agreed to.
Clause 67 accordingly ordered to stand part of the Bill.
Clauses 68 and 69 ordered to stand part of the Bill.
Clause 70
Vehicle excise duty: zero-emission vehicles
Question proposed, That the clause stand part of the Bill.
The clause makes minor amendments to ensure the legislation for the application of vehicle excise duty to zero emission vehicles operates as intended. In the 2022 autumn statement, the former Government announced that from April 2025, zero emission cars, vans and motorcycles would begin to pay VED in line with their petrol and diesel counterparts. The clause will ensure that the legislation governing the application of VED to zero emission vehicles operates as intended by making minor technical amendments to the legislation. The changes will clarify the current VED exemption for electric vehicles, clarify the interpretation of data entries on the certificate of conformity and ensure that all zero emission vans registered between 1 January 2007 and 31 December 2008 pay VED, in line with their petrol or diesel counterparts, from 1 April 2025. The clause will ensure that the legislation for the application of VED to zero emission vehicles operates as intended.
I will be very brief on this one. It is a perfectly sensible measure, and we will not be opposing it.
Question put and agreed to.
Clause 70 accordingly ordered to stand part of the Bill.
Clause 71 ordered to stand part of the Bill.
Clause 72
Rates of air passenger duty until 1 April 2026
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Clause 73 stand part.
New clause 8—Review of bands and rates of air passenger duty—
“(1) The Chancellor of the Exchequer must, within eighteen months of this Act being passed, publish an assessment of the impact of the changes to air passenger duty introduced by section 73 of this Act on—
(a) the public finances;
(b) carbon emissions; and
(c) household finances.
(2) The assessment under subsection (1)(c) must consider how households at a range of different income levels are affected by these changes.”
This new clause requires the Chancellor to publish an assessment of this Act’s changes to air passenger duty on the public finances, carbon emissions, and on the finances of households at a range of different income levels.
Clause 72 sets the rates of air passenger duty for 2025-26, as announced in the 2024 spring Budget, and they will take effect on 1 April 2025. Clause 73 sets the rates of APD for 2026-27, as announced in the 2024 autumn Budget, and they will take effect a year later, on 1 April 2026.
APD rates have fallen in real terms, because they are set more than a year in advance using forecast RPI, and inflation has subsequently been much higher than originally forecast. The former Government announced that in 2025-26, rates would be uprated by forecast RPI and non-economy rates would be adjusted to account partially for previous high inflation. For 2026-27, the current Government are making a broad-based adjustment to all rates to compensate in part for previous high inflation and are raising the higher rate on larger private jets by an additional 50%. These changes aim to ensure that the aviation industry continues to make a fair contribution to the public finances. As is standard practice, the Government have given the industry more than 12 months’ notice.
Let me go into some detail. The changes made by clause 72 will raise all APD rates by forecast RPI, rounded to the nearest pound, for 2025-26. Non-economy rates will be further adjusted to correct partially for previous high inflation. For domestic and short-haul international economy passengers, these changes mean that rates will stay at their current level in 2025-26. Rates for other economy-class passengers will rise by £2. For non-economy international passengers, rates will rise by between £2, for short-haul commercial passengers, and £66, for those travelling ultra-long haul in larger private jets that incur the higher rate.
The changes made by clause 73 will raise all APD rates in 2026-27 to account partially for previous high inflation, and increase the higher rate on larger private jets by an extra 50% above the increases to other rates. For economy-class passengers, this means that those flying domestically will face an increase of £1. Rates for short-haul economy passengers will increase by £2, and those for long-haul economy passengers will increase by £12. The increases for non-economy passengers and those travelling in private jets will be greater. Whereas the short-haul international rate for economy passengers is increasing by £2, that for non-economy passengers is rising by £4 and that for private jet passengers by £58.
Taken together, the corrections to non-economy rates announced at the spring and autumn Budgets do not raise rates by more than RPI over the period since 2021-22, based on the latest figures. From 2027-28, rates will be rounded to the nearest penny, to ensure that they track forecast inflation more closely.
New clause 8 would require the Chancellor to publish an assessment of the impact of the APD changes on the public finances, carbon emissions and the finances of households at a range of income levels. At the autumn Budget, the Government published a TIIN that outlined the expected impacts of the APD changes, including the Exchequer, household and environmental impacts. New clause 8 is therefore unnecessary, and I urge the Committee to reject it.
These changes will help to maintain APD rates in real terms, following high inflation. I therefore commend clauses 72 and 73 to the Committee and urge it to reject new clause 8.
As we heard from the Minister, clause 72 sets the rates of air passenger duty for the year 2025-26—those rates were announced in the 2024 spring Budget, precisely to give the sector time to plan—and clause 73 sets the rates for 2026-27. The higher rates that apply to larger private jets will increase by an additional 50%, as the Minister said. We will not oppose these measures, but we want to raise some points and seek more detail about their impact.
APD was first introduced on 1 November 1994. Initially, it was charged at a rate of £5 on flights within the UK and to other countries in the European Economic Area, and £10 on flights elsewhere. Since then, it has been reformed by successive Governments. Currently, it is chargeable per passenger flying from UK airports to domestic and international destinations, and rates vary by destination and class of travel. According to the OBR, APD receipts are expected to be £4.2 billion in 2024-25, and then they are forecast to increase by 9% a year, on average, to £6.5 billion in 2029-30, driven by increasing passenger numbers and the higher duty rates. The changes mean that a family of four flying economy to Florida, for example, will be taxed £408—a 16% increase on the current rates.
I turn first to the changes in clause 73 that relate to the higher rate, which will increase by an additional 50% on business and private jets. There is some concern from the industry about the impact of the measure on economic growth—the Government’s driving, No. 1 mission, in which we support their efforts. In reality, most private jets are corporate aircraft that are used as capital assets. One industry commentator said:
“They allow businesses to increase productivity and the amount of time they have in the day, which means they can make more money, employ more people and pay more in taxes. ”
That is something I think we all support. Has the Minister calculated what impact the 50% increase will have on economic growth and developing our trade relationships? The Prime Minister rightly travels a lot around the world to make connections and promote trade in our economy. Can the Minister confirm whether the Royal Squadron is subject to the higher rates, or is it exempt?
There has also been some concern about the impact on our constituents—people going on holiday or to see family and friends. The changes may limit flight options. Airlines UK has said that the rise will make it harder for British carriers to put on new routes. Does the Minister think the increase will impact the ability to consider new routes? It will certainly increase ticket prices; I woke up this morning to hear the boss of Ryanair on the radio saying that the increases in APD will mean that a third of an average £45 fare will now be tax.
It is because of the impacts that the rate rises might have on consumers, industry and economic growth that we tabled new clause 8, which would require the Chancellor to publish an assessment of the impact of the changes introduced by clause 73 within 18 months of the Bill being passed. The assessment would have to consider the impact of the changes on the public finances, carbon emissions and household incomes. The industry has been clear in its warnings in this regard, and we need to take them seriously. The Minister said that the new clause is unnecessary and that a review has been covered anyway, but reviews should be an important part of the Treasury’s toolkit in understanding impact.
We will not oppose these measures, but we will continue to raise industry’s concerns, particularly on behalf of our constituents and people who want to go on holiday.
It might be worth my saying at the outset that our support for the aviation industry more broadly is very clear. I am sure the hon. Gentleman was listening to the Chancellor’s growth speech yesterday, in which she announced that we will no longer shy away from decisions about airport expansion, which can be delivered to support economic growth while meeting our climate obligations. People in the aviation industry can have no doubt about this Government’s desire and willingness, and concrete actions, to work with them to drive economic growth in this country.
In relation specifically to APD, which is the subject of these clauses, I say to the hon. Gentleman that the adjustment to the APD rates for ’26-27 is proportionate, because the rates have fallen significantly behind inflation in recent years. These changes will help to compensate for that fact. The short-haul international rate on economy passengers will increase by £2 on 1 April 2026. That rate has not increased since 2012. Even after 1 April 2026, for a family of four—two adults, two children—flying economy class to Spain, the total APD increase will be only £4, since under-16s travelling in economy class are exempt from APD.
By contrast, the increases for non-economy passengers and those travelling in private jets will be higher, to ensure that they make a fair contribution to the public finances. One other bit of context is that, unlike other sectors, no VAT applies to plane tickets and there is no tax on jet fuel. It is only fair that aviation pays its fair share through APD.
Question put and agreed to.
Clause 72 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Christian Wakeford.)
Adjourned till this day at Two o’clock.
Tobacco and Vapes Bill (Fifteenth sitting)
The Committee consisted of the following Members:
Chairs: Peter Dowd, Sir Roger Gale, Sir Mark Hendrick, † Mark Pritchard
Ahmed, Dr Zubir (Glasgow South West) (Lab)
† Al-Hassan, Sadik (North Somerset) (Lab)
† Barros-Curtis, Mr Alex (Cardiff West) (Lab)
† Bool, Sarah (South Northamptonshire) (Con)
† Chambers, Dr Danny (Winchester) (LD)
† Cooper, Dr Beccy (Worthing West) (Lab)
† Dickson, Jim (Dartford) (Lab)
† Foy, Mary Kelly (City of Durham) (Lab)
† Gwynne, Andrew (Parliamentary Under-Secretary of State for Health and Social Care)
† Jarvis, Liz (Eastleigh) (LD)
† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)
Osborne, Tristan (Chatham and Aylesford) (Lab)
† Owatemi, Taiwo (Lord Commissioner of His Majesty's Treasury)
Rankin, Jack (Windsor) (Con)
Stafford, Gregory (Farnham and Bordon) (Con)
† Stainbank, Euan (Falkirk) (Lab)
† Whitby, John (Derbyshire Dales) (Lab)
Chris Watson, Kevin Candy, Sanjana Balakrishnan, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Morning)
[Mark Pritchard in the Chair]
Tobacco and Vapes Bill
Clause 158
Power to prohibit vaping etc on ships
Question (28 January) again proposed, That the clause stand part of the Bill.
When we adjourned on Tuesday evening, we were talking about this clause, which relates to shipping and a power to prohibit vaping and so on ships. We were —or I was—talking about the history of maritime restrictions on tobacco and cigarette use and why that has been the case. I had a couple of questions about the clause for the Minister.
My first question relates to the fixed penalty notices and the powers of entry mentioned in relation to previous enforcement. How would they apply on board ship, given the international nature of shipping? What is the role of maritime authorities and enforcement, or is it down to the captain? Who is going to enforce this? How will it work across different jurisdictions? Many ships operate internationally, so it is relevant to consider how the regulation interacts with international maritime law. For example, if a ship is registered in one country but operates in another jurisdiction, how will enforcement of the new provisions vary?
Enforcing a vape ban on ships operating in international waters, or outside the jurisdiction of the United Kingdom, raises the question of which laws apply. Ships registered under a particular nation’s flag are typically subject to the laws of that nation, but in international waters, enforcement may be complicated by the lack of physical presence of the authorities in the country whose law is being enforced.
It is a pleasure to serve under your chairship, Mr Pritchard. On the questions that the hon. Member is asking about maritime law, are those kinds of issues not already tackled? Drinking, gambling and so on can happen on ships, but do not happen when they enter countries, and that is based on agreements between international partners, shall we say.
We are talking about something that will be illegal in the United Kingdom and how United Kingdom law is enforced. My question relates to how people might behave in other countries’ waters on the basis of local laws. The question is, if this is a law that we are bringing in to apply to British ships, how will the Government expect it to apply when the British ship is not in a British port or in British waters, but perhaps in international or foreign waters? It could lead to difficulties in compliance and potential jurisdictional conflicts where the local laws do not agree. If the ship is operating in another nation’s territorial waters, that country might have its own laws on vaping or smoking. Which law prevails? Another question is when trying to enforce a ban when transporting humanitarian aid or refugees, in that the people who are being picked up might not realise that there is a ban. How would that be enforced in such circumstances?
Some people might ask whether the extent of the regulations for vaping and heated-tobacco devices is too inflexible? Such devices do not pose the same fire risks as cigarettes or pipes, although they are not without risk. Modern Royal Navy deployments, as I understand them, can typically last six to nine months, and vaping is used when smokers are trying to quit as a cessation tool. What discussions has the Minister had about the health of our military personnel deployed for such periods of time? How will he ensure access to nicotine replacement therapy and smoking cessation services so that we are not leaving people without access to what would, for them as an adult, be a legal product?
It is a pleasure to see you back in the Chair, Mr Pritchard. There is light at the end of the tunnel: today is the day that we will have a Bill in one shape or another, having reached the end of Committee stage and deliberated everything; and if not, of course everything that has not been debated gets accepted anyway, so we will have a Bill.
The clause amends an existing regulation-making power in section 85 of the Merchant Shipping Act 1995, so that any safety regulations—this is what we are talking about here. Health and safety regulations in merchant shipping that are made under section 85 provide for heated tobacco and vape-free provision for ships, which will correspond with the provisions in the Health Act 2006.
The shadow Minister, the hon. Member for Sleaford and North Hykeham, put a couple of questions. We have the power to make provision about health and safety in the merchant shipping sector already, under the 1995 Act. Those powers are already there, are already being implemented and are already being enforced. All that this measure will do is extend the provision to vapes and heated-tobacco devices, to bring it into line with everything else we have done over our debates.
The matter is one for the Department for Transport. It owns this policy, and health and safety in merchant shipping. We will continue to work with the Department for Transport as we consider any future regulations to create additional smoke-free places, but it is for the Department for Transport to implement and to enforce health and safety regulations in merchant shipping, as it does now. It will continue to do that, but with an extension of its powers. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 158 accordingly ordered to stand part of the Bill.
Clause 159
Application to Parliament
Question proposed, That the clause stand part of the Bill.
This is an interesting clause, because it applies the Bill to the parliamentary estate. According to Erskine May, there has been some confusion about whether statute law can apply inside the parliamentary estate, because of the principle of exclusive cognisance. That means that Parliament has control over its own internal matters and that not all laws automatically apply within Parliament. To quote from Erskine May directly:
“Actions in respect of which exclusive cognizance is claimed and has been admitted are not restricted to formal acts of either House. This privilege has been held to extend to the sale of intoxicating liquor within the precincts of the House, though those responsible did not hold a licence.”
Smoking, for example, has technically been prohibited in the Commons Chamber, public and Members’ Lobbies and Committee Rooms since 1694. According to Erskine May, MPs agreed
“That no Member do presume to take tobacco in the gallery of the House or at a committee table”.
Around the estate, however, historically it was the custom to smoke in the bars and the Tea Room, and in the Committee Corridor outside this very Committee Room we are in today. There are legal exceptions and exemptions that are worth discussing now.
The Office of the Parliamentary Counsel published guidance on Crown application in 2021 and noted that the Palace of Westminster is Crown land. The guidance explains the general presumption that an Act does not bind the Crown unless it does so expressly or by necessary implication. Often, an Act includes a clause on Crown application, specifying whether the Act applies to Crown land, but the Health Act 2006 does not include such a clause.
The position set out by case law is that the Health Act 2006 does not apply to the Crown, as in the 2017 case of R (on the application of Black) v. Secretary of State for Justice. In that case, the prisoner, named Mr Black, was serving an indeterminate sentence at Her Majesty’s Prison Wymott. He was a non-smoker with a number of health problems that were exacerbated by tobacco smoke—we talked about prisoners and vaping earlier. He complained that the smoking ban was not being properly enforced in the common parts of prisons, and issued proceedings for judicial review of the Secretary of State’s refusal to provide access to the NHS smoke-free compliance line to prisoners.
The Supreme Court unanimously dismissed Mr Black’s appeal, holding that Parliament must have intended the Crown to not be bound by the smoking ban, otherwise it would have made an express provision for it in the Act. In the words of Lady Hale:
“there are powerful indicators in the language of the Act itself that the Crown was not to be bound by the smoking ban.”
In 2013, the Joint Committee on Parliamentary Privilege noted that the ambiguity had led to many inconsistencies in statute law. That Committee considered that it was not practicable to resolve the inconsistencies without sweeping retrospective change, which could have unforesee- able consequences. It concluded that in the absence of legislation, the safest way forward—however undesirable it might be as a statement of principle—was to reiterate and formalise the current presumption that legislation does not apply to Parliament unless it expressly provides otherwise. That was agreed on, and now there is a rule that legislation creating individual rights that could fit with parliamentary activities must expressly say that it applies within Parliament.
Here we are today, with clause 159, which stipulates that the Bill and regulations made under it will apply to the parliamentary estate. The Bill does not replace the smoke-free provisions in the Health Act 2006 and does not otherwise provide directly for the smoke-free restrictions discussed above. There is no obvious means by which clause 159 will place the parliamentary estate within the scope of the 2006 Act. However, clause 136 enables Ministers to add to the list of places designated as smoke-free by introducing new regulations under proposed new section 4(1) of that Act. It is therefore possible for new regulations to designate the parliamentary estate as smoke-free, but I have seen no indication from the Government that they plan to do that. Clause 136 also enables Ministers to make exceptions to smoke-free legislation.
The extent to which the Bill can be used to place the parliamentary estate within the scope of smoke-free legislation is therefore a matter for legal interpretation, and I would be interested to know the Minister’s thoughts on that. Earlier in the debates that we have been having during line-by-line scrutiny of the Bill, we talked about the snuff that is kept outside the door, with the Doorkeepers, and the Minister suggested there was no reason why that could not continue, but I am interested to understand his thoughts in relation to clause 159.
I concur with the rationale and explanation that my hon. Friend has just given. The question about how we will deal with snuff and other products in the House is an interesting one, because we do not want to see any of our Doorkeepers perhaps being criminalised for having something on the estate or how they have supplied it. I know that earlier discussions focused on the BBC—
I thank my hon. Friend for her support in this discussion. Is it not also the case that the House has a lot of peculiarities and traditions that are sometimes eccentric, but interesting, and that although we would not necessarily want to create exceptions for MPs to use a product that is not available to members of the public, the inability to have the box there would be a loss of a tradition, which would be a bit of a shame?
I agree. One of the things that I have most enjoyed over the last few weeks and months has been learning all the different traditions and the meanings behind them. Having done my original degree in history, I appreciate all that, so the many history lessons that we have had from the shadow Minister in the course of these debates have been much appreciated by me. It is interesting that that is why clause 159 has been put in place, but I would like the Minister to expand on how he thinks that it will work in practice. Will we see the removal of the snuffbox? How will that work in the future?
This is a standard clause. It provides that the measures in the Bill and regulations made under it apply to the parliamentary estate. I hope that Opposition Members do not think that the parliamentary estate should be above the law that Parliament will, I hope, pass. This clause requires the parliamentary estate to adhere to the tobacco and vaping control measures under the Bill and regulations made under it, ensuring consistent application of the law. The wording of the clause was previously agreed with the Clerks of both Houses of Parliament—both the House of Commons and the other place—so that the whole of the parliamentary estate will be covered by the same laws that will apply outside the parliamentary estate. It will include, for example, the shops, to ensure that there is consistent application of the law. It appertains to the House of Commons shop, the House of Lords shop and the retail outlets on the parliamentary estate. Those regulations that apply to retailers outside the parliamentary estate will apply within the parliamentary estate.
Is the Minister aware of any retailers on the parliamentary estate at the moment that actually do sell any tobacco or cigarette products?
No, I am not, but the point is that the law has to apply equally within Parliament and outside of Parliament. There has to be a consistency of approach, and just because a person cannot get the House of Commons snuff from the House of Commons shop does not mean that the House of Commons shop should have a different set of regulations from any other retail outlet in the United Kingdom. Parliamentary Clerks and the Cabinet Office were consulted before the inclusion of this clause. They were content for it to be included, and that is why it is in the Bill.
We have spent an inordinate amount of time talking about the House of Commons snuffbox. Let me make it very clear, as I thought I had done the previous time and the time before that: we are not against tradition. That snuffbox can stay for evermore. We have a lovely gold-plated stationery holder on the Table of the House that was the gift of a country called Southern Rhodesia, which no longer exists. It is now Zimbabwe, and it is no longer in the Commonwealth, but we still have that lovely gold-plated stationery holder, because it is tradition. It was a gift from a former British possession when the House of Commons Chamber was rebuilt. The snuffbox will still be there, but it will not have snuff in it, because we will be applying the law of the land. I have no reason to think that future Doorkeepers will not still want their names on that historical artefact, the snuffbox, because that is tradition. It is just that we are snuffing out the snuff.
I commend this simple clause, which has the support of both Houses, to the Committee.
Question put and agreed to.
Clause 159 accordingly ordered to stand part of the Bill.
Clause 160
Further consequential amendments
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss schedule 21.
I know that the Minister enjoyed grandstanding about equality, but I am not sure that he actually answered the question. Clause 160 talks about consequential amendments, and one question that I asked him about clause 159 was whether it would have the effect that he says it will. It says:
“To the extent that this Act or regulations made under it would not…apply in relation to the Parliamentary Estate, they do so apply”,
but it does not include the Health Act. As there are consequential amendments in clause 160, would there need to be a consequential amendment to the Health Act? It is that Act, as amended, that provides for the regulations in relation to smoking.
Clause 160 and schedule 21 provide further general consequential amendments relating to this Bill. The specific amendments to existing legislation are set out in the schedule. Those amendments help the provisions in the Bill to function effectively within the existing legislative framework. This is a standard supplementary clause that enables the legislation to function as intended following the Bill’s introduction.
The shadow Minister refers to different aspects of legislation. Many of the clauses that we have already debated bring together existing tobacco control legislation in one place, so the consequential powers that we are seeking through this clause will make sure that the existing legislation set out in the schedule will be amended, to ensure the smooth running of the legislation. I therefore commend the clause and schedule to the Committee.
Question put and agreed to.
Clause 160 accordingly ordered to stand part of the Bill.
Schedule 21 agreed to.
New Clause 2
Tobacco products statutory scheme: consultation
“(1) The Secretary of State must consult and report on the desirability of making a scheme with one or more of the following purposes—
(a) regulating, for the purposes of improving public health, the prices which may be charged by any producer or importer of tobacco products for the supply of any tobacco products,
(b) limiting the profits which may accrue to any producer or importer in connection with the manufacture or supply of tobacco products,
(c) providing for any producer or importer of tobacco products to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those products (whether on the basis of net prices, average selling prices or otherwise) to be used for the purposes of reducing smoking prevalence and improving public health.
(2) In this section—
‘importer’, in relation to tobacco products, and ‘tobacco products’ have the meaning as in Part 5 (see section 112),
‘producer’, in relation to tobacco products, is to be construed in accordance with the meaning of ‘production’ in Part 5 (see section 112).”—(Mary Kelly Foy.)
This new clause would require the Secretary of State for Health and Social Care to consult on proposals for regulating the prices and profits of, and to raise funds from, tobacco manufacturers and importers.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
I will not be pushing this new clause to a vote; nevertheless, I think it is a policy that the Minister should take into consideration. New clause 2 would require the Secretary of State for Health and Social Care to consult on a “polluter pays” levy. The Minister will know that I and members of the all-party parliamentary group on smoking and health have campaigned for this for some time. It was also recommended in the Khan review in 2022 and, more recently, by the Institute for Public Policy Research’s commission on health and prosperity.
Action on Smoking and Health estimates that smoking costs England more than £43 billion a year. That is more than £27 billion in productivity costs, nearly £14 billion in social care costs and more than £1.8 billion in NHS costs—and much more. A “polluter pays” levy on tobacco manufacturers could raise around £700 million a year, with that money coming from tobacco companies’ profits, not raised from consumers.
A levy of this kind would provide sustainable funding for tobacco control and could be given to organisations such as Fresh, the tobacco control programme in the north-east, which does such vital work in ensuring that no one gets left behind as we move to a smoke-free future. In fact, all the Government’s programmes on tobacco, including mass media campaigns, incentives for pregnant women and support for smokers with mental health problems, could be funded many times over, with cash to spare that could go to other public health initiatives.
This would be subject to consultation, but the model proposed by Action on Smoking and Health would cap the wholesale price of tobacco, similarly to how we cap the prices of essential utilities and hence limit profits. The big four tobacco companies account for 95% of UK sales and make excessive profits selling a highly addictive product that kills two in three long-term users when used as intended by the manufacturer. Tobacco manufacturers make an estimated £900 million in profit per year in the UK, with an average net operating profit margin of about 50%. For context, the average profit margin for UK manufacturing is 10%.
There is widespread public support for this measure: 79% of adults in Great Britain would support a levy on the tobacco industry, with only 5% opposed. I hope the Government will seriously consider this, because it would complement the intentions of the Bill.
I am interested by this new clause. Tax is applied to some products that the Government would like us to consume less of, to make them more expensive so that we consume less of them, and that has been the case with tobacco for some time.
Looking at the current levels of tobacco duty, we see that tax on cigarettes is 16.5% of the retail price of £6.69 for a pack of 20, which is quite a substantial proportion of the cost. Cigars are taxed at £4.17 on a 10 gram cigar, and there is 14.3% tax on a £30 packet of hand-rolling tobacco.
The Government introduced an escalator for further increases in tobacco taxation in their autumn Budget. In addition, they have introduced a tax on vaping products, which will help to take them out of the reach of pocket money. Personally, I have been quite concerned about the fact that vaping products are so cheap that children can easily buy a vape with pocket money, and if they are potentially about to get caught, they can discard it without worrying and then buy another one. A tax on vaping products is, therefore, a welcome initiative.
However, as I understand it, the Government make £8.8 billion per year from tobacco taxation—I am sure the Minister will correct me if that figure is wrong—and it is in the gift of the Chancellor to increase these taxes if she wants to. She is quite good at increasing taxes, so I am sure she knows that that is the case.
As I understand it, the hon. Member for City of Durham proposes that the tax on these products should automatically go towards improving the health—including the public health—of the nation, as opposed to going into general funds. In practice, the Government are already free to spend the money that they receive from tobacco and vape taxation on the health service. They certainly already spend more on the health service than they receive in tobacco taxes. It is a choice. To govern is to choose, and they are choosing how they wish to spend the taxes they raise.
The new clause proposes
“limiting the profits which may accrue to any producer or importer”.
Presumably, that would require some sort of open-book system, and I am not quite sure how the hon. Lady thinks that would work. This level of regulation of the market would require quite detailed open-book working. Perhaps she would like to explain why she thinks that is necessary, when the Government already have in their remit the levers of taxation specifically for these products.
The difference is that the tax would not come from the consumers. This would be a tax on the big four tobacco companies, rather than raising taxes from consumers. We know that consumers of these products are already likely to come from deprived backgrounds. In addition to raising revenue, the measure would allow us to impose much tighter controls on the prices of tobacco products. That would disincentivise the tobacco industry from creating so much profit from their products.
Although the Chancellor can use taxes for whatever purpose, this measure would be a tax on those companies whose product, as we know, kills one in two of the people who use it. Just raising taxes in the way that the hon. Lady describes would be an extra burden on the consumers who we are trying to help quit tobacco.
I thank the hon. Lady for her explanation, which was really helpful. I am grateful that she, as a Labour MP, understands that a tax on business will be passed on to the consumer, because it seems that the Chancellor does not. Perhaps the hon. Lady should apply for a new job.
The hon. Lady is right that if taxes are applied to a business, the business will pass them on to the consumer. The only way to avoid that is through price control. Nevertheless, I do not think that makes price control a desirable thing for the Government to interfere with. That level of regulation would go too far, and other measures in the Bill already seek to restrict and disincentivise smoking in so many different ways. I hope that they will be effective and that there will be no need for such onerous regulation.
The hon. Member for City of Durham has proposed a very interesting concept. Although she may not be pressing the new clause to a vote, it is interesting to discuss the concept in principle, so I thank her for tabling it.
Essentially, the proposal is that the Secretary of State would have to consult on a scheme that would regulate prices and limit profits, and then they would calculate the tax:
“by reference to sales or estimated sales of those products”.
That is an interesting concept, but I wonder whether it could be deemed anti-competitive. I know that the ultimate aim is to close down the tobacco companies, and that is essentially what the measure would drive towards, but in the interim, when many people will still be legally able to smoke, what arguments might the companies make in that regard? The Chancellor says she is pro-business and is encouraging business. The tobacco companies are perhaps not the businesses she has in mind, but the provision would have wider repercussions that could flow into other areas.
As the Minister has often said, tobacco sales are declining, so perhaps the new clause would not be as effective as it needs to be in the long term, although I see the principle behind it. I am also concerned that if we put on caps or try to close down the market, we may end up with poorer quality, illicit-market tobacco. I am trying to think about the wider implications. Perhaps the hon. Lady wants to say something further in that regard.
The new clause would be a game changer. One of the questions was whether the measure might later be applied to other areas—I presume that the hon. Member means taxing the big alcohol and gambling companies—but tobacco is a uniquely lethal and addictive product, so in this case the intervention is justified. She makes a good and compelling point, but I think the Government’s overall health strategy is to shift from sickness to prevention, which will require looking at all habits and supporting people to live healthier lives in healthy environments.
I have been listening carefully to the hon. Lady. Does she have a price for tobacco products in mind? Governments of different colours have increased tobacco duty a bit at a time, presumably to nudge behaviour. If we do not increase it enough, we do not have the desired effect, but if we increase it too much and too fast, we potentially drive people into illicit-market tobacco. We heard from the chief medical officer about the difficulties people have in giving up cigarettes because of the profoundly addictive nature of nicotine, so if we were to increase the prices too quickly, we could end up making life difficult for people who are poor and addicted to nicotine, without the necessary support in place. If the prices are going to go up to somewhere in the middle, how is that different from taxation?
The new clause asks for a consultation, so a lot of issues would need to be worked through with the Chancellor. However, the tobacco companies make exorbitant profits from a product that kills the folk to they sell it to, so I am sure that the shadow Minister would agree that that means we should use some of their profits to pay for the damage being done.
I certainly agree that it is immoral to sell products that they know are addictive, are dangerous and kill people.
I am almost glad that my hon. Friend the Member for Windsor is not here, because at this point we would probably be launching into a much longer and more protracted debate, so we are lucky in that regard—[Interruption.] I am being chastised by the shadow Minister.
We should consider that interesting point and its knock-on impact because, in common with the hon. Member for City of Durham, I have concerns about the illicit tobacco market. I very much agree that we should be moving to a new system of preventive medicine. As I have mentioned, I have type 1 diabetes, and I want to see a greater and earlier use of technology to prevent long-term problems. The new clause provides a useful point for discussion, and I thank the hon. Lady for tabling it.
I am grateful to my hon. Friend the Member for City of Durham for tabling the new clause, because it allows us to have a debate about a really important matter. As has been discussed, the new clause would require the Secretary of State for Health and Social Care to consult and report on a scheme to regulate and to raise funds from the prices and profits of tobacco manufacturers and importers.
Duty on tobacco raises around £8.8 billion a year. The Government’s preferred approach is to continue with a proven and effective model of dealing with tobacco products through increases in tobacco excise and through duties. This generates finances that can support a full range of public services, including public health and the NHS, as well as smoking cessation services. We believe the proposed scheme would be complex to implement and might take several years to materialise.
Alongside the Bill, we are taking strong action to reduce the affordability of tobacco, which is an effective measure to trigger smoking cessation. The United Kingdom already has some of the highest tobacco taxes in the world. The World Health Organisation recommends that total taxes on tobacco are at least 75% of the retail price on typical cigarettes. The United Kingdom comfortably meets this target, with taxes at around 80% of selling price.
As announced at the autumn Budget 2024, duty rates on all tobacco products were increased in line with the tobacco duty escalator by 2% above retail price index inflation. The duty rate on hand-rolling tobacco was increased by a third of 10%, to 12% above RPI inflation, to reduce the gap with duty on cigarettes. Those changes came into effect on 30 October 2024.
Cigarettes are also subject to minimum excise tax, which sets a minimum amount of duty collected on a pack of cigarettes. That discourages manufacturers from selling cheap cigarettes, as it reduces the profitability of cigarettes sold at or below minimum excise tax trigger prices. The new minimum excise tax is £8.93 for a pack of 20, and it applies to cigarettes sold at or below £13.59 for a pack of 20.
We are still going further on tobacco tax. As announced in the autumn Budget, there will be an additional one-off increase for all tobacco duties. That will come into force on 1 October 2026, when the vaping duty comes into effect. From a financial perspective, that will maintain the incentive for smokers to switch to vaping once the new excise duty on vaping products comes into force.
On one last technical note, His Majesty’s Treasury can consult on tobacco taxation and fiscal policy at any time, so that does not need to be set out in the Bill. For those reasons, I ask my hon. Friend the Member for City of Durham to withdraw her new clause.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 4
Ban on supply of cigarette filters
“(1) The Secretary of State must make regulations under section 140 of the Environmental Protection Act 1990 having the effect of prohibiting the supply of relevant cigarette filters or cigarettes containing relevant cigarette filters, whether by way of sale or not, in the course of a business.
(2) The notice required under section 140(6)(b) of the Environmental Protection Act 1990 in relation to the regulations mentioned in subsection (1) must be published no later than the end of the period of 6 months beginning with the day on which this Act is passed.
(3) In this section,
‘relevant cigarette filter’ means a filter which contains plastic and which is intended for use in a cigarette, whether as part of a ready made cigarette or to be used with hand rolling tobacco or other substances to be smoked in a cigarette.”—(Dr Caroline Johnson.)
This new clause requires the Secretary of State to make regulations which would prohibit the supply of cigarette filters which contain plastic or cigarettes containing cigarette filters which contain plastic. The regulations would be made under section 140 of the Environmental Protection Act 1990.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
I am sorry that the hon. Member for Dartford is not here to discuss his important new clause 4, which is about a ban on cigarette filters. I asked the Minister why cigarette filters were not included in clause 1, along with cigarette papers and tobacco products. Cigarette filters have a health effect, but it is not necessarily the effect that most people think. Filters were first introduced in the 1950s in response to mounting scientific evidence highlighting the dangers of smoking. The tobacco industry seized upon the opportunity to present the filter as a way to make cigarettes safer. It claimed that they reduced the inhalation of harmful substances such as nicotine, tar and other toxicants.
The early filters were made of cork, which is the origin of the cork pattern that can still be seen on many cigarettes. By the end of the 1950s, sales of cigarettes with filters had surged to more than 40% of the market, and by 1965, more than 60% of cigarettes were manufactured with filters. Alongside that shift, the marketing of light and mild cigarettes with ventilated filters further enhanced the illusion—and it is an illusion—of reduced harm, making smoking appear to customers more palatable, and to some extent reducing customer awareness of the risks involved.
There were some early studies that appeared to support the tobacco industry’s claims. Filter tip cigarettes at that time were thought to be associated with lower rates of lung cancer and mortality, compared with their unfiltered counterparts. However, when comprehensive and rigorous studies were completed over time, the initial findings were disproven. Subsequent epidemiological data revealed that both ventilated and non-ventilated filter tip cigarettes were just as harmful as unfiltered cigarettes. In fact, the incidence of lung adenocarcinoma—a type of lung cancer that has increasingly replaced the more prevalent squamous cell carcinoma—has risen significantly in recent decades. The rise in adenocarcinomas is believed to be linked to the use of ventilated filters, as they affect smoking behaviour and the combustion of the product.
One of the key reasons why filter tip cigarettes fail to reduce the risk of lung cancer and other diseases is the changes they cause in smoking behaviour. When cigarette filters were introduced, they altered the way people smoked. For example, smokers began taking longer and deeper puffs, increasing their exposure to harmful chemicals in the smoke. Such behaviours may have upset the potential benefits that some individuals thought filters might have in reducing the toxic smoke inhaled.
The presence of a filter, especially those with ventilation, changed the combustion of the cigarette itself. That led to a greater exposure in smokers to tobacco-specific nitrosamines, which are potent carcinogens and a major contributor to lung cancer. The filtering process did not remove those harmful substances, and in some cases may even have enhanced their presence in the smoke that smokers inhaled.
Another concerning aspect of modern cigarette filters is the material from which they are made. The most common material used is cellulose acetate—a synthetic plastic that, when inhaled, can contribute to respiratory issues. The fibres and microplastics from filters can embed in the lungs, potentially leading to long-term damage. Although that material can be effective in filtering out some particles, it does not remove gases of low molecular weight, such as carbon monoxide, which are also harmful to health.
Despite cigarette filters being marketed as a safer option, their widespread use over the past 60 years has had little effect on reducing the health risk of smoking. In fact, it may have contributed to a decrease in public awareness about the dangers of smoking, and may have led to more people becoming addicted to smoking without fully understanding the risks involved.
I note that new clause 4 suggests that the Environmental Protection Act 1990 should be used to ban the supply of cigarette filters, because they have a significant environmental impact. Roughly 4.5 trillion cigarette filters are disposed of annually, making them the most littered man-made waste item in the world and accounting for roughly a third of all litter found in coastal and urban clean-ups. Despite their small size, the sheer volume of discarded cigarette butts would fill almost 50,000 shipping containers every single year, and that is expected to increase by 50% in 2025.
I was absolutely shocked to learn that cigarette butts account for one in five pieces of discarded plastic. When it is predicted that by 2050 there will be more tonnage of plastic in the ocean than fish, we should look at every way possible of protecting the environment and wildlife from plastic pollution. Back in 2019, a third successful dive was made to the Mariana trench—the deepest part of the ocean; it is 36,000 feet deep, which is greater than the height at which jumbo jets fly—and I was surprised that when the people were down there documenting previously unseen life forms, they came across plastic pollution. This is such a serious issue that we need to look at every way possible of reducing plastic pollution. Those tiny cigarette butts in particular can be swallowed by a huge number of creatures, as well as contaminating the environment.
I thank the hon. Gentleman for that important intervention. He is absolutely right that these items are a huge danger to the environment, and it is sad when we go to parts of our world that are still not well explored, such as the Mariana trench, and find evidence of damage caused by the human race, such as plastic pollution. Although I have huge sympathy for people who have become addicted to nicotine and find it difficult to quit smoking, there is no excuse for the litter that it creates all over our beaches and our urban and rural areas.
Cigarette filters are neither biodegradable nor effectively recyclable. They are made, as I said, primarily from cellulose acetate—a plastic material that does not biodegrade. Even after two years of decomposition, cigarette filters will have lost only about 38% of their mass, and the remaining material continues to persist in the environment. During that time, filters leach harmful substances, including heavy metals and toxic chemicals such as arsenic, that have been inhaled through the filter and into the surrounding environment, further contaminating soil and water sources.
Cigarette butt waste has been shown to impact marine and coastal environments. Studies have demonstrated that cigarette filters affect the micro-biodiversity of coastal sediment and that they pose harm to marine animals that ingest them. That is a growing concern, as the hon. Member for Winchester said, as plastic waste continues to accumulate in the ocean, harming wildlife and disrupting ecosystems. The Ocean Conservancy’s international coastal clean-up has, over the course of 32 years, collected more than 60 million cigarette butts from the ocean. Although that sounds like a lot, that accounts for just 0.00001% of all cigarette filters thrown away in a single year, so this is a difficult thing to clean up.
Despite the growing awareness of the environmental impact of single-use plastics, cigarette filters have not been subject to the same regulations as other plastic products. For example, the European Union banned many forms of single-use plastic in 2019, but cigarette filters were not included, leaving a significant loophole. As cigarette consumption remains widespread, the environmental impact of the filters continues to grow. In October 2024, Santa Cruz county in California became the first jurisdiction in the world to approve a ban on filtered cigarettes and cigars.
One of the questions I have for the hon. Member for Dartford who tabled the new clause—he sadly is not here—is why he has chosen to use the 1990 Act. The previous Conservative Government banned a number of single-use plastics on the basis that they were harmful to the environment, that there were non-plastic, more environmentally friendly and more suitably priced items available, and that it would help to improve the environment, which is a very good thing. However, one of the reasons for introducing those bans through secondary legislation under the 1990 Act was that there was not an opportunity to do so in primary legislation, because of the time constraints of the parliamentary calendar. The Minister has talked about getting time for primary legislation already.
This Bill is a piece of primary legislation, and to add cigarette filters to it only requires the Government to write in clause 1 “and cigarette filters too”, and to make consequential amendments through the Bill on that basis. I agree with the principle that cigarette filters are a bad thing for the environment, and they are not good for people’s health, but I am not entirely sure why the 1990 Act is being used and why the Minister has not included filters in clause 1 and consequentially throughout the Bill. Perhaps he can tell us in winding up.
I thank my hon. Friend for her explanation. I did not know that it was cork that gave the colouring, so that is another benefit of her history lesson. We are aware that the previous Conservative Government took strong action to try to remove plastics in the environment. We introduced the UK-wide prohibition on the use of plastic microbeads in the manufacture of some cosmetic and personal care products, such as face scrubs, toothpastes and shower gels, where the little beads could wash into the sea. That was one of the reasons why those beads were banned. It is therefore an interesting argument to make that we should ban cigarette filters with their plastic content, because we do not want further pollution of our beautiful natural environment.
The World Health Organisation has advocated for banning those filters. As my hon. Friend compellingly said, there are no health benefits to such filters being used—which I had not appreciated. One would assume that those filters would have helped, but it is interesting that they do not. I note that the UN General Assembly is also advocating for a ban on filters, particularly given their plastic content.
My hon. Friend makes the point about the plastic content. I just spotted that in the explanatory statement for new clause 4 from the hon. Member for Dartford, he talks about wanting specifically to ban cigarette filters that contain plastic, as opposed to other cigarette filters. That would improve the environment, but a question is raised by the fact that when a cigarette filter is in use, the toxic chemicals present in the cigarette flow through that filter and becoming lodged in it. So as well as the plastic pollution as the filter is littered into the environment, causing a hazard, there is also the fact that as it decomposes, those other toxic chemicals present in the tobacco smoke are in the filter and leach out into the environment. That presumably would be the case even if the filter was not made of plastic, although the plastic is clearly extra harmful.
I agree. That is a good conclusion to have worked through, which we perhaps had not had the opportunity to turn our attention to. I would like to see a provision of this nature. I am intrigued, as my hon. Friend said, by why the Minister has not included filters in the outright initial ban. That should be considered, perhaps on Report.
As a general principle, we need to look after our natural environment. A ban on the plastic contained in cigarette filters would surely be a sensible move. As my hon. Friend has said, however, the filters do not achieve what anyone was hoping and do not make smoking safer. I therefore think we must have further discussion. Will the Minister give a little more explanation on some of the rationale and whether the measure can be included in the Bill?
I am grateful to the shadow Minister for moving this new clause for debate and to my hon. Friend the Member for Dartford for tabling it. New clause 4 would require the Secretary of State to make regulations under the Environmental Protection Act 1990 to prohibit the supply of cigarette filters that contain plastic or cigarettes containing cigarette filters that contain plastic.
I am incredibly sympathetic to the premise of the new clause. Cigarette filters, as we heard from the shadow Minister, have historically been marketed as making smoking safer, and we know that smokers can perceive cigarettes with a filter as tasting smoother and being of lower risk. Evidence shows that there is no proven health benefit to cigarette filters. All tobacco products are harmful to health.
However, as with all regulations, it is important that any measures are fully considered and evidence-based, to ensure that there will not be any unintended consequences—[Interruption.] Did the hon. Member want to intervene?
The hon. Member for Dartford has now arrived, so perhaps the Minister would be so kind as to allow him to intervene.
Hang on. It is for the Minister to decide who he wants to give way to. Minister, carry on speaking; if somebody catches your eye, it is up to you whether you allow them to intervene.
If my hon. Friend the Member for Dartford wants to intervene, he need only ask.
I thank the Minister for giving way and welcome the fact that I am serving under your chairship, Mr Pritchard; it is an honour. I apologise to the Committee that I was not present to move the new clause and thank those who have moved it and spoken on it. The Minister has outlined some of the health dangers connected with filters. They do not prevent any of the toxins and carcinogens that—
May I pause the hon. Gentleman for a moment? If he wants to make an intervention, that is great, and he can make as many as he wishes. If he wants to make a speech, he can also do that, but that will come a little later.
I am quickly coming to the point of my intervention; I reserve the right to say something else later. The Minister has outlined the fact that the health benefits of filters are non-existent, but is he also aware that, according to Keep Britain Tidy, cigarette butts make up 66% of all littered items and cost UK local authorities around £40 million per year to clean up? Would he consider that relevant to this new clause?
My hon. Friend is absolutely right. Litter is something that this Government take seriously. Tobacco litter remains a concern for the Department for Environment, Food and Rural Affairs, with cigarette filters consistently scoring as the most littered item in surveys. Local authorities already have the powers to punish those who litter through prosecution. They can also create smoke-free areas through the use of public space protection orders.
Nevertheless, my colleagues in DEFRA believe that the best way to tackle littering of filters is through a reduction in smoking rates. We therefore continue to support all initiatives designed to encourage people to quit smoking. This Bill aims to reduce smoking prevalence in the UK. Our published modelling, which I have referred to, shows that smoking rates in England among 30-year-olds and under could be close to zero as early as 2050, which is likely to reduce overall litter levels, as there will be fewer tobacco and tobacco-related products sold and disposed of each year.
We need to be very wary of unintended consequences. I know for certain that my hon. Friend, like me, does not want to give tobacco manufacturers the opportunity to greenwash and to say that they have created a product that is not only healthier for people because it has a filter—we know that that is utter nonsense, but it is the lie they have peddled to date—but better for the environment. We will not allow the tobacco industry to improve its reputation by making itself appear to be environmentally aware and taking action.
I am incredibly sympathetic to the premise of the new clause, but we do not think it necessary, because the Department for Environment, Food and Rural Affairs already has the power to consult or introduce legislation on banning single-use plastics in cigarette filters at any time. It may well be that my hon. Friend will pursue that directly with the Environment Secretary and Ministers in DEFRA to get the outcome that he wishes to see, but placing the measure in a specific piece of tobacco control legislation runs the risk of allowing the tobacco industry to say that it is environmentally friendly.
Without necessarily endorsing the ban that the new clause would lead to, is the Minister prepared to think about supporting a move to other parts of Government, and perhaps about even moving to ban cigarette filters, as part of the consultation that his Department is about to undertake? That would generate momentum for what he rightly says would be a positive move for the environment and for health.
We are very clear about the measures in the Bill that we will consult on, but I reassure my hon. Friend that I am in regular contact with Ministers across Government about a whole range of issues, not least because the health mission board has decided that I have a lead role in bilateral discussions on the health mission. I will certainly continue to raise the issue of cigarette end litter with colleagues in DEFRA, and to see whether we can get DEFRA to use some of the powers at its disposal in order to meet the aims and ambitions of my hon. Friend, but it need not be included in this Bill specifically, because it is a DEFRA-led policy.
The shadow Minister and the hon. Member for South Northamptonshire asked why cigarette filters were not covered in earlier clauses. In the Bill, we have taken a power to update the legislation to include tobacco devices and accessories that enable a tobacco product to be consumed, such as a pipe. It would not cover filters, as they do not enable a product to be consumed. That is the legalistic reason that cigarette filters are not in scope of the Bill, as we debated way back when. I ask my hon. Friend to withdraw the new clause.
Given that the shadow Minister moved the new clause, it is for her to press or withdraw. Shadow Minister, do you want to withdraw it or press it to a vote?
That depends on whether the Minister can assure me that he intends to bring forward legislation under the Environment Act 2021 to deal with plastic filters.
That is way above my pay grade. It is a matter for the Department for Environment, Food and Rural Affairs, and I have already assured my hon. Friend the Member for Dartford that I will speak to ministerial colleagues in DEFRA. We are very sympathetic to the aim of the new clause, but we do not support the Bill being the mechanism to achieve it.
I thank once more the shadow Minister for moving my new clause in my absence. If I were moving it, I would be content, given the Minister’s assurances to pursue this matter, to withdraw it. I know that there are others on both sides of the Committee who will work with me to make the right representations to DEFRA to see the point of the new clause carried forward in another part of Government. Were I moving my own new clause, I would be happy to withdraw it at this point.
I am grateful to the hon. Gentleman for making that clear, although it is technically your decision, shadow Minister.
I take the Minister at his word. He is an honourable man and I hear that he has sympathy for the new clause. The important thing is that it gets done, not necessarily that it gets done in a particular piece of legislation. I will take him at his word and look forward to seeing the legislation come before an SI Committee for DEFRA. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 5
Ban on manufacture and sales of high-strength nicotine pouches
“(1) It is an offence to manufacture a high-strength nicotine pouch.
(2) It is an offence to—
(a) sell or expose for sale a high-strength nicotine pouch, or
(b) offer or expose a high-strength nicotine pouch for sale.
(3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business.
(4) In this section “high-strength nicotine pouch” means a nicotine pouch that—
(a) is intended for oral use,
(b) is not intended to be inhaled,
(c) does not contain tobacco, and
(d) contains more than 20 milligrams of nicotine per pouch.
(5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence.
(6) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.”—(Mary Glindon.)
This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
New clause 5 was tabled by the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon), who is not on the Committee, and addresses an important issue that is causing me huge concern as well: that of nicotine pouches. We have heard repeatedly in this Committee, and from our witnesses in the evidence sessions, about how the tobacco industry behaves—how it seeks to addict people to nicotine for a lifetime and how it seeks to do so in relatively young people, who are most susceptible to its marketing and to the nicotine addiction itself.
Nicotine pouches are tobacco-free products that are becoming increasingly popular in the UK. They first entered the market in 2019 and are most prevalent among smokers trying to quit, although there is now a substantial market for non-smokers, in the same way that we have seen with vaping and other products over time—this is the latest one, as it were. The main type of oral nicotine products comes from brands like Zyn, Velo, Nordic Spirit, LOOP and White Fox. There are also stronger variants, like Siberia and Killa. They are a tobacco-free product that is placed between the lip and the gum and held there for oral absorption of nicotine, similar to Swedish snus. They are pre-packaged, pre-portioned pouches produced in a variety of flavours.
The Health and Social Care Committee went to Sweden last spring—around the time that the previous Government’s Bill was in Committee—where we saw rows upon rows, floor to ceiling, of these products in shops across Sweden, where they are very popular. We have seen the same pattern of marketing towards children as we are seeing for vapes and have seen for tobacco in the past. If mint is one’s favourite flavour, one could go for crispy peppermint, mighty peppermint, peppermint storm, witty spearmint, humble spearmint or even spiffy spearmint. If fruit flavours are more your thing, Mr Pritchard, choices include wintry watermelon, blueberry boost, hot berries, blushy berry, groovy grape, breezy mango and punchy lime. These pouches are now available in a whole variety of flavours, also including cinnamon flame, nutty Virginia and fizzy lemonade, and they have become more popular. They have attracted investment from the world’s biggest tobacco companies, eager to shift to so-called reduced-risk products as regulation and health concerns tighten worldwide, and have become a viral hit with consumers, many of whom are too young to already be smokers.
Philip Morris International acquired Zyn maker Swedish Match in 2022 for about $16 billion and said that the product had helped to boost its revenues by almost a fifth in the first nine months of last year as it delivered its third quarter results. It said that Zyn was now available in 30 countries, with recent launches in Greece and the Czech Republic. British American Tobacco owns the Velo brand and said in August that nicotine pouches were its fastest-growing new category, with organic revenue up more than 48% in the first half of 2024 compared with 2023. I am sure the Minister will look at this carefully and, as he seeks to protect the population’s public health in relation to nicotine products, I am sure he will be cognisant of the need to protect under-18s from these products.
New clause 5 focuses specifically on the nicotine content of these products. The nicotine content of oral nicotine pouches can vary. Typically, it is between 4 mg and 18 mg of oral nicotine per pouch, but there are many that contain much more. Some online retailers sell products containing up to 150 mg of nicotine per pouch. Oral nicotine pouches are sold in a variety of flavours but also in a variety of strengths. The comparison with a cigarette is quite stark:
“Researchers at the University of Stirling found that some pouches for sale on the UK high street had a nicotine content equivalent to 10 cigarettes.”
Those products are being put on people’s gums and giving them the equivalent of 10 cigarettes over a short period of time. The Financial Times article from 5 November 2024 goes on:
“‘They are strong enough to be psychoactive and they can cause local irritation,’ said Rosemary Hiscock of the Tobacco Control Research Group at the University of Bath. ‘Even if flavours are safe for food, we can’t be sure that they’re actually going to be safe if they’re held in the mouth for a long time, next to the gum line. There’s not been research on the interactions of that at all.’”
Oral nicotine pouches, alongside other novel nicotine products such as nicotine toothpicks and nicotine toothpastes that could emerge or have already emerged on to the market, are regulated under the General Product Safety Regulations 2005. Under the regulations, there is no current age of sale for retailers to impose, so these products are legally being bought by those under the age of 18, though the Bill will help to resolve that. Nicotine products are also not regulated by the Medicines and Healthcare products Regulatory Agency, because no medical claims are made and they are not an alternative to an authorised medical product. They are not being used as a medical prescription stop smoking device, but are sold more as a recreational form of nicotine by tobacco producers, who see their market in tobacco shrinking and want to find another way to addict the next generation of people to nicotine, thereby removing their choice and potentially damaging their health.
We have seen social media and website, content and brand advertisements promoting nicotine pouches as performance enhancers for gaming and sport. We have seen the promotion of JTI’s Nordic Spirit pouches at music festivals; and Zyn and Velo, which are owned by tobacco companies, run reward programmes allowing consumers to swap empty packets for prizes such as iPads. I hope the Minister can confirm that those will be prevented by the Bill—they will be prevented by legislation if the Minister regulates, as he is given the powers to do by the legislation. We hope that he intends to do so.
The Advertising Standards Authority has tried to control this within current powers; a major nicotine pouch brand implying mood enhancement and stimulation was banned by the ASA in 2021. There is little reliable evidence that nicotine has any performance-enhancing benefits in sports, but a report by Loughborough University in May 2024 found that one in five 5 professional footballers in England currently use nicotine products and that two in five have used nicotine products at least once.
UK survey data shows that nicotine patches are becoming increasingly prevalent in the UK. In 2020, a survey of the UK showed that 2.7% of people had tried nicotine patches, but that had essentially doubled by 2024 to 5.4%, with an increase in popularity among young people, which shows increased awareness among young people; shop displays, bus banners and social media promotion are making them more and more of a problem among young people.
Does this matter? Well, of course being addicted to something one does not want to be addicted to does matter, but what health issues might be caused by these nicotine pouches? According to the impact assessment for the Bill,
“a recent scoping review, found that oral nicotine pouches claimed to be less toxic than cigarettes and deliver comparable nicotine, although data was mainly available from industry funded studies. Despite potentially lower toxicity than cigarettes, oral nicotine pouches still contain nicotine, which”
is still addictive and still
“can have harmful effects. A systematic review considering the harmful effects of nicotine found nicotine to adversely affect various systems within the body including the cardiovascular, renal, respiratory and gastrointestinal systems, it has also been shown to be a carcinogenic.”
The impact assessment continues:
“Nicotine is highly addictive; it can permanently affect the development of the adolescent brain”.
That is why it is such a problem that the pouches are being marketed towards young people. The assessment goes on:
“Nicotine also fulfils all the criteria required for a drug of dependence. Giving up nicotine is very difficult, and withdrawal symptoms can include cravings, irritability, anxiety, trouble concentrating, headaches, and other mental symptoms…Symptoms associated with nicotine dependence are not often recognised by novice smokers. A study considering the effects of nicotine dependence after smoking (cigarettes) initiation amongst adolescence found the symptoms of nicotine dependence can appear a few days after smoking initiation. Given oral nicotine pouches contain similar or higher levels of nicotine, similar symptoms might appear following initiation of oral nicotine pouch use.”
The industry claims to self-regulate and not to sell the products to under-18s, but it is clear that the products are being marketed towards them and sold to them.
The pouches can cause mouth and gum irritation. Although they are smokeless, they cause sore and receding gums and constrict blood vessels in the gums, reducing blood flow and potentially leading to long-term oral health complications. Those who frequently place pouches under the lips may experience irritation in the surrounding tissues. The pouches can also contribute to tooth decay. Some of the pouches contain incredibly high levels of nicotine, which are absorbed very quickly into the bloodstream; that can increase blood pressure and heart rate, potentially leading to cardiovascular problems. The excess saliva caused by the use of the pouches can cause gastrointestinal upset, as well as nausea and allergic reactions in some people.
Some of the manufacturers compare the level of nicotine in the pouches to that in cigarettes, but the nicotine in a cigarette is not all absorbed by the individual smoking the cigarette. In fact, only a very small proportion is, and although it is significant, it is smaller than the total content of the cigarette: one smokes the product intermittently, so some of the nicotine is simply burned away. With the pouches, however, absorption is rapid and continuous. In many cases the amount absorbed is significantly higher, which potentially creates a greater level of addiction more quickly.
In March 2023, Belgium became the first nation in the EU to ban nicotine pouches, followed by the Netherlands a month later, and there are concerns in the USA, Canada, Australia and many European countries about the popularity of these products. As I have said, the products are being specifically marketed towards children. They are being specifically marketed by tobacco companies that see that the market for tobacco is shrinking and that are looking for a way to get around the legislation and addict a new generation.
The branding, marketing and patterns on the product mean that some teens may see it as cool to use the strong pouches, but if a person is not used to nicotine, taking a very strong pouch could make them very unwell. If someone is using the pouches as a smoking cessation product, they would not need a product that is stronger than cigarettes, because that will increase rather than decrease their dependence.
The new clause would make it an offence to manufacture a high-strength nicotine pouch, sell or expose for sale a high-strength nicotine pouch, offer or expose a high-strength nicotine pouch for sale, or have a high-strength nicotine pouch in possession with intent to supply. It defines a “high-strength nicotine pouch” as a nicotine pouch that
“(a) is intended for oral use,
(b) is not intended to be inhaled,
(c) does not contain tobacco, and
(d) contains more than 20 milligrams of nicotine per pouch.”
We have heard that the pouches have levels from 6 mg up to over 100 mg, depending on the brand, but they are commonly sold at levels higher than 20 mg. I do not know whether 20 mg is exactly the right level—we would need research into that—but it would appear to be a greater level of nicotine than that provided by a cigarette. On a personal level, I would support 20 mg as a starting point, but if the Minister wants to reduce the level further, I am prepared to consider that. We need a cap on the strength of these products.
I find high-strength nicotine pouches incredibly concerning, as I had not been aware of their existence. There is a Member of the House who happens to use them; I had simply thought that that hon. Member was partaking of mints, but that is clearly is not the case.
This is an interesting area. As the shadow Minister has noted, pouches are discreet. When they are aimed at children, it is hard for parents to know what their children are taking, so they are particularly pernicious in their effect.
Many hon. Members will know that I often go back to social media. Apparently one of the main brands is called Zyn and is now trying to promote the trending of “Zynfluencers” via Instagram. The aim is to appeal to the younger generation. I do not think that that is acceptable, especially when some of these pouches are of a strength of up to 100 mg, as the shadow Minister mentioned.
Like the shadow Minister, I ask whether the Minister has any thoughts about whether the cap should be reduced further, because 20 mg may not be the right number. Given that the impact of long-term use of these pouches, which I happened to raise with the Member I saw taking one, includes mouth sores, gum irritation and oral cancer, I think we probably need a further discussion about them. I welcome any comments that the Minister may have.
I am grateful to the shadow Minister for moving the new clause tabled by my hon. Friend the Member for Newcastle upon Tyne East and Wallsend.
New clause 5 would introduce a ban on the manufacture and sale of high-strength nicotine products, with the maximum level of nicotine in a pouch set at 20 mg. Unlike nicotine vapes, there is currently no set nicotine limit for nicotine pouches; as we have heard, nicotine strengths vary from 2 mg per pouch to as high as 150 mg per pouch. There is also significant variation in these products internationally.
I am incredibly sympathetic to the arguments from the shadow Minister, from the hon. Member for South Northamptonshire and indeed from my hon. Friend the Member for Newcastle upon Tyne East and Wallsend. It is important to define the correct and safe nicotine level of a nicotine pouch. That is why we are already taking powers in the Bill that would allow the Government to limit the amount of nicotine in a pouch and to ban any other ingredient in a pouch that might be harmful.
We believe that secondary rather than primary legislation is the appropriate way to legislate on these matters, for all the reasons we have already debated. Legislation always has to be flexible enough to be amended based on new and emerging evidence. That allows the Government to set the right level of technical detail to ensure legal clarity. We will therefore consider the matter very carefully in our consultations post Royal Assent. I note that the shadow Minister referred to “if” we decide to use these regulations. Let me be very clear: these are precisely the kinds of things we will be looking at when we are moving like the clappers to get the regulations through.
In addition, nicotine pouches will be covered by all our other measures designed to reduce the appeal and accessibility of such products to children, such as powers to restrict flavours and regulate packaging, as well as those on general advertising. The shadow Minister gave an example of promotions that give out iPads in exchange for empty pouches. We clearly need to look at that specific promotion, but we are confident that it would be banned under the advertising restrictions that we have already debated and agreed to in Committee. I therefore ask her to withdraw the amendment.
I am grateful for the Minister’s comments. I understand that he is sympathetic. I know that he is going to go like the clappers; “going like the clappers” is apparently an RAF phrase, but I doubt that he is going as fast as a Tornado jet or a Typhoon—[Interruption.] Maybe he will: he is indicating that he might.
I reassure the shadow Minister that on some of these things I am going to go supersonic.
Hear, hear. However, in reality, regulations take time, and a sonic boom could damage the windows of this beautiful Palace of Westminster.
I do not know where the hon. Member for Newcastle upon Tyne East and Wallsend, who tabled new clause 5, has got the 20 mg figure, but my understanding is that 20 mg is a higher level than we would expect in a cigarette. Anything stronger than a cigarette could certainly not be considered a stop smoking device: it will just get people more addicted to nicotine than they would ever wish.
I will press the new clause to a vote, because I feel very strongly that over time we will see these pouches becoming the latest thing for children to become addicted to, despite the Minister’s best intentions.
Question put, That the clause be read a Second time.
Ordered, That further consideration be now adjourned. —(Taiwo Owatemi.)
Adjourned till this day at Two o’clock.
Finance Bill (Fourth sitting)
The Committee consisted of the following Members:
Chairs: David Mundell, † Valerie Vaz
† Ballinger, Alex (Halesowen) (Lab)
Blake, Rachel (Cities of London and Westminster) (Lab/Co-op)
† Caliskan, Nesil (Barking) (Lab)
† Cross, Harriet (Gordon and Buchan) (Con)
† Davies, Gareth (Grantham and Bourne) (Con)
† Kohler, Mr Paul (Wimbledon) (LD)
† MacDonald, Mr Angus (Inverness, Skye and West Ross-shire) (LD)
† Murray, James (Exchequer Secretary to the Treasury)
† Osborne, Tristan (Chatham and Aylesford) (Lab)
† Poynton, Gregor (Livingston) (Lab)
† Reynolds, Emma (Economic Secretary to the Treasury)
† Ryan, Oliver (Burnley) (Lab/Co-op)
† Stephenson, Blake (Mid Bedfordshire) (Con)
† Strathern, Alistair (Hitchin) (Lab)
† Wakeford, Christian (Bury South) (Lab)
† Wild, James (North West Norfolk) (Con)
† Yang, Yuan (Earley and Woodley) (Lab)
Lynn Gardner, Kevin Maddison, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Afternoon)
[Valerie Vaz in the Chair]
Finance Bill
(Except clauses 7 to 12, schedules 1 and 2, clauses 15 to 18, schedule 3, clauses 47 to 53 and any new clauses or new schedules relating to the subject matter of those clauses and schedules.)
Clause 73 ordered to stand part of the Bill.
Clause 74
Rates of climate change levy
Question proposed, That the clause stand part of the Bill.
It is a great pleasure to serve under your chairmanship, Ms Vaz. The clause makes changes to the main rates of the climate change levy, or CCL, with effect from 1 April 2026. The Government are increasing the main rates of CCL on gas, electricity and solid fuels by the retail prices index to maintain the incentive for businesses and the public sector to be more energy efficient.
Since 2001, the CCL has encouraged businesses and the public sector to be energy efficient by adding a tax on the non-domestic supply of energy. The Government have announced a national mission to make Britain a clean energy superpower and accelerate our journey to net zero, and improvements in energy and resource efficiency will play a significant role in reducing industrial emissions in the 2020s. Delivering on this mission will help to make the UK energy independent, protect billpayers, create good jobs and tackle the climate crisis.
The previous Government followed a trajectory of rebalancing the gas and electricity rates over a five-year period to reflect that electricity emissions are progressively lowering due to the increasing contribution of renewable and lower-emission energy in electricity generation. The CCL rates for electricity and gas equalised in April 2024, and at the autumn statement 2023, under the last Government, rates were frozen for the year 2025-26.
Now that the rebalancing has been achieved, uprating the main rates on gas, electricity and solid fuels from April 2026 will continue to provide an incentive for energy efficiency. At autumn Budget 2024, this Government also announced that the main rate of CCL on liquefied petroleum gas will continue to be frozen. This is to ensure better consistency between LPG and other portable fuels—for example kerosene, which is zero rated under fuel duty—for commercial premises not connected to the gas grid.
The changes made by the clause will increase CCL rates on gas, electricity and solid fuels by RPI with effect from April next year. Non-domestic energy supply users will see an increase on their CCL bill of around 0.025p per kWh of gas or electricity supplied. The rate on solid fuels will increase by 0.2p per kg. However, participants of the climate change agreement scheme are eligible to pay reduced CCL rates in return for meeting negotiated energy-efficiency and carbon targets. The CCA scheme enables energy-intensive industries to receive discounts of up to 92% on their CCL bill. The new six-year scheme, announced on 16 October, will provide an estimated £1.9 billion of relief to 2,600 businesses in 53 industrial sectors over its lifetime. Overall, we expect a reduction in greenhouse gas emissions as a result of the clause compared with freezing the rates.
In conclusion, the changes made by the clause will help to incentivise businesses to improve their energy efficiency, thereby progressing the Government’s climate objectives, which are vital for the UK’s long-term economic prosperity and energy security. I commend the clause to the Committee.
As the Minister said, the clause amends the main rates of the climate change levy from April 2026, in line with RPI, for electricity, gas and other taxable commodities, while continuing to freeze the rate for LPG. We will not oppose the measures in the clause.
I was pleased to see the Government confirm their plans to extend the climate change agreement scheme at the Budget. The scheme allows energy-intensive industries to claim a discount on the climate change levy, subject to taking steps towards increasing their energy efficiency and reducing emissions. At autumn statement 2023, we announced a new six-year CAA scheme, and I am genuinely pleased that the Government have chosen to reaffirm our announcement and take that forward, following consultation.
However, as the Minister may expect, I want to raise an issue with her. It has been raised at oral questions, so will not be a surprise to her. There have been several reports in recent weeks about the UK chemicals industry that are directly relevant to climate change and the CCA scheme, as the Minister will know better than me. Sir Jim Ratcliffe has warned that the UK chemicals industry is at risk of “extinction”. His firm, INEOS, closed its synthetic ethanol plant at Grangemouth this month, which will result in the loss of many jobs. That was the last remaining synthetic ethanol plant in the country. Given the ongoing concerns, I would be grateful if the Minister could provide an update on what consideration has been given to the UK chemicals industry in calibrating these policies.
As the Minister knows, the UK chemicals industry is the third-largest manufacturing sector in this country. It contributes £30 billion to our economy and directly employs 138,000 people across the country in 4,100 businesses. I presume that the Chancellor has met representatives of the sector, but I would like to hear the Minister confirm that, given how topical this issue is, how concerned the industry is and how widely reported the issues have been.
As always, I speak on behalf of the highland industries. In rural areas, only electricity and kerosene are available; mains gas is not. Electricity users pay four times more for their energy than mains gas users, so a hotel on the island of Skye may pay £80,000, whereas one in a city may pay £20,000. That causes enormous issues for people in the windiest, coldest, darkest part of Great Britain. The reason for the big disparity is that the tariffs and taxes are largely on electricity, rather than gas, and of course electricity is largely renewable. In my constituency, people can see wind farms out of their window, yet we still pay four times more for our energy than people in cities. Will the Minister elaborate on what could be done to make us more competitive?
I welcome the Opposition’s support for the clause. For quite some time there has been cross-party support for the CCA scheme. I welcome what the shadow Minister said about the Opposition’s support for the extension of that scheme for energy-intensive industries.
The shadow Minister asked me about the UK chemicals industry. As he said, it is a very valuable sector of our economy. It is obviously included in the climate change agreement scheme, which exists to ensure that businesses for which energy makes up a larger proportion of their operating costs, and that are at higher risk of carbon leakage, are supported to make changes to their processes to reduce their energy intensity. The example he provided is concerning, but we have introduced measures to help such industries to cope with the fact that they are energy intensive. I hope that answers his question. I do not know whether the Chancellor has met representatives of the sector, but I am happy to write to him on that.
The hon. Member for Inverness, Skye and West Ross-shire spoke about the cost of energy for people in his constituency. As I said, the rates on kerosene are frozen, which is why we are not uprating the rates on LPG. That will go someway towards helping those in rural areas. I declare an interest: I am not on the gas either, so we also rely on this form of energy.
LPG is not the issue; electricity, along with kerosene, is largely the issue. Very few people use LPG to heat their properties or businesses. It is electricity where the taxes are. I would be delighted to share information; I am doing a big thing about it shortly, so I have done a lot of research.
Obviously kerosene is zero rated, but the effect of the clause is to increase the main rates of CCL on gas, electricity and solid fuels by RPI. That is in line with what we announced at the Budget, and takes forward those measures, so hopefully it will come as no surprise to hon. Members.
Question put, That the clause stand part of the Bill.
Clause 74 ordered to stand part of the Bill.
Clause 75
Rates of landfill tax
Question proposed, That the clause stand part of the Bill.
The clause increases the lower and standard rates of landfill tax from 1 April this year. The rates will increase in line with RPI, adjusted to account for the high inflation in the period 2022 to 2024, and were first announced in the spring Budget 2024.
Landfill tax is charged on material disposed of at a landfill site or unauthorised waste site in England and Northern Ireland. The objective of landfill tax is to divert waste away from landfill and support investment in more circular waste management options, such as recycling, composting and recovery. Since 2000, landfill tax has contributed to a 90% decrease in local authority waste to landfill in England. Increasing the lower and standard rates of landfill tax by RPI in recent years has helped to maintain a strong price incentive to divert waste away from landfill.
The changes made by clause 70 would increase the lower rate of landfill tax from £3.30 a tonne to £4.05 a tonne from April 1 this year. They would also increase the standard rate of landfill tax from £103.70 a tonne to £126.15 from April 1. Landfill tax rates are rounded to the nearest 5p. The clause increases the rates of landfill tax in line with RPI adjusted for recent high inflation from April 1 2025, to maintain a strong price incentive to divert waste away from landfill.
Clause 75 amends the landfill tax rates to increase them in line with RPI, adjusted to account for high inflation between 2022 and 2024. As the Minister knows, when in government, we uprated landfill tax in line with RPI in the 2023 and 2024 Finance Acts. We also reduced the landfill tax gap from £275 million in 2017-18 to £100 million in 2022-23. How will the Government continue those strong efforts to further reduce the gap? I know it particularly exercised the Minister when he was in opposition—he certainly asked me a lot of questions on it. We will not oppose the clause, and I cannot wait to find out the Lib Dem position on it.
I thank the hon. Gentleman for supporting the clause. I fondly remember the questions I asked him about landfill tax when I was on the other side of this Committee Room, or a similar one on this corridor. I can reassure him that the current Government are considering the options for landfill tax reform, following the call for evidence that was undertaken in 2021. We will announce further steps in due course. The Government are considering options for landfill tax reform including opportunities to design out opportunities to commit waste crime, including landfill tax fraud. We will announce next steps in due course.
Question put and agreed to.
Clause 75 accordingly ordered to stand part of the Bill.
Clause 76
Rate of aggregates levy
Question proposed, That the clause stand part of the Bill.
The clause increases the rate of aggregates levy from April 1 in line with the RPI as forecast by the Office for Budget Responsibility when the rate was announced at autumn statement 2023. Aggregates levy is charged on the commercial exploitation of virgin aggregate, which includes rock, sand and gravel. The object of aggregates levy is to encourage the use of recycled rather than virgin aggregate in construction. The changes made by clause 76 will increase the aggregates levy from £2.03 per tonne to £2.08 per tonne. The clause increases the rate of aggregates levy in line with RPI from April 1 to ensure that the real-terms value of the price incentive to manage aggregate more sustainably does not fall in future.
As the Minister said, the clause uprates the aggregates levy in line with inflation. These provisions in this Finance Bill are pretty much identical to those that we put forward in the Finance Act 2024. It is therefore right that we do not oppose them.
Question put and agreed to.
Clause 76 accordingly ordered to stand part of the Bill.
Clause 77
Rate of plastic packaging tax
Question proposed, That the clause stand part of the Bill.
The clause makes changes to increase the rate of the plastic packaging tax from April 1 in line with the consumer price index. The plastic packaging tax was introduced on 1 April 2022 as part of the previous Government’s resources and waste strategy. The tax provides a clear economic incentive for businesses to use recycled plastic in the manufacture of plastic packaging, thereby stimulating the collection and recycling of plastic waste and diverting it away from landfill or incineration. Increasing the rate of the tax in line with CPI maintains the real-terms value of the price incentive to use recycled plastic.
The changes made by clause 77 will increase the rate of plastic packaging tax, as set out in section 45 of the Finance Act 2021, from £217.85 to £223.69 per tonne, with effect from 1 April 2025. The new rate will affect UK manufacturers and importers of plastic packaging containing less than 30% recycled plastic.
In conclusion, this clause increases the rate of plastic packaging tax in line with CPI from 1 April to maintain the real-terms price incentive to include recycled plastic in plastic packaging. I commend the clause to the Committee.
As the Minister said, clause 77 uprates the plastic packaging tax in line with inflation. The provisions in this Finance Bill are pretty much identical to those that we put forward in the Finance Act 2024, and we will not be opposing them; but on this particular tax measure, I seem to remember the now Exchequer Secretary to the Treasury questioning me about the possibility of an impact report or assessment, and I just wonder how much progress he is making with that.
I reassure the hon. Gentleman that the Government are making progress across a whole range of issues every day, and we will update the appropriate authorities in the appropriate way at the relevant time.
Question put and agreed to.
Clause 77 accordingly ordered to stand part of the Bill.
Clause 78
Rates of soft drinks industry levy
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss new clause 9—Statements on soft drinks industry levy—
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, make a statement to Parliament about the increase to the soft drinks industry levy introduced in section 78 of this Act.
(2) The statement under subsection (1) must include details of the impact on—
(a) encouraging reformulation of packaged soft drinks, and
(b) the UK soft drinks industry.”
This new clause requires the Chancellor to make a statement about the impact of increasing the soft drinks industry levy.
Clause 78 legislates for the new rates of the soft drinks industry levy, to apply from 1 April 2025. The levy came into effect in April 2018—it was introduced by the previous Government, with cross-party support—and is considered a successful mechanism for changing behaviour and encouraging reformulation of packaged soft drinks, resulting in reduced sugar content. That is seen through the levy’s significant success in reducing the sugar content in UK soft drinks by 46%.
The levy applies to packaged soft drinks containing added sugar. It has a lower rate, which applies to drinks with a total sugar content of 5 grams to 7.9 grams per 100 ml, and a higher rate for drinks with 8 grams or more per 100 ml. Producers, manufacturers and importers of liable soft drinks must register, report, and pay the levy on the volume of liable soft drinks packaged in and imported into the UK.
The levy rates have not been increased since their introduction many years ago, in 2018, and so have gradually reduced in value against inflation. In 2018, SDIL made up approximately 11% of the price of a 330 ml can of full-sugar Coca-Cola; in January 2025, it makes up only 6%. Uprating the levy in line with inflation will ensure that it remains effective and continues to encourage reformulation, by protecting its value in real terms.
Clause 78 amends section 36(1) of the Finance Act 2017 to reflect the new rates of the levy to apply from 1 April 2025. Those are £1.94 and £2.59, per 10 litres of prepared drink, for the lower and higher bands respectively. The new rates reflect forecasted changes in the consumer prices index in the year to 1 April 2025, as well as an additional increment to help to catch up for previous inflation. The catch-up reflects the 27% CPI change between 2018 and 2024 and will be spread evenly over the five rate increases from 2025 to 2029. That is to support soft drink manufacturers to adjust to the higher rates. The rates have also been adjusted to apply per 10 litres rather than per litre, so that rate changes can be made in smaller increments to reflect changes in CPI inflation more precisely. To illustrate using the current lower rate, 18p per litre becomes £1.80 per 10 litres—I think people could have probably worked that one out.
We do not accept new clause 9, which would require the Chancellor to make an additional statement about the impacts of the measure. The Government do not consider that necessary, as a tax information and impact note detailing the anticipated effects of the measure was published at autumn Budget. I would also highlight that the Government are taking a gradual approach to restoring the original real-terms value of the soft drinks industry levy. From 1 April, the levy will still be worth significantly less, compared with general prices, than it was in 2018.
Clause 78 will protect the real-terms value of the levy and build on its significant success, by increasing both the lower and higher rates in line with inflation.
As we heard from the Minister, clause 78 amends the Finance Act 2017 to uprate the soft drinks industry levy, to reflect the change in the CPI from April 2018 to April 2024. The uprating represents an increase of 27%. We support the soft drinks industry levy, but we have strong concerns about the backdating of the tax rate.
As we all know, the consumption of too many high-sugar drinks can lead to weight gain and the risk of medical conditions. It also leads to tooth decay, which is a particular concern for younger people. As the Minister pointed out, this levy was introduced by a Conservative Government with cross-party support to tackle those issues, and it has been a successful, highly effective policy, delivering against the stated objective of encouraging reformulation. The British Soft Drinks Association has said that the levy
“has achieved its intended goal of promoting significant sugar reduction and 89% of soft drinks are now non-SDIL liable. Reformulation has clearly not lost pace with the volume of soft drinks with less than 5g sugar per 100ml increasing by 17.5%> between April 2023 and March 2024.”
Our main concern is about the unprecedented backdating of this tax increase. New clause 9 would require a review of its impact. The decision to backdate inflation over an extended period, creating a 27% retrospective increase, appears to have no parallel in recent tax policy. The backdating is a fundamental departure from the predictability that should be at the heart of tax policy.
Given that the levy has been so effective, why do the Government see a need for such a large increase? As the British Soft Drinks Association points out, it appears that their rationale is primarily focused on revenue raising, rather than public health outcomes. The introduction of such retrospective elements requires close examination of both precedent and consequences, as demonstrated by examples of duty freezes and restarts in recent years.
Comparative excise goods such as alcohol, fuel and tobacco are reviewed annually. Where rates have been frozen across several years, they have not subsequently been subject to those missing years’ inflation rates being applied in this way. Figures from the House of Commons Library calculate what impact a similar backdated increase would have on fuel duty. Following the approach used for the soft drinks levy, if inflation since 2011 was added to fuel duty, using the RPI measure, the duty on a litre of petrol or diesel would increase from 57.95p per litre to 95.18p per litre—a rise of 64%. I am not sure about the Minister’s constituents, but I am pretty sure that mine would be very alarmed at the potential for such a backdated increase to be applied.
Are the Government establishing such backdated increases as a new norm within their tax policies? Companies making long-term investment choices need certainty—the Exchequer Secretary has used that word many times in Committee—to be able to plan and invest in the country. Can the Minister give us an assurance that the Government will not pull off similar tax raids in other sectors, particularly with regard to fuel duty?
We have also heard concerns about the impact assessment, which had limited engagement. The measure is expected to generate £95 million in revenue by 2029-30, yet the assessment does not model how established price elasticity in soft drinks will affect those projections. The assessment acknowledges that both reformulation and reduction in demand will occur, but provides no quantification of the effects. I would be interested to hear the Minister’s comments on that point.
The assessment also does not examine how changes to tax policy without consultation could affect future investment decisions, nor does it explore the market distortions of applying different principles to soft drinks as opposed to other categories of drinks. Will the Minister confirm that these issues have been considered? If they have not, will they be?
We tabled new clause 9 because, given the unprecedented nature of the backdated increase and the lack of engagement, the Chancellor should make a statement to Parliament within six months of the Act being passed about the levy increase and its impact, including on reformulation and the sector as a whole. As I said, overall the increase is 27%. We have strong concerns about backdating as a policy and therefore we welcome the Chancellor commissioning a review.
This increase comes at a time when the hospitality and drink sector is facing particular financial pressures, including new packaging regulations, the deposit return scheme and the infamous jobs tax. Does the Minister really think that applying such a large retrospective increase is the right thing to do at this time?
I thank the shadow Minister for reiterating that there was indeed cross-party support in 2018 when the previous Government introduced the soft drinks industry levy. I say gently to him that if the previous Government had kept the levy in line with CPI, we would not be in this situation.
The shadow Minister asked what considerations have been made about the impact of the measure. As I said in my opening speech about the clause, the catch-up reflects the 27% CPI change between 2018 and 2024. Because we have considered the impact on soft drinks manufacturers, it will be spread evenly over the five rate increases from 2025 to 2029. The shadow Minister should consider the fact that we are gradually spreading the increase.
It is worth considering the views of those who have supported the Government’s change. For example, Barbara Crowther, the children’s food campaign manager at Sustain, has said:
“It’s absolutely right that after six years, the government should now increase the penalties for all the companies who have not done enough to reduce the sugar levels in drinks, and we urge them to ensure all money raised by the levy is reinvested in children’s health.”
The levy has been globally recognised as a transformative health tax intervention. Modelling studies have associated it with up to 5,000 fewer cases of obesity in girls aged 10 to 11 and a 28.6% reduction in hospital admissions for tooth extractions for children under the age of five. Our Government take children’s health very seriously, particularly given the worrying levels of obesity in our society and the issues with children’s dental health. That is why we are bringing forward the change.
Will the Minister address directly the point about backdating and say whether it represents a change in approach to taxation policy by this Government? They have introduced a 27% increase from the date when the levy was frozen. As I said, if that approach had applied to fuel duty, it would result in a 64% increase. People will be concerned; will the Minister give reassurance about the Government’s approach to taxation?
It is a bit of an exaggeration to read into this change, which we have introduced because the previous Government failed to keep the levy in line with inflation, and somehow infer from that—
What about fuel duty?
I am coming to that. It is an exaggeration to infer from that that it becomes a new norm. It does not. I am certainly not going to write next year’s Budget or the year after’s Budget—that would be way above my pay grade in any case—but we are introducing this clause precisely because the former Government failed to keep the levy in line with inflation.
Question put and agreed to.
Clause 78 accordingly ordered to stand part of the Bill.
Clause 79
Limited liability partnerships
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider clause 80 stand part.
Clause 79 closes a known route for tax avoidance by making changes to the taxation of chargeable gains when a limited liability partnership is in liquidation, and clause 80 closes a loophole through which some taxpayers have attempted to avoid the company tax charge known as section 455.
On clause 79, the Government have become aware of a scheme that is being exploited by tax-avoidance promoters involving the transfer of assets into an LLP that is then liquidated. At the time a member contributes an asset to the LLP, they are not charged tax on the gain accrued since the asset was acquired. This is because it is intended that they are taxed when the asset is disposed of, rather than the LLP itself. This is similar to the position for conventional hardships.
However, when an LLP is liquidated, it ceases to be tax transparent and becomes treated like a company, but the LLP is only charged tax on its gains since the contribution of the asset. As part of the liquidation, the liquidator could dispose of the LLP’s assets back to the contributing member or to a party connected to them, washing out the gains made prior to the asset being contributed to the LLP.
The changes made by clause 79 will create the new occasion when a deemed disposal arises for chargeable gains purposes, and will have effect where an LLP enters liquidation on or after 30 October 2024. This will ensure that, where a member contributes an asset to an LLP that subsequently enters liquidation, and the LLP disposes of the asset back to the member or to a person connected to them, they are taxed on the gains on the asset up to the time of its contribution to the LLP. The gain will be treated as accruing at the time that the LLP disposes of the asset.
On clause 80, a close company is a company owned and run by a small number of people. In a close company, there are fewer restrictions and less accountability around how the company and its owners interact. The tax charge known as section 455 is a charge on loans to shareholders left outstanding after the company’s year end. The charge is remitted if the loan is repaid. The Government are aware of the attempted use of co-ordinated or circular loan arrangements by shareholders in close companies to avoid the section 455 charge and thereby extract funds from their companies untaxed instead of receiving taxable earnings.
As a result of the changes made by clause 80, where shareholders use circular loan arrangements to extract value from their companies, a tax charge will be applied on the relevant amount withdrawn. This will ensure that such arrangements do not avoid a tax charge. The targeted anti-avoidance rule will also be updated to protect against future exploitation.
In summary, clause 79 makes changes to ensure that LLPs are not used to avoid tax chargeable gains. It forms part of a package of measures announced at the autumn Budget 2024 that are aimed at closing the tax gap, cracking down on avoidance and evasion and strengthening the powers of His Majesty’s Revenue and Customs to tackle promoters of avoidance schemes. The changes made by clause 80 will close a loophole that is exploited by a minority and ensure that anti-avoidance rules are more robust.
I should be clear the vast majority of close companies and their participators are compliant and pay any tax due. Clause 80 makes a sensible change that is proportionate, ensures fairness and will affect only those few who seek to avoid tax. Our commitment is to ensure a fair and just tax system, and this measure is a step towards upholding that promise.
The clauses tackle tax avoidance in limited liability partnerships and their participants, as the Minister pointed out. Tax avoidance is something that we took very seriously when in government, and made some great progress on, so we will not oppose this latest measure.
I thank the Opposition for their support.
Question put and agreed to.
Clause 79 accordingly ordered to stand part of the Bill.
Clause 80 ordered to stand part of the Bill.
Clause 81
OECD crypto-asset reporting framework
Question proposed, That the clause stand part of the Bill.
The clause makes changes to ensure that the Treasury has the power to make regulations to implement the cryptoasset reporting framework, which is also known as the CARF. The CARF was developed at the OECD, and the previous Government supported its development and committed to the UK’s implementing it, so I hope the Conservatives will support the clause.
The CARF will require cryptoasset service providers to collect, check and report information that identifies their non-UK-resident customers and their non-UK-resident customers’ cryptoasset transactions undertaken from 2026. HMRC will then receive and share relevant data with participating jurisdictions for tax purposes from 2027. Other participating jurisdictions will share their data with HMRC where it relates to UK resident customers of non-UK cryptoasset service providers. The increased tax information that the CARF will bring to HMRC is expected to generate additional revenue of £315 million across 2026-2029. The Government intend to make the regulations in 2025 so that the CARF applies to UK crypto businesses in the UK from 1 January 2026.
The changes made by the clause will amend existing legislation so that the CARF is added to the list of international arrangements for exchanging information. This will give the Treasury the power to make the CARF regulations to implement the CARF regime so that it applies to UK cryptoasset service providers from 1 January 2026. The clause is essential so that the Government can implement the CARF.
The clause provides the Treasury with the powers to make regulations for the OECD cryptoasset reporting framework which, as the Minister pointed out, we signed up for when in government.
I have one question, which has come up quite a lot in the industry and perhaps even in the Minister’s previous role outside politics, and it relates to the name. It is called the cryptoasset reporting framework, but many in the outside world refer to cryptocurrency. What is the Government’s position on what a crypto is? Is it a cryptoasset or is it a cryptocurrency? What is the difference? A lot of people would appreciate that clarification on this complex subject. As I said, we do not oppose the clause; we signed up to the framework when in government.
In my view, a cryptocurrency is a type of cryptoasset, but I will check that.
Question put and agreed to.
Clause 81 accordingly ordered to stand part of the Bill.
Clause 82
Duty on vaping products
I beg to move amendment 67, in clause 82, page 95, line 14, at end insert—
“(2) In doing so His Majesty’s Revenue and Customs must have regard to the desirability of requiring a digital tax stamp to be applied to e-cigarette liquids.”
This amendment requires HMRC to have regard for requiring a digital tax stamp to be applied to e-cigarette liquids.
With this it will be convenient to discuss clause stand part.
The clause is about enabling HMRC to prepare for the introduction of a new excise duty on vaping products before it is formally provided for in law. Amendment 67 would require that, in doing so, HMRC must have regard to the desirability of requiring a digital tax stamp to be applied to e-cigarette liquids.
A million people in England now vape despite never having been regular smokers—a sevenfold increase in just three years—and vaping rates are highest among 16 to 24-year-olds, hence the measures that are going through in the Tobacco and Vapes Bill. Like many of the measures we have discussed in Committee, this new duty was first announced by the previous Conservative Government, and my right hon. Friend the Member for Godalming and Ash (Jeremy Hunt) announced the introduction of an excise duty on vaping products from October 2026.
There is a strong case to take action on the affordability of vapes, while ensuring that there is a significant differential between the duty on vapes and the duty on other tobacco products. After the consultation that the previous Government launched, this Government have announced that they will apply a flat-rate duty on all vaping liquid from October 2026, set at £2.20 per 10 ml of vaping liquid.
Clause 82 simply provides for HMRC to
“prepare for the introduction of a new duty”;
the main provisions will come in future legislation. When new taxes and levies are introduced, it is important to get the implementation right. After consultation, a single flat-rate duty will apply, which should reduce non-compliance and tax avoidance opportunities and be more proportionate both for industry and for HMRC to administer.
Is the hon. Gentleman aware that the Treasury is already consulting on digital access for vaping products as part of the vaping products duty? It is already going through the process, but we are subject to the progress of that duty in the Tobacco and Vapes Bill Committee just down the corridor.
After that intervention, I hope the hon. Member will support my amendment when I press it to a vote. The Government are moving in this direction, so let us get this in the legislation and get HMRC working at full throttle to make sure that it happens. I hope that he will feel able to support that.
As with any new tax, there are risks associated with the duty. The illicit market could be boosted, increasing the enforcement burden on HMRC and other Departments. Juul, one of the largest operators, believes that the Government should give HMRC sufficient enforcement powers. At the very least, they should mirror those in relation to tobacco duty. What steps are the Government taking to boost compliance powers and protect against illicit activity in this market?
Amendment 67 would require HMRC to have regard to the desirability of introducing a digital tax stamp. I am pleased that the Government intend to implement a vaping duty stamp scheme to help enforcement bodies and the industry to identify products that are non-duty paid. I note that in the Government’s further consultation on compliance measures to complement HMRC’s traditional compliance activity, the Government stated their intention, to which the hon. Member for Chatham and Aylesford referred, to incorporate a degree of digital tracing and authentication into the final stamp design.
Digital stamps are harder to counterfeit. They are less prone to damage and less likely to fall off products, and they allow for more information to be held and tracked by both the industry and HMRC. Juul points out that its experience in Canada, where it is required to apply physical duty stamps, has led it to believe that digital versions are far better for business and tax authorities alike.
Industry needs certainty. Given the Government’s digital by default approach to taxation, I hope that the Minister will be able to give a commitment today that the Government intend to require a fully digital tax stamp. Under an earlier clause, we spoke about removing a physical stamp from alcohol and spirits, for example, so I do not see why the Government would not be able to support my amendment 67.
We will not oppose clause 82, but I look forward to the Minister’s response to my specific points, and I intend to press my amendment to a vote.
I thank the shadow Minister for his comments. If he will bear with me, I will speak generally about clause 82 before I address his amendment.
Clause 82 will make changes to ensure that HMRC can secure the resource it needs to implement the vaping products duty. The duty will be legislated for in this Bill and will come into force on 1 October 2026. It will be accompanied by a one-off increase in all tobacco duties to maintain the financial incentive to give up tobacco.
The chief medical officer is clear that those who do not smoke should not vape. Introducing a vaping products duty is part of the wider Government strategy to tackle vaping among young people—as the shadow Minister stated, there are worrying developments in the number of young people taking up vaping—and indeed among those who do not smoke, including via the Tobacco and Vapes Bill and the ban on disposable vapes. The vaping products duty is forecast to raise £525 million in revenue a year by the end of the scorecard, to fund vital public services such as the NHS, defence, education and stop smoking initiatives supporting a smoke-free UK.
In 2023, 12% of the UK’s adult population used e-cigarettes, the highest rate ever recorded. One million people in England now vape despite never having been regular smokers: a sevenfold increase in just three years, which is pretty shocking. As the shadow Minister said, vaping rates are highest among 16 to 24-year-olds, with 15.8% vaping daily or occasionally. Reducing affordability is part of the Government’s wider strategy to influence behaviour, especially given the addictive nature of these products.
Several countries have already introduced a tax on vaping. Approximately 50 countries have a national tax on vaping products, with most targeting liquid as the tax base. The majority target both nicotine-free liquids and liquids containing nicotine. The changes made by clause 82 will enable HMRC to prepare for the introduction of the new excise duty before it is formally provided for in primary legislation next year. It will allow for spending on IT systems and staff recruitment.
On the shadow Minister’s amendment 67, I thank him for his speech, and I agree that it is crucial to get the implementation of the Bill right. His amendment would require HMRC to
“have regard to the desirability of requiring a digital tax stamp to be applied to e-cigarette liquids.”
The Government deem the amendment unnecessary at this time, as HMRC is already giving due consideration to vaping duty stamps. The decision to introduce vaping duty stamps was supported by respondents to the vaping products duty consultation, who pointed to their use on vaping products in other jurisdictions.
The shadow Minister asked about the illicit vaping market. HMRC intends to exploit modern technology and digitalisation to ensure that the vaping duty stamps scheme targets the specific risks of the illicit vaping market. A technical public consultation on the design of the scheme ran from 30 October 2024 to 11 December 2024, and respondents submitted their views on digital duty stamps, physical duty stamps or a combined approach. We are currently analysing the responses to that consultation; no policy decision has yet been made. We will communicate in due course a policy decision to balance enforcement decisions and business operations. We will take on board the views of the shadow Minister; I thank him again for his amendment. The Government remain committed to working with industry to ensure that the scheme only creates burdens that are essential to tackle non-compliance, avoidance and evasion.
Let me try to answer the shadow Minister’s questions. He asked whether there is a risk that increasing tobacco duty and introducing a vaping duty will drive up illicit trade. The threat from illicit tobacco needs to be addressed by reducing its availability, rather than allowing it to dictate our public health and tax policies. We are consulting on additional robust compliance tools for tackling the illicit trade in vapes and will collaborate with Border Force to target the illicit trade when the duty goes live. HMRC and Border Force already have a strategy in place to tackle illicit tobacco. I hope that that reassures the shadow Minister.
The shadow Minister also asked about digital versus physical vaping duty stamps. Vaping duty stamps will support both enforcement and industry by identifying products that are non-duty paid and therefore illicit. They will also help HMRC to manage the revenue risk from the initial sell-through period and to limit the duty avoidance practice known as forestalling, which is clearing large quantities of excise goods from duty suspense immediately prior to a rate increase to avoid paying the new tax.
In regard to the shadow Minister’s amendment, the Government will not commit to fully digital stamps, as we are analysing consultation responses. A policy decision will be taken in due course, but I reassure him that we will take his views on board.
I am grateful for the Minister’s response. However, the amendment would help set a clear direction. It is in line with the Government’s digital by default approach to taxation and reflects what was in the consultation document and what industry is calling for. It does not say that HMRC must introduce such a system; it simply says that HMRC
“must have regard to the desirability of requiring a digital tax stamp”.
I specifically worded the amendment to allow for precisely the point that the Minister has outlined. HMRC may decide that, contrary to the Government’s digital by default tax approach, a digital tax stamp is not necessary. In that case, all that has been required is for HMRC to have a proper look at introducing it. I will press amendment 67 to a vote.
Question put, That the amendment be made.
Clause 82 ordered to stand part of the Bill.
Clause 83
Carbon border adjustment mechanism
Question proposed, That the clause stand part of the Bill.
The clause will enable the commissioners for HMRC to prepare for the introduction of the UK carbon border adjustment mechanism and allow information to be disclosed for the purposes of developing the CBAM.
The Government are committed to reaching net zero by 2050. As we make progress to decarbonise, we must ensure that the effect of our efforts is not undermined by carbon leakage. I am sure that hon. Members know this, but for the benefit of the Committee, let me define carbon leakage: it is the movement of production and its associated emissions from one country to another to avoid higher decarbonisation efforts and costs. The best solution to carbon leakage risk would be international co-ordination on decarbonisation and carbon pricing. However, many countries do not yet have domestic carbon pricing mechanisms. Consequently, introducing the UK CBAM will reduce the risk of carbon leakage by placing a carbon price on carbon-intensive goods imported into the UK from 2027.
The new tax will enable a charge to be placed on the carbon emissions found in highly traded carbon-intensive goods imported into the UK from the aluminium, cement, fertiliser, hydrogen, iron and steel sectors. A comparable carbon price will be placed on those goods, based on what they would have incurred if they had been produced in the UK under our domestic emissions trading scheme.
I understand the principle of CBAM. However, in practice, if we import fertiliser to increase our food production here, for example, we will reduce our imports of food from elsewhere. It might not balance out exactly, but we would not be changing how much carbon we sent abroad, because we would just be taking it from another mechanism that is not included in the CBAM.
I thank the hon. Lady for her intervention, but I am not entirely sure that I follow the logic. The purpose of CBAM, as I have said, is to ensure that if a product is produced using carbon in another country, we do not have leakage across the border. The overall impact will vary depending on the sector’s exposure to CBAM imports relative to the overall input costs and the extent to which it can substitute them. CBAM imports make up only a small proportion—about 1%—of average UK industry input costs. CBAM liabilities are expected to be small initially, and reliance on inputs of goods within scope across the economy is limited overall. I am not sure that I follow the logic that imposing CBAM on imported fertilisers will somehow have the effect that the hon. Lady suggests.
The UK emissions trading scheme is the UK’s primary carbon pricing mechanism. The scheme was established to increase the climate ambition of the UK’s carbon pricing policy while protecting the competitiveness of UK businesses. The UK CBAM will be implemented only in sectors where it will effectively mitigate carbon leakage risk and where delivery is deemed feasible. Other sectors that give rise to carbon leakage will be considered for future inclusion.
The Government announced in the Budget that legislation would be introduced in the Finance Bill—this Bill—to enable HMRC and HM Treasury to prepare for a new tax. Clause 83 will specifically enable the commissioners for HMRC to prepare for the introduction of the UK CBAM. The clause will also allow a national authority or the UK Emissions Trading Scheme Authority to disclose information requested by HM Treasury or HMRC for purposes connected with the tax, in particular preparing for it, developing it, implementing it and putting it into operation.
The clause forms the first part of the legislation needed to introduce the UK CBAM in January 2027. I commend it to the Committee.
As we heard from the Minister, the clause will enable commissioners for HMRC to prepare for the introduction of the CBAM, which will be charged on specific emissions-intensive imports into the UK from 1 January 2027. We will not oppose the measure, but I do want to raise a couple of points.
As the Minister said, the CBAM is a tax on emissions embodied in certain goods imported into the UK for which a carbon price has not been incurred overseas at a rate at least equivalent to the UK. While I appreciate that this is an enabling power, the Chartered Institute of Taxation, which I do not think has yet had a mention today, as opposed to Tuesday—I will get that on the record—has expressed some surprise at how basic the detail of the clause is, as it simply grants authority to introduce a CBAM and to request information from the UK Emissions Trading Scheme Authority or other national authorities. Will she give us a bit more of a flavour of when more detail about the CBAM’s operation will be forthcoming?
As well as queries about the CBAM’s implementation, I have heard concerns about the impact that it may have on businesses and consumers. The National Farmers Union has raised concerns about the impact that it may have on vital sectors. In particular, it may push up the cost of fertilisers, as my hon. Friend the Member for Gordon and Buchan said. That is a particular concern for the arable sector, where fertiliser makes up 12% of total farm costs. Higher costs could not come at a worse time when they also face the impact of the family farm tax.
The NFU has also raised concerns that such a tax could create an unlevel playing field for British farmers and growers. Consequently, a bit like for the changes to inheritance tax, the NFU will be developing its own impact assessment to fully understand the impact of this tax policy on the industry. I hope that the Minister will keep this measure under close scrutiny in the coming months. We will not oppose the clause, but I look forward to her response.
I thank the shadow Minister for his questions. I think from his comments that he knows this, but the clause is a paving measure for legislation that will be introduced. There will be further detail in draft legislation that will come in a future Finance Bill, so I cannot give him that detail today, but I take into account what he said. Draft legislation will be published so that affected industries can comment on it. I therefore reassure him that some of the issues he raised will be taken into account.
Question put and agreed to.
Clause 83 ordered to stand part of the Bill.
Clause 84
Correction of wrong cross-reference etc
Question proposed, That the clause stand part of the Bill.
I hope the clause will not be controversial, although we are always surprised by Opposition Members. The clause will make changes to ensure that various errors and omissions in three pieces of legislation are corrected. I will go through them in turn.
First, subsection (1) will amend paragraph (d) of section 151I(1)—that is a confusing number—of the Taxation of Chargeable Gains Act 1992, which defines “financial inclusion” for the purposes of legislation on the provision of alternative finance in chapter 4. That definition includes persons who are authorised to provide credit. Authorisation of such persons was previously the responsibility of the Office of Fair Trading, but moved to the Financial Conduct Authority.
To reflect that change in responsibility, the definition of financial institution was amended in both the Income Tax Act 2007 and the Corporation Tax Act 2009. However, the mirror legislation found in the Taxation of Chargeable Gains Act 1992 was overlooked, and subsection (1) will make similar changes to the Act to ensure that the definition of financial institution is consistent across the relevant capital gains tax, income tax and corporation tax legislation.
Secondly, subsection (2) corrects the procedure for making regulations under part 14A of the Corporation Tax Act 2009. The current wording requires regulations to be made by statutory instrument, subject to annulment by either House of Parliament. That is incorrect, as financial regulations are a reserved matter for the House of Commons only. The clause corrects the error by requiring regulations to be laid before the Commons only—take back control.
Lastly, subsection (3) corrects a typographical error in section 4 of the Taxation (Post-transition Period) Act 2020, concerning excise duty on the removal of goods to Northern Ireland. The correction removes a reference to section 42 of the Finance (No. 2) Act 2023, and inserts the correct reference to section 47 of that Act.
In summary, the changes made by clause 84 will ensure that legislation accurately reflects the policy intent, and remove possible confusion for readers.
Let me just gather my speech. [Laughter.] Clause 84 makes some of the more technical and minor amendments to various pieces of legislation, so in the interests of good housekeeping if nothing else, His Majesty’s Official Opposition has no point to raise on the matter.
Question put and agreed to.
Clause 84 accordingly ordered to stand part of the Bill.
Clause 85
Interpretation
Question proposed, That the clause stand part of the Bill.
This highly controversial clause sets out the legal interpretation, in the usual manner, of abbreviations in the legislation.
Thanks to clause 85, I do not think anything remains to be interpreted, so I will sit down.
Question put and agreed to.
Clause 85 accordingly ordered to stand part of the Bill.
Clause 86
Short title
Question proposed, That the clause stand part of the Bill.
Clause 86—[Hon. Members: “Hear, hear!”] I thank hon. Members for their wholehearted support for this important clause, which, in the usual manner, sets out the short title of the legislation.
It will be no surprise that we have nothing to add, but as this is the last time I will speak, let me take this opportunity, before you get too emotional, Ms Vaz, to thank you and Mr Mundell, the Clerks, all the officials who have supported the Ministers and, in particular, on my behalf and that of my office, the Chartered Institute of Taxation and the Association of Taxation Technicians. I put on the record my thanks to Luke Pike in my office, who provided great support throughout the preparation stage, and to all Committee members—including the Lib and the Dem over there and my frenemies across the way.
In particular, I thank the hon. Member for Halesowen, who grabbed me on the way out of the first sitting and told me that this is the best Bill Committee he has ever served on. It is completely irrelevant that this is the first one he has ever served on—tell him it is all downhill from here. I will let my hon. Friend the Member for North West Norfolk take it from here.
Question put and agreed to.
Clause 86 accordingly ordered to stand part of the Bill.
New Clause 1
Rate of vehicle excise duty for haulage vehicles other than showman’s vehicles
“(1) In paragraph 7(3A) of Schedule 1 to VERA 1994 (which specifies the rate of vehicle excise duty applicable to haulage vehicles other than showman’s vehicles), for £350’ substitute ‘£365’.
(2) The amendment made by this section has effect in relation to licences taken out on or after 1 April 2025.”—(James Murray.)
This new clause provides for an increase in the rate of vehicle excise duty applicable to haulage vehicles other than showman’s vehicles.
Brought up, read the First and Second time, and added to the Bill.
New Clause 2
Review of sections 63 and 64
“(1) The Chancellor of the Exchequer must, within six months of the passing of this Act and every six months thereafter, review the impact of the measures contained in sections 63 and 64 of this Act.
(2) Each review must consider the impact of the measures on—
(a) Scotch whisky distilleries,
(b) small spirit distilleries,
(c) wine producers and wholesalers,
(d) the hospitality industry, and
(e) those operating in the night-time economy.
(3) Each review must also examine the expected effect of the measures on exports and the domestic wine trade.
(4) A report setting out the findings of each review must be published and laid before both Houses of Parliament.”—(Mr MacDonald.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 5
Review of effects of section 65 on illicit tobacco market
“The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the changes introduced by section 65 of this Act, on the illicit tobacco market.”—(James Wild.)
This new clause requires the Chancellor to review the impact increased rates of tobacco duty on the illicit tobacco market.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 6
Review of effects of £40,000 expensive car supplement threshold
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the £40,000 expensive car supplement threshold included in section 66.
(2) The assessment in subsection (1) must consider the effects of the threshold on the proportion of new cars sold which are Electric Vehicles.”—(James Wild.)
This new clause requires the Chancellor to review the impact of the £40,000 expensive car supplement threshold.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
New Clause 10
Review of business taxes
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed—
(a) conduct a review of business taxes, and
(b) lay before the House of Commons a report setting out recommendations arising from the review.
(2) The review must make recommendations on how to—
(a) use business taxes to encourage and increase the investment of profits and revenue; and
(b) ensure businesses have more certainty about the taxes to which they are subject.
(3) In this section, ‘business taxes’ includes any tax in respect of which this Act makes provision that is paid by a business.”—(James Wild.)
This new clause would require the Chancellor to conduct a review of business taxes, and to make recommendations on how to increase certainty and investment, before the next Finance Bill is published.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
To support growth, innovation and investment, we require a competitive tax environment for business. New clause 10 would require the Chancellor, within six months of the Bill being passed, to conduct a review of business and lay before the House a report setting out recommendations arising from the review, including recommendations on how to use business tax to encourage and increase the investment of profits and revenue, and on how to ensure that businesses have certainty about the taxes to which they are subject.
A common theme throughout the Committee has been the impact of the measures in the first Labour Budget for 14 years. Sadly, we know that that Budget and this Finance Bill introduce tax increases of around £40 billion a year—it is the biggest tax-raising Budget in modern history. It is businesses that are bearing the brunt, including the £25 billion a year through the jobs tax that the Government repeatedly promised during the election not to introduce.
The Government said that their priority is growth. We heard more about their plans yesterday, but we did not hear much about how their plans would deliver more growth in this Parliament, rather than in the long term. While that is welcome, I think people are also interested in the here and now. Having inherited the fastest-growing economy in the G7, the OBR then downgraded the growth rate by 0.7% in its forecast, as a result of the measures in the Budget. We have seen borrowing costs rise to the highest level for 27 years, inflation is above target and business confidence is plummeting. That latter point is what lies behind the new clause.
Although I am very much in support of reviews, and the OBR is the right body to conduct ongoing reviews of the impact of taxation on growth, does the hon. Gentleman want to set out any direction in which the Opposition might want to take business taxes? If there is a certain direction, where will the costs and savings come from?
Would that we had the happy chance to be sitting in the Treasury making the policy decisions. It is the Chancellor who will bring forward another fiscal event, and who may have to take some action to deal with the impact of her Budget. This is about what the Government will do and the review that they conduct and bring forward.
Business confidence is essential for investment, but it has been damaged by this Government, when they first came in, talking down the economy. We now hear a much more positive tone talking about our strengths, and the strong fundamentals of our economy, which were all points that the Opposition made throughout our period in office. We encouraged the Government to do the same when they came in, but they wanted to talk about a fantasy black hole and the worst economic inheritance, which has done a lot of damage to our economy.
The latest Confederation of British Industry growth indicator shows that private sector firms expect a significant fall in activity over the next three months. The latest purchasing managers’ index flash shows that one in four businesses have cut jobs due to employment costs. The Office for National Statistics showed that retail sales in December fell by 43%. This is a worrying state of affairs and any Members who speak to businesses will have heard the deep concerns over the hiking costs of employing people, the cut in business rate support for retail, leisure and hospitality businesses, and other measures.
The Budget put up taxes on entrepreneurs and wealth creators, and it is driving people who create wealth away from our country. The energy profits levy puts at risk 35,000 jobs in Scotland and the North sea. The family business tax, which was launched without any warning, has had a highly damaging impact on family farms and other family firms. That is why a review of business taxation is so necessary, with the objective of not only encouraging an increase in investment but providing certainty for firms. The Minister has spoken repeatedly about certainty, so I hope he will feel able to support the new clause.
I support what the shadow Minister said, almost word for word. My career has been in business, and in my two days sitting in the Committee, I have been appalled by what seems to be tax increase upon tax increase. Small and medium-sized businesses across the UK are on their knees and we have done a catastrophic job since the Budget in ruining things for businesses.
New clause 10 would make changes to require the Government to conduct a review of business taxes, and make recommendations on how to increase business certainty and investment, before the next Finance Bill is published.
The Government do not support the new clause. The Government keep all taxes, including taxes paid by businesses, under ongoing review. At the autumn Budget, the Government published their corporate tax road map to provide certainty to businesses about the areas of the business tax system they intend to keep stable, and the areas they intend to review over the course of this Parliament.
The Government have also committed to a review of the business rates system. At the autumn Budget, the Government published a discussion paper that set out the Government’s priority areas for reform of the business rates tax system. The Government have therefore already set out areas of the business rates system where they will provide stability. Given our existing processes and recent commitments, I ask the hon. Member to withdraw the new clause.
That was a disappointing response from the Minister, if not predictable.
Unpredictable, you mean.
Sorry—it has been a long afternoon.
We need to provide certainty, and the new clause was intended to be constructive. It would frame the next fiscal event so as to address all the issues that businesses have been talking to us about. There are issues with business confidence, and yesterday we saw more companies laying people off. This is a serious time, and we need the Government to listen to what is happening, so I intend to press the new clause to a Division.
Question put, That the clause be read a Second time.
New Clause 11
Review of impact of tax changes in this Act on households
“(1) The Chancellor of the Exchequer must, within six months of this Act being passed, publish an assessment of the impact of the changes in this Act on household finances.
(2) The assessment in subsection (1) must consider how households at a range of different income levels are affected by these changes.” —(James Wild.)
This new clause requires the Chancellor to publish an assessment of the changes in this Act on the finances of households at a range of different income levels.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
As we know, households currently face a number of challenges, and the measures in the Bill and the Budget will serve only to exacerbate them. At the time of the Budget, the OBR confirmed that real household disposal income will be
“1¼ per cent lower by the start of 2029. The bulk of this difference (around 85 per cent) is explained by policies announced in this Budget.”
It is because of the measures in the Bill and the Budget that growth is forecast to be lower over the forecast period than predicted in March last year. Higher borrowing means that interest rates are forecast to be higher for longer, which means that mortgage rates will be higher for longer. Borrowing costs have hit a 27-year high under this Chancellor—hardly the stability that is her watchword. The Government inherited inflation at target; since then inflation has increased, which means less money in people’s pockets. All those effects will be felt by the working families the Government said were their priority at the general election.
As we discussed in Committee of the whole House, the Bill’s education tax will hit people who have chosen to prioritise providing for their children’s education in the place that they consider best suits their child’s needs. The Conservatives are for 100% of children, and we back parents’ freedom to choose; the Labour party is adopting a self-defeating ideological approach to our education system, including academies, that seeks to divide. The education tax will hit 100,000 children with special needs who are in independent schools but without education, health and care plans. We have already seen children withdrawn from schools and schools closing as a result.
Measures such as increased alcohol duty, air passenger duty and vehicle duty will impact household finances directly, and borrowing costs have risen, meaning hard-working families will have to pay the costs—[Interruption.] Excuse me, my voice is going. Any impact that changes in the Bill will have on households should be closely monitored, which is what the new clause seeks to achieve.
As the shadow Minister set out, the new clause would require the Government to report on the likely impact of the tax measures on households across the income distribution. The Government already published that information alongside the autumn Budget in the “Impact on households” report, which illustrated the distributional impact of Government measures that have a direct impact on household incomes. Those measures come from welfare benefits, tax paid or benefits in kind received through public services by UK residents.
The analysis shows that the Government decisions at the autumn Budget 2024 and spending review 2025 phase 1 are progressive. Increases to public service spending means that households are, on average, better off in 2025-26 as a result of those decisions. The impacts of Government decisions benefit households in the lowest-income deciles the most, on average, as a percentage of income in 2025-26. The increases in tax are concentrated on the highest-income households. Overall, on average, all but the richest 10% of households will benefit from policy decisions in 2025-26.
Since the assessment of the impact of the Budget on households across the income distribution has already been published, I ask the shadow Minister to withdraw the new clause.
In the light of my failing voice I will not move the next new clause, so this will be the last time I will speak in the Committee. I thank you, Ms Vaz, and Mr Mundell, the Clerks and other officials, as well as Committee members. I also echo the thanks for the Chartered Institute of Taxation and others, and I thank Billy Falcon in my office, who has done sterling work in supporting me. I am grateful to the Minister for his comments. I am sure the rest of the Committee will be delighted that I beg to ask leave to withdraw the clause.
Clause, by leave withdrawn.
On a point of order, Ms Vaz. I thank you and Mr Mundell for chairing for the Committee. I thank all the Clerks and officials who have looked after us so well this week, and officials in the Treasury who have helped me to prepare for the Bill. I also thank all hon. Members present—both my hon. Friends and Opposition Members.
On a personal level, I have particularly enjoyed interacting with the lead Opposition spokesperson, the hon. Member for Grantham and Bourne, with our roles having been switched following events last July. Despite our political differences, he is someone with whom I enjoy debating important matters relating to Finance Bills. I thank all Members for their time, and I look forward to seeing them on Report.
I add my thanks to all the Clerks who have supported me in this role. I also say to Mr MacDonald that you have done exceptionally well as a new Member on a new Committee. Take this as a good learning exercise—we learn every day.
Bill, as amended, accordingly to be reported.
Committee rose.
Written evidence reported to the House
FB 13 The Wine and Spirit Trade Association (WSTA) – Clauses 63 to 64
FB 14 Taylor Wessing LLP – Clauses 37-46 & Schedules 8-13
Tobacco and Vapes Bill (Sixteenth sitting)
The Committee consisted of the following Members:
Chairs: Peter Dowd, Sir Roger Gale, Sir Mark Hendrick, † Mark Pritchard
Ahmed, Dr Zubir (Glasgow South West) (Lab)
† Al-Hassan, Sadik (North Somerset) (Lab)
† Barros-Curtis, Mr Alex (Cardiff West) (Lab)
† Bool, Sarah (South Northamptonshire) (Con)
† Chambers, Dr Danny (Winchester) (LD)
† Cooper, Dr Beccy (Worthing West) (Lab)
† Dickson, Jim (Dartford) (Lab)
† Foy, Mary Kelly (City of Durham) (Lab)
† Gwynne, Andrew (Parliamentary Under-Secretary of State for Health and Social Care)
Jarvis, Liz (Eastleigh) (LD)
† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)
Osborne, Tristan (Chatham and Aylesford) (Lab)
† Owatemi, Taiwo (Lord Commissioner of His Majesty's Treasury)
Rankin, Jack (Windsor) (Con)
Stafford, Gregory (Farnham and Bordon) (Con)
† Stainbank, Euan (Falkirk) (Lab)
† Whitby, John (Derbyshire Dales) (Lab)
Chris Watson, Kevin Candy, Sanjana Balakrishnan, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Afternoon)
[Mark Pritchard in the Chair]
Tobacco and Vapes Bill
New Clause 6
Consultation on licensing regulations
“(1) Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.
(2) Following the publication of the draft regulation as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.
(3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.
(4) The Secretary of State may not make an order under section 168(4) bringing Sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”—(Dr Johnson.)
See explanatory statement to Amendment 51.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
Amendment 50, in clause 168, page 120, line 30, after “3” insert
“, save Sections 16 to 18 and Schedules 1 and 2,”.
See explanatory statement to Amendment 51.
Amendment 51, in clause 168, page 120, line 39, leave from “force” to end of line 41 and insert
“on such a date as the Secretary of State may by regulation appoint following the consultation on licensing regulations (see section (Consultation on licensing regulations)).”.
This amendment, together with Amendment 50 and NC6, would require the Secretary of State to consult on licensing scheme regulations before Sections 16 to 18 and Schedules 1 and 2 come into force.
New clause 6 will introduce a process of consultation and scrutiny of the licensing regulations for the retail sale of tobacco products, when the relevant sections of the Tobacco and Vapes Act come into effect. New clause 6 is designed to ensure that the implementation of the licensing system is transparent and effective.
Subsection (1) lays out the following requirement:
“Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.”
The Secretary of State says he is working like the clappers, at supersonic speed, so I am sure that that should be more than achievable, but the new clause holds his feet to the fire on timing.
The provision is crucial because it sets a clear and reasonable timetable for the initial stage of the regulatory process. The publication of the draft regulations will provide a starting point for discussions about the rules governing the sale of tobacco, enabling relevant stake-holders, including retailers, public health experts and consumer advocacy groups, to examine responsive proposals. The two-month window allows the Secretary of State to move promptly—like the clappers—while also giving enough time for key groups to review the draft and contribute meaningfully to the conversation.
Subsection (2) further strengthens the consultation process, and it states that after the draft regulations are published, the Secretary of State must publish a call for evidence. This is an invitation for the public, industry participants and experts to provide their view on the proposed regulations. The goal of the call for evidence is to gather insights on the efficacy and suitability of the draft regulations, helping the Government to understand whether the proposals will achieve the intended outcomes and whether they are feasible in practice. Furthermore, the subsection ensures that the Business and Trade Committee will be invited to scrutinise the draft regulations, ensuring that any regulations that are developed are subject to thorough review and are held to the highest standards of accountability.
Subsection (3) requires that within six months of passing this Act, the Secretary of State must lay before both Houses of Parliament a report that responds formally to the evidence gathered through the consultation process, details the Government’s response to the feedback received and outlines any changes made to the draft regulations. In addition, the Government will address any recommendations put forward by the Business and Trade Committee in their scrutiny of the draft regulations.
The report will provide a mechanism for the Government to explain how public input and parliamentary scrutiny have influenced the final regulations, thus reinforcing the transparency and accountability of the process. The report also gives Parliament the opportunity to assess whether the Government sufficiently considered evidence before moving forward with the regulations.
Finally, subsection (4) introduces an important safeguard, and states:
“The Secretary of State may not make an order under section 168(4) bringing Sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament”.
This ensures that significant changes are not implemented without the proper review, approval and scrutiny of the House.
In summary, the new clause will strengthen the legislative framework of the Tobacco and Vapes Bill by ensuring the licensing regulations on the sale of tobacco products are subject to a thorough process of consultation, scrutiny and formal response. By requiring early publication, gathering public input, inviting parliamentary review and ensuring that no major changes are enacted before proper scrutiny, the new clause guarantees that the regulations will be well informed, balanced and accountable.
It will also ensure that the Minister does indeed go like the clappers, because it gives quite a tight timetable. One of my concerns, which I raised earlier in the debate, was that it would take some time for the regulations to come in. If we allow the time taken to bring in the regulations and consult to drag out, more children and adults will become addicted to these products, and that will be bad for the public health of the nation. The new clause provides a reasonable timetable to ensure the regulations are brought in swiftly, as the Minister has described.
It is good to be back after a short lunch break, Mr Pritchard; I trust Members are well nourished ahead of this afternoon’s sitting.
I am grateful to the shadow Minister for this set of amendments. They would require the Government to publish and consult on draft regulations relating to the licensing scheme in England, as set out in clauses 16 to 18 and schedules 1 and 2. The new clause stipulates that those regulations must be published within two months of Royal Assent of the Bill, and that a report on a mandated call for evidence, including a response to the Business and Trade Committee, must be laid before both Houses six months after Royal Assent.
I am sympathetic to the shadow Minister’s desire to move swiftly in this space. It is certainly my intention and the intention of the Government to move at pace—like the clappers, in supersonic fashion—in a whole range of areas. However, as with similar amendments relating to the registration scheme, we believe that new clause 6 would place an unreasonable and impractical constraint on Government. The reality is that to publish the regulations within two months of Royal Assent is simply not feasible, and the new clause does not reflect the processes and stages required for the development of proportionate, appropriate and well-considered regulations.
Development of secondary legislation takes time, and the arbitrary timescales proposed would not enable effective policy development. Forcing the Government to proceed with producing new legislation at the pace that the shadow Minister seeks to stipulate would open the Government up to the risk of creating flawed policy. Creating flawed policy carries clear risks, not least the potential for the Government’s work to be legally challenged, thereby delaying measures either for a further period of time or indeed for good.
The Bill imposes on the Secretary of State a statutory obligation to consult ahead of the introduction of any regulations. Through that process, we will be able to carefully consider views from stakeholders, including the retail sector, in order to build a licensing scheme that supports legitimate businesses while cracking down on rogue retailers.
Finally, to echo points that I have already made, the Bill has been developed in collaboration with colleagues across the United Kingdom, and such close working and close alignment will continue through the development of all secondary legislation. My concern about new clause 6 is that it risks creating inconsistencies with licensing regimes elsewhere, particularly in Wales and Northern Ireland. We are approaching this together, and that is why I ask the shadow Minister to withdraw the new clause.
We have learned from the Minister that terms such as “like the clappers”, “quickly”, “in due course” and “soon” all mean a timescale longer than publishing a draft within two months and the final version within six. In practice, that means the concerns I have expressed about the Bill are true. This will take a long time, and the Minister’s “soon” is not really soon enough.
I understand the Minister’s concern that if he does not get the work done in time, it will cause the Government problems, but the answer to that is simply to get the work done in sufficient time. The Minister has been clear all along that this is an urgent public health measure. Two thirds of the people who get addicted will die as a result of the tobacco they are consuming. Not to agree that he must produce draft regulations within two months, when he knows much of what the consultation will say—indeed, the previous Government consulted on much of it anyway—is to say that the Government will move slowly and not like the clappers at all.
I understand that he is concerned about inconsistency between the nations, but he has not expressed such concern before. In fact, throughout our debate, when we have discussed the nations, we have spoken repeatedly about respecting devolution and the ability of other nations to go at different paces, do different things in different ways, and impose different fines and other penalties.
I am not sure whether it is because of selective amnesia, or whether the shadow Minister has had a really good lunch, but she seems to have entirely forgotten our previous debates. We have debated the licensing regime at length, and I made it perfectly clear to the whole Committee that Scotland is doing its own thing because it believes that that works well for Scotland, but that England, Wales and Northern Ireland would be moving in lockstep on this. If she was not aware then, she should be now.
I thank the Minister for making my point, which is that some parts of the United Kingdom are choosing to do this in a different way.
We are doing this together.
But there is nothing to stop the Union doing it together. In the event that England chose to do things at a particular pace, as it has a right to do, the Scots have already chosen to do things differently, as is their right, and the Welsh and the Northern Irish could then choose to do things at the same pace—the same appropriately quick, or reasonable, pace—or they could decide that they want to go more slowly. That would be up to them. What is in the Minister’s control is to decide that he is prepared to act at a suitable pace to ensure that these regulations come into force as properly and as quickly as possible, including with scrutiny from the House.
It is a pleasure to serve under your chairmanship, Mr Pritchard. I appreciate the shadow Minister’s zeal in desiring to see this Bill on the statute book as quickly as possible, and in many ways I agree with her. Following on from what my hon. Friend the Minister has said, my concern is that putting in something that is perhaps impractical, and may have unintended consequences, might undermine the good intention that no doubt underpins her new clause.
For example, if new clause 6 became part of an Act and, for whatever reason, the draft regulations were not published within two months, and therefore the Government failed to meet the requirement in subsection (1), would subsection (4) not mean that clause 168(4) could never be implemented? Would that not have the opposite effect to what I think she is trying to achieve?
I thank the hon. Member for his intervention, but the answer is no, because a report has to be laid before both Houses of Parliament. If the Government were late in doing that, they would have breached the requirement in the clause and demonstrated themselves to be slow off the blocks, but, as I read it, that would not stop the other measures being brought into place.
We are trying to encourage the Government to move more quickly. My worry is that much of the Bill consists of provisions that give the Secretary of State the capacity to make regulations to do a whole range of things, most of which are very good and will help to protect public health—if he does them. I do not doubt the Minister’s zeal to ensure that the Secretary of State does so, or indeed the Secretary State’s desire to do so, but the fact is that the Government seem to have all sorts of priorities, and if this one gets put on the back burner, it could be many years before any of this comes into force.
The Minister is shaking his head, but what we are suggesting here begins after Royal Assent. Bear in mind that the Bill still has to move to Report, go to the House of Lords and then come back for Third Reading, so it has a long way to go through this Parliament before we get to the start of the two-month period. It does not start today, when we finish line-by-line scrutiny in the House of Commons Bill Committee. Even if we said that it would start two months from now, with six months until the report was published and the regulations put forward in their final form, it would be closer to a year by the time we got through all the parliamentary scrutiny, so the Minister has much more time even than the new clause would suggest.
If we put two-month and six-month markers into the legislation, the actual time involved would be more than two months and more than six months, because of the further parliamentary stages that the Bill must go through before we even get to Royal Assent. Those time periods start from the point at which the Bill becomes law, so I think the Minister has more than enough time, particularly if he is going to go supersonic, like the clappers.
Question put, That the clause be read a Second time.
New Clause 7
Consultation on registration and information requirements
“(1) Within two months of the passage of this Act, the Secretary of State must publish draft regulations relating to registration and information requirements relating to tobacco products etc.
(2) Following the publication of the draft regulations as set out in subsection (1) the Secretary of State must publish a call for evidence seeking views on the efficacy and suitability of the draft regulations and invite the House of Commons Business and Trade Committee to scrutinise the draft regulations.
(3) After six months of the passing of this Act, the Secretary of State must lay before both Houses of Parliament a report setting out the Government’s formal response to evidence submitted in response to the call for evidence required by subsection (2) and any recommendations of the Business and Trade Committee.
(4) The Secretary of State may not make an order under sections 169(1A) bringing Sections 95 to 98 into force until the report specified in subsection (3) has been laid before both Houses of Parliament.”—(Dr Johnson.)
See explanatory statement to Amendment 53.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
Amendment 52, in clause 169, page 121, line 21, after “etc)” insert—
“, save Sections 95 to 98,”.
See explanatory statement to Amendment 53.
Amendment 53, in clause 169, page 122, line 21, at end insert—
“(1A) Sections 95 to 98 (Registration and information requirements) come into force on such a date as the Secretary of State may by regulation appoint following the consultation on Registration and information requirements (see section (Consultation on Registration and information requirements)).”
This amendment, together with Amendment 52 and NC7, would require the Secretary of State to consult on registration and information requirements before Sections 95 to 98 come into force.
The purpose of new clause 7 is to ensure that the regulations surrounding tobacco products are both well informed and effective before they come into force. Subsection (1) requires the Secretary of State to publish draft regulations concerning the registration and information requirements for tobacco within two months of the passage of the Act. This provides an initial, timely step towards addressing these critical regulatory areas and ensures that the Government take swift action to establish clear guidelines for the tobacco industry, particularly regarding registration and information requirements. Again, we are trying to avoid delay. The two months do not start until the Act has passed, which means that the deadline is significantly more than two months from now—more than enough time for the Minister to produce the draft regulations, particularly given that, I suspect, much of the work is done already, and some of it was done by the previous Government anyway.
Subsection (2) requires the Secretary of State, following the publication of the draft regulations, to issue a call for evidence. That call for evidence will seek views on the efficacy and suitability of the draft regulations from a wide range of stakeholders, including industry experts, public health organisations and other interested parties. Additionally, the Secretary State is required to invite the House of Commons Business and Trade Committee to scrutinise the draft regulations. This subsection aims to ensure a transparent process that involves detailed external scrutiny of proposed regulations, helping to identify any potential issues or improvements before they are finalised.
Subsection (3) mandates that six months after the passage of the Act—I should mention again that that is more than six months from now—the Secretary of State must lay a report before both Houses of Parliament setting out the Government’s formal response to the evidence submitted in response to the call for evidence under subsection (2), as well as any recommendations made by the Business and Trade Committee. This requirement ensures that the Government are held accountable for considering all feedback and making any necessary adjustments to regulations before they are implemented. It promotes transparency and enables Parliament to monitor how the Government have addressed public and expert input.
Subsection (4) specifies the Secretary of State cannot make an order under clause 169(1A) bringing clauses 95 to 98 into force until the report mentioned in subsection (3) has been laid before both Houses of Parliament. That report sets out the Government’s response to consultation and any recommendations from the Business and Trade Committee, if there are any. Again, this is trying to make sure that the Government act at appropriate speed to get things done.
I repeat my point, perhaps inarticulately made earlier, about new clause 6, which applies to new clause 7. If subsection (4) said “any report”, my point might not stand, but it says
“the report specified in subsection (3)”.
If the Bill passed and the report was for some reason laid not six months later, but nine months later, would that not mean, because of the way the new clause is drafted, that an order under clause 169(1A) could not be implemented by the Secretary of State, thereby hampering their ability to bring about some important public health legislation?
The only thing that would inhibit the Government is not getting the work done in time—if they did not hand their homework in on time. We have all been at school and we know that if we do not hand our homework in on time, it causes us trouble. The simple fact is that the purpose of the clause is to get the Government to do their work in an appropriate time frame. So that is the point—we do not want to create a whole load of capacity in this legislation for the Government to do stuff only for them to put it on the back burner because they are too busy, do not have the time and do not see it as a priority. Legislating to have the power to do things and doing them are not the same thing. The purpose of this new clause is to make sure that the Government get them done.
I am grateful to the shadow Minister for her new clause 7. It would require the Government to publish and consult on draft regulations relating to the registration and information requirements set out in clauses 95 and 98. It stipulates that these regulations must be published within two months of Royal Assent of the Bill, and that a report on a mandated call for evidence, including the response to the House of Commons Business and Trade Committee, must be laid before both Houses six months after Royal Assent.
Again, I am sympathetic to the shadow Minister’s desire to move swiftly in this space, but as with her similar proposals relating to licensing, this new clause would place an unreasonable and impractical constraint on the Government. To draft and publish these regulations within two months of Royal Assent is simply not feasible, and the new clause does not reflect the required processes and stages for the development of proportionate, appropriate and well-considered regulations. Development of secondary legislation takes time, and the arbitrary timescales proposed would not enable effective policy development.
The Bill imposes on the Secretary of State a statutory obligation to consult on the appropriate parties ahead of introducing any regulations on this issue. Through this process, we will be able to carefully consider views relating to the existing notification schemes for tobacco products and nicotine vapes, as well as to get views on how a future registration scheme might work, and, importantly, use that input to shape and draft the required regulations. Forcing the Government to proceed hastily with producing new legislation opens up the risk of creating flawed policy. Creating flawed policy creates clear risks, not least the potential for the Government’s work to be legally challenged. I know that that is not what the shadow Minister wants, so I therefore ask her not to push her new clause to a vote.
I think it is inevitable that much of this will be legally challenged, because the effect of the legislation is to hamper severely an industry that has a lot of money. They are going to challenge every dot and comma of it—I am quite sure of that. The purpose, however, of this new clause is to get the Government to move at speed. The Government have been in power for more than six months now, so they cannot say that they are not capable of producing draft guidelines for regulations within six months of the date of Royal Assent, which is many weeks from now, given that they have managed to publish the Employment Rights Bill, the Renters’ Rights Bill, the Finance Bill and various other things. I do not understand why the Minister is not keener to get these things done.
I will therefore push the new clause to a vote. Yes, the Minister could get himself in trouble if he did not work quick enough, but I have every confidence that if this new clause were enacted, the Minister would—like the clappers, at supersonic speed—be more than capable. I have every confidence that the Minister is more than capable of drafting regulations within the time available if he is forced to do so.
Question put, That the clause be read a Second time.
New Clause 8
Reports on illegal sale of tobacco and vaping products
“(1) The Secretary of State must—
(a) prepare reports on the scale of the illegal sale and availability of tobacco and vaping products in the United Kingdom; and
(b) lay a copy of each report before both Houses of Parliament.
(2) Each report must provide details in the United Kingdom of—
(a) the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale;
(b) the estimated amount and value of illegal or non-compliant vapes available for sale;
(c) the action taken to tackle the illicit trade of tobacco, tobacco products, vaping devices and vaping products; and
(d) an assessment of the impact of the illicit trade of tobacco, vapes and nicotine products on public health and safety.
(3) The first report must be laid within the period of 12 months of the passing of this Act.
(4) Each subsequent report must be laid annually beginning with the day on which the previous report was laid.”— (Dr Johnson.)
This new clause would require that the Government produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
New clause 8 is designed to require the Government to produce annual reports detailing the scale of the illegal sale and availability of tobacco and vaping products. Subsection (1) would mandate the Secretary of State to prepare reports on the scale of illegal tobacco and vaping products in the UK. The reports would focus on providing a detailed overview of the prevalence and impact of illegal, counterfeit and contraband products in the market. Subsection (1) would also require the Secretary of State to lay a copy of each report before the Houses of Parliament, ensuring transparency and parliamentary oversight.
Subsection (2) outlines the specific information that each report would have to include. It stipulates that the reports would have to cover the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale in the UK; the estimated amount and value of illegal or non-compliant vapes available for sale; a breakdown of the actions taken by the Government and relevant authorities to tackle the illicit sale of tobacco, tobacco products, vaping devices and vaping products; and an assessment of the impact that the illicit trade of tobacco, vapes and nicotine products had been having on public health and safety. That is crucial to understanding not just the scale of the problem, but the broader implications for public health.
Subsection (3) sets out a requirement for the first report to be laid before both Houses of Parliament within 12 months of the passing of the Act. That would ensure that the Government addressed the issue of illegal tobacco and vaping products promptly after the Bill was enacted. Subsection (4) establishes that each subsequent report would have to be laid
“annually beginning with the day on which the previous report was laid.”
That annual cycle would ensure that ongoing monitoring of the illegal trade, providing a regular and up-to-date picture of the situation in the United Kingdom.
In conclusion, new clause 8 would establish a consistent and systematic process for reporting on the illegal sale and availability of tobacco and vaping products in the UK. By producing detailed annual reports assessing the scale of the illicit trade and its impact on public health and safety, the Government would be held accountable for addressing this issue. Furthermore, the new clause would provide Parliament with the necessary information to scrutinise the actions taken by the Government to combat the illegal trade, promoting transparency and informed decision making.
I am grateful to the shadow Minister for bringing this discussion before the Committee today. New clause 8 would require the Government to produce annual reports on the scale of the illegal sale and availability of tobacco and vaping products and the impact on public health and safety. I am sympathetic to the hon. Lady’s aim to ensure that the benefit and progress made as a result of our measures is known and seen by the public. However, this new clause is not needed, given that the Government already publish data on the illicit tobacco market and we will be doing the same for vapes following the introduction of the new vaping products duty.
On tobacco, His Majesty’s Revenue and Customs already regularly provides data and reports on various aspects of the illicit trade. For example, HMRC periodically publishes the tobacco tax gap report, which estimates the difference between the theoretical duty liability and the actual amount of tobacco duty collected by HMRC. That report also estimates the market share of illicit tobacco. HMRC also publishes the annual outputs for tackling tobacco smuggling, which include figures on tobacco seizures, including the number of criminal prosecutions and amount of civil penalties issued. National Trading Standards, too, provides public reports and updates related specifically to enforcement activity, which include the illegal sale and importation of vapes and related products. Additionally, HMRC intends, following the introduction of the vaping products duty, to publish annual estimates of the size of the illicit market, using tax gap data as well as data on activity targeting vaping duty fraud, such as the number of seizures.
It is important that enforcement agencies produce the estimates and figures on enforcement activity, given that that is their area of expertise. An annual report from the Secretary of State would only duplicate that information. For that reason, I ask the hon. Lady to withdraw the new clause.
I thank the Minister for his detailed response to this new clause. Can he confirm that the reports are produced on an annual basis, and will continue to be produced on that basis by both relevant authorities through this Parliament?
It is our intention that the reports will be published in accordance with the mechanisms with which they are published now, with the frequency that they are now published. Therefore, we do not need this new obligation on the Secretary of State.
I take the Minister at his word, and beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 9
Prohibition on manufacture and retail of high-capacity count vaping devices
“(1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure—
(a) refill containers cannot be attached to a vaping device post-purchase to increase a device’s overall capacity during use, or allow for multiple pods to be attached at the same time to a device to increase its functional capacity beyond a 2ml limit.
(b) devices only have a single pod or tank that does not exceed 2ml limit.
(c) refill devices do not exceed a 10ml capacity and must be sold separately and not in the form of a clink-on tank.
(2) A person commits an offence if the person—
(a) manufactures, designs for manufacture, imports or supplies for sale a vaping device that is contrary to the regulatory requirements set out in subsection (1).
(b) sells or retails a vaping device that is contrary to the regulatory requirements set out in subsection (1).
(3) A person who is guilty of an offence under paragraph (2)(a) is liable on summary conviction to a fine of £20,000.
(4) A person who is guilty of an offence under paragraph (2)(b) is liable on summary conviction to a fine of £10,000.”— (Dr Johnson.)
This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
New clause 9 is designed to regulate the design, manufacture, and sale of high- capacity vaping devices, specifically addressing concerns around devices that allow for an increased capacity beyond a specified limit. The proposal seeks to ensure that vaping products sold in the UK remain within acceptable safety standards and prevent devices from becoming overly powerful or difficult to control. The clause places limits on the size of pods, tanks, and refill containers for vaping products.
Subsection (1) introduces specific requirements regarding the design, manufacture, and sale of vaping devices and products. It mandates that vaping devices sold within the UK should not allow for refill containers to be attached to a device post purchase to increase its capacity beyond the legally accepted limits. That part of the clause ensures that devices can only hold a single pod or tank that does not exceed a 2 ml capacity. This is a critical public health measure, because larger capacities could encourage excessive consumption of nicotine, posing potential risks to users, particularly younger people or those who may be more vulnerable to nicotine addiction.
It is worth pointing out that in line with the vote we had this morning on nicotine pouches of very high strength, if vapes are there to help people to stop smoking—as the industry says they are—there is no requirement for those devices to be stronger in nicotine than a cigarette is. Otherwise the addiction to nicotine will go in precisely the wrong direction.
Furthermore, subsection (1) ensures that refill devices, such as e-liquids, must not exceed a 10 ml capacity. Importantly, these refill devices must be sold separately, preventing sellers from marketing click-on or multi-pod systems that could encourage users to exceed the capacity limits in a single vaping session. By introducing the restrictions, the clause aims to maintain control over how vaping products are consumed and reduce the potential harms associated with unregulated usage.
Subsection (2) establishes that it is an offence for anyone to manufacture, import, supply for sale, or sell a vaping device that does not conform to the regulations outlined in subsection (1). The provision is designed to create accountability within the vaping industry, ensuring that businesses involved in the design, production, or sale of vaping products are held to strict standards. The penalties outlined in the clause will deter manufacturers or retailers from attempting to circumvent the capacity restrictions for financial gain.
Subsection (3) specifies the penalties for manufacturers, designers, or importers who are found guilty of violating the regulations set out in subsection (1). Specifically, those found guilty of manufacturing or importing non-compliant vaping devices could face a fine of up to £20,000 on summary conviction. That substantial fine acts as a deterrent against non-compliance by manufacturers, encouraging them to adhere strictly to safety standards.
Subsection (4) establishes penalties for retailers who sell non-compliant vaping devices. If a retailer is found guilty of selling a vaping device that does not meet the specified requirements, they could be fined up to £10,000. The tiered nature of the fines, with higher penalties for manufacturers and lower penalties for retailers, reflects the differing levels of responsibility in the supply chain.
New clause 9 introduces important regulations to prevent the manufacture, sale, and distribution of high-capacity vaping devices that could pose greater health risks. By limiting the size of tanks, pods, and refill containers, and imposing penalties for non-compliance, the clause seeks to protect public health and prevent the misuse of vaping products.
Again, I am grateful to the shadow Minister for bringing this important discussion to the Committee. The provision would regulate high-capacity count vaping devices, which we understand to mean so-called “big puff vapes”, or devices that provide more than 600 puffs, by ensuring that the Secretary of State regulates the amount of liquid in a tank and ensures that the refill container cannot be connected to the vape device, creating more liquid and thus more puffs.
Although I empathise with what the shadow Minister is trying to do, the Bill already provides powers that allow us to regulate for the size of a tank or refill container and the amount of liquid that can be included, as well as powers to standardise vapes and to further restrict liquid availability. In addition, the Bill contains powers that allow us to regulate the amount of nicotine in a puff, so as to restrict not only the amount of nicotine in the tank, but the amount of nicotine that can be emitted in the vapour.
We have a duty to consult on ways in which vapes and vape devices can be standardised before we make regulations. This will ensure that the right decisions are taken, based on evidence, which will reduce the legal risk to Government from any future litigation.
Moreover, many so-called big puff vapes currently on the market will be caught by the upcoming ban on single-use vapes, which will be led by the Department for Environment, Food and Rural Affairs and comes into force on 1 June, because most of them are disposable products and do not have replaceable coils.
It is for these reasons that I ask the shadow Minister to withdraw her new clause.
The key thing is that although the Bill does have powers for all that to happen under regulation, we have already established that the regulations will take more than two months to write and more than six months to review, even after the Bill has gained Royal Assent in a few months’ time, so we will probably be sitting here next year with no restrictions at all on vapes, because the Government will not have written them. Therefore, I think it is important that in the meantime we try to use the Bill to make the most clear and important changes, including the size of the tank limit.
Question put, That the clause be read a Second time.
New Clause 10
Age verification requirement for online sales of vaping devices and products
“(1) A person commits an offence if the person—
(a) carries on an online vaping product business, and
(b) fails to operate an age verification policy in respect of online sales of vaping products and devices.
(2) An “age verification policy” is a policy that steps are to be taken to establish and ensure the age of a person attempting to buy a vaping product (the “customer”) is not under 18 years of age.
(3) The appropriate national authority may by regulations amend the age specified in subsection (2).
(4) The appropriate national authority may publish guidance on matters relating to age verification policies, including, in particular, guidance about—
(a) steps that should be taken to establish a customer’s age,
(b) documents that may be used as evidence of a customer’s age,
(c) training that should be undertaken by the person selling vaping products,
(d) the form and content of notices that should be displayed on websites; and
(e) the form and content of records that should be maintained in relation to an age verification policy.
(5) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(6) Regulations under subsection (3) are subject to the affirmative resolution procedure.
(7) In this section—
“the appropriate national authority” means—
(a) in relation to England, the Secretary of State, and
(b) in relation to Wales, the Welsh Ministers,
“online vaping product business” means a business involving the sale of vaping products by retail online.”— (Dr Johnson.)
This new clause introduces a requirement on online vaping product businesses to operate an age verification policy covering steps to be taken to establish the age of persons attempting to buy vaping products online. It reflects provisions in place in Scotland.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Clause 161
Power of Secretary of State to make consequential provision
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss clauses 162 to 166 stand part.
The clauses concern powers for relevant Ministers to make consequential amendments and the procedure for making regulations under the Bill. Clause 161 provides the Secretary of State with the power to make regulations that are consequential on the Bill. Clause 162 confers a power on Scottish Ministers to make provisions that are consequential on part 2 of the Bill, as well as clauses 142 to 146 and schedule 18. Clause 163 confers a power on Welsh Ministers to make provisions that are consequential on part 1 of the Bill, as well as clauses 147 to 152 and schedule 19, provided they are within their legislative competence. Clause 164 confers a power on the Department of Health in Northern Ireland to make provisions that are consequential on part 3 of the Bill, as well as clauses 153 to 157 and schedule 20.
Those regulations may amend, repeal or revoke any legislation passed before or in the same Session of Parliament as the Bill, as well as any provision made by the Bill itself. Regulations may amend primary as well as secondary legislation. During the development of the Bill, every effort was made to identify any consequential amendments that are required and to make provision for them on the face of the Bill. However, as the Bill brings together legislation that has been made over the last century, there is a small likelihood that further consequential amendments may be required to enable it to function effectively. It is therefore prudent that powers are conferred on the relevant Minister to make such changes via secondary legislation. Any regulations amending primary legislation will be subject to the affirmative procedure, in line with guidance from the Delegated Powers and Regulatory Reform Committee.
Clause 165 provides that any regulations made under the Bill, except for regulations made under clauses 168 to 170, may make consequential, supplementary, incidental, transitional or saving provision. It also provides that such regulations may make different provision for different purposes and for different parts of the United Kingdom. For example, in relation to regulations made under the powers in part 5, on registration requirements for products, different provision may be needed for Great Britain and Northern Ireland, to take account of their pre-existing legislative frameworks.
Clause 166 provides for the procedures for making regulations under the Bill. Regulations made by the Secretary of State or Welsh Ministers are to be made by statutory instruments, regulations made by Scottish Ministers are to be made by Scottish statutory instruments and regulations made by the Department of Health in Northern Ireland are to be made by statutory rules. The clause also sets out in one place what is meant by the affirmative resolution procedure and negative resolution procedure for making regulations. Defining these terms is a drafting practice, and this is a standard clause that enables the measures in the Bill and regulations made under it to function effectively. I therefore commend the clauses to the Committee.
Question put and agreed to.
Clause 161 accordingly ordered to stand part of the Bill.
Clauses 162 to 166 ordered to stand part of the Bill.
Clause 167
Extent
Question proposed, That the clause stand part of the Bill.
This clause outlines the territorial extent of the Bill: part 1 applies to England and Wales, part 2 to Scotland, part 3 to Northern Ireland, and parts 4 to 6 and 8 to the entirety of the United Kingdom. Part 7 contains only amendments to existing legislation, and therefore, by virtue of subsection (1), its extent does not need to be explicitly stated. This is a standard clause that helps the measures in the Bill to function effectively; I therefore commend it to the Committee.
As the Minister says, clause 167 provides for the extent of the Bill. I am particularly interested in the way that part 3 extends to Northern Ireland. As part of the Windsor framework, Northern Ireland is subject to 283 Euro laws, including the EU’s tobacco directive. Article 24 of the tobacco directive says:
“Member States may not…prohibit or restrict the placing on the market of tobacco or related products”,
apparently contradicting this Bill.
It is claimed in paragraph 350, on page 44 of the explanatory notes to the Bill:
“Under the Windsor Framework Agreement, the requirements of the EU Tobacco Products Directive continue to apply in relation to Northern Ireland. If regulations are made under the powers in Part 5 of the Bill which cover matters which the Directive applies to, then appropriate provision will be made in respect of Northern Ireland to ensure that the UK government meets its obligations under the Windsor Framework.”
The Minister will be aware that several MPs, including the former Member for North Antrim, the hon. and learned Member for North Antrim (Jim Allister) and my hon. Friend the Member for South Northamptonshire, have asked whether the Bill will fall foul of the tobacco directive by restricting the sale of tobacco, and will therefore be unenforceable in Northern Ireland. I notice that formal submissions to the Committee have suggested so too. The Minister will be aware that a King’s counsel has expressed similar concerns in the press. I share the concerns of other Members, no doubt, that that potential shortcoming could be exploited by tobacco companies looking to undermine the Bill.
Responding to the hon. and learned Member for North Antrim on 26 November, the Minister said that he was assured that the Bill
“complies with the requirements of the Windsor framework”
and that it
“covers all four nations of the United Kingdom”. —[Official Report, 26 November 2024; Vol. 757, c. 725.]
In the fifth sitting of this Committee, on 14 January, the Minister said:
“On the Windsor framework, we are proud to say that the Bill is UK-wide and has been developed in partnership, in full, with the Scottish Government, Welsh Government and Northern Ireland Executive. This Government, and I hope this House, intend the smoke-free generation policy to apply to all four nations.”––[Official Report, Tobacco and Vapes Public Bill Committee, 14 January 2025; c. 175.]
That intent is, of course, good, but the Minister does not appear to have laid out clearly how the Bill can be fully applicable to Northern Ireland while also compatible with the Windsor framework. For the benefit of the Committee, will he please do so?
I want to build on the shadow Minister’s point, because I raised that concern in one of the previous sittings. I want to refer to the words of the King’s counsel, Jason Coppel, of 11KBW chambers, in relation to this point. In an article published online, he notes that TPD2, the tobacco products directive,
“lays down various requirements concerning matters such as ingredients, emission levels and packaging which must be satisfied by tobacco products, vapes and other smoking products if they are to be marketed within the EU. Member States are not permitted to prohibit or restrict the placing on the market of products which satisfy these requirements (article 24(1)). However, TPD2 does not seek to harmonise domestics sales arrangements for these products and positively encourages Member States to introduce age limits on their sale (recitals (21) and (48)). The key issue is therefore whether a GSB”—
a generational sales ban—
“would be a selling arrangement or age limit which is compatible with TPD2 or a gradual prohibition on the placing on the market of tobacco and other products which meet the product requirements of TPD2, which would likely be incompatible with TPD2. There are, on any view, powerful arguments in favour of the latter view. The age limits referred to in TPD2 were limits on the sale of tobacco products to minors, not to adults. Unlike an age limit, the intention and effect of a GSB is to phase out the use of tobacco products entirely. It is equivalent in effect to an absolute ban on the sale of tobacco products, but a ban which is introduced very slowly, with an extent which increases day by day. If that analysis is correct then cl 68-69 of the Bill, if enacted, would likely contravene TPD2 regardless of whether they can be established by the Government to be a proportionate restriction in the interests of public health. It is reasonable to infer that the positions adopted by the Danish and Irish Governments were dictated by arguments along these lines. If a GSB would indeed contravene TPD2, it is relatively clear, from a series of decisions of the Northern Ireland courts applying the Windsor Framework, that TPD2 would have direct effect so as to override the GSB, pursuant to section 7A of the European Union Withdrawal Act 2018.”
I appreciate that that is heavy legalese, but it is important to stress Mr Coppel’s point. I do not feel that I had a sufficient answer from the Minister last time, so I would appreciate it if he could confirm that that has been considered.
Of course that has been considered. It is the responsibility of the United Kingdom Government to ensure that any legislation appertaining to Northern Ireland is compatible with the Windsor framework—that is clear. In drafting the Bill, the Government have taken into account all our domestic and international obligations. It has been put together following full consultation with Scotland, Wales and Northern Ireland, and we intend it to be United Kingdom-wide legislation for a smoke-free UK, in accordance with our international obligations.
I understand that that is the Minister’s intent—indeed, it would be my intent to see people in Northern Ireland, as part of our great country, be as healthy as the rest of those in the United Kingdom—but intent is not enough to make things happen, in the same way that the Government saying they will go for growth does not make it happen, particularly if they do things that have the opposite effect. What is the legal position on which the Minister believes the clause will stand?
The Bill is and will be, as an Act of Parliament, in full accordance with our international obligations. We will have a smoke-free United Kingdom, and the measures appertaining to Northern Ireland fit within our international and domestic obligations under the Windsor framework.
Question put and agreed to.
Clause 167 accordingly ordered to stand part of the Bill.
Clause 168
Commencement: Parts 1 to 4
I beg to move amendment 15, in clause 168, page 121, line 1, after “force” insert
“(so far as not in force by virtue of subsection (2))”.
Clause 168(2) brings the regulation making powers under Part 1 into force on royal assent. This amendment indicates that the Welsh Ministers’ power to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).
With this it will be convenient to discuss the following:
Government amendment 98.
Clause stand part.
Clause 169 stand part.
Clauses 168 and 169 provide for the commencement of provisions in parts 1 to 4 and parts 5 to 8 respectively. Provisions in parts 1 to 4 come into force six months after the day the Bill is passed, with certain exceptions, including the regulation-making powers contained in parts 1 to 3, including powers to implement a licensing scheme, which will be commenced on the day the Bill is passed. Provisions to implement the smoke-free generation policy across the UK will come into force on 1 January 2027, when those born on 1 January 2009 turn 18 years old. Clause 168 also provides for the commencement of various other provisions that are specific to the devolved Governments, such as the provision to update the definition of a tobacco product in Scottish legislation. The remaining provisions in parts 1 to 4 will be commenced by regulations or by order.
Provisions in part 5 of the Bill, which relate to product and information requirements, are regulation-making powers, so they come into force on the day the Bill is passed. The majority of the provisions in part 6, such as those that prohibit the advertising of products including vaping products, will come into force on such day as the Secretary of State may appoint by regulations. Provisions in part 7 will come into force on such days as the relevant national authority may appoint by regulations. That includes regulation-making powers to create additional smoke-free places, and making smoke-free places vape-free. These are standard clauses that are required for the implementation of measures in the Bill.
I turn now to Government amendments 15 and 98, which stand in my name. These technical amendments to clause 168 have been tabled at the request of the Welsh Government and the Northern Ireland Executive. Government amendment 15 concerns powers for the Welsh Ministers to commence provisions in part 1 relating to the licensing of retail sales in Wales and the handing over of tobacco products, herbal smoking products, cigarette papers, and vaping and nicotine products, to under-age people.
Government amendment 98 concerns equivalent powers for the Department of Health in Northern Ireland to commence provisions in part 3 relating to the extension of the retailer register and the licensing of retail sales in Northern Ireland. Some parts of the provisions will be commenced automatically by clause 168(2) where they provide powers for the Welsh Ministers or the Department of Health in Northern Ireland to make regulations. Therefore, the amendment makes it clear that the power for the Welsh Ministers or the Department of Health in Northern Ireland to commence provisions cannot be used on those provisions that have already been commenced. The amendment serves to align the drafting for Wales and Northern Ireland with the equivalent provisions for England in clause 168(4). For that reason, I encourage the Committee to support the Government amendments.
Amendment 15 agreed to.
Amendment made: 98, in clause 168, page 121, line 12, after “force” insert
“(so far as not in force by virtue of subsection (2))”.—(Andrew Gwynne.)
Clause 168(2) brings the regulation-making powers under Part 3 into force on royal assent. This amendment indicates that the power of the Department of Health in Northern Ireland to bring certain provisions into force is subject to that and is intended to ensure consistency with the drafting in clause 168(4).
Clause 168, as amended, ordered to stand part of the Bill.
Clause 169 ordered to stand part of the Bill.
Clause 170
Transitional provision
I beg to move amendment 16, in clause 170, page 122, line 3, at end insert—
“(za) sections 19 to 22 and Schedule 3 and 4 (licensing of retail sales of tobacco products etc in Wales);”
This amendment confers power on the Welsh Ministers to make transitional or saving provision in connection with the commencement of certain provisions that they have power to bring into force by order under clause 168(5).
With this it will be convenient to discuss clause stand part.
Clause 170 provides powers for Ministers in each of the devolved nations to make transitional and saving provisions. Transitional provisions address how existing legislation will be phased out or replaced by new legislation. Saving provisions preserve certain rights, obligations or legal consequences from existing statute. The power to make transitional and saving provisions is given to Ministers in each devolved Government to aid the implementation of specific measures in the Bill within their legislatures. This is a standard provision that enables measures in the Bill to function effectively.
Government amendment 16 is being made at the request of the Welsh Government. This technical amendment provides powers to the Welsh Ministers to make transitional or saving provisions in connection with the commencement of provisions relating to the retail licensing of products in Wales. As the Welsh Ministers have the power to commence those provisions by order, it is appropriate that they have the power to make transitional or saving provisions in connection with their commencement. That aligns with the approach taken throughout the Bill whereby such powers are given to the relevant Minister responsible for their commencement. For that reason, I encourage the Committee to support Government amendment 16.
Amendment 16 agreed to.
Clause 170, as amended, ordered to stand part of the Bill.
Clause 171
Short title
Question proposed, That the clause stand part of the Bill.
The clause currently provides that the Bill may be cited as the Tobacco and Vapes Act 2024 once passed. As it is now 2025, the short title will be updated when the Bill, as amended in Committee, is printed to refer to 2025 rather than 2024.
Question put and agreed to.
Clause 171 accordingly ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
This is a remarkable moment in parliamentary history, because we have got the Tobacco and Vapes Bill through Committee. I thank you, Mr Pritchard, as well as Sir Roger, Sir Mark and Mr Dowd, for your diligent chairing. Please pass on the whole Committee’s appreciation for the way in which you have kept us going throughout.
I thank all Members on both sides of the Committee for the role that they have played, particularly as many are new Members. It has been a baptism of fire for some of them, but I hope that they have found the experience of amending, scrutinising and debating a really important piece of legislation to be of benefit. New Members should be assured that their Whips have already noted that this will be their first Committee of many.
I wonder whether the Minister will allow me to indulge in a history lesson of my own, as that seems to have been the order of the day for most of the Committee’s sitting days. While I am overjoyed that the Bill is one step closer to becoming law, I must make the Committee aware of a previous smoking ban introduced in the 16th century by Pope Urban VII. During his short period as pope—it lasted 13 days—he went like the clappers to bring in a smoking ban, before he snuffed it. That ban was taken further by Pope Urban VIII, who banned snuff and threatened to excommunicate anyone smoking it, chewing it or sniffing it in or anywhere near a church. I only wish that the hon. Member for Windsor was in his place to realise that the Bill is positively liberal compared to the papal bulls of those popes.
May I say that that was completely within scope? [Laughter.]
I am grateful to my hon. Friend for her intervention. Perhaps it shows that history does matter and we can learn from it. Never mind Henry VIII powers: perhaps when we bring forward the regulations, we will have papal powers to go further.
As the Minister is aware from my previous contributions, I am delighted to see both the Bill’s passage and that the Government have taken on board some of my amendments to the Conservative Bill, which was similar. I very much enjoyed the history lesson from the hon. Member for City of Durham and hope that the Minister’s version of “like the clappers” will be just as quick.
I am grateful to the shadow Minister. We have been greatly entertained by her history lessons—I now know more about snuff than I ever wanted to. We have had tradition. We spent such an inordinate amount of time on clause 1: I thought we would never reach this stage. We were certainly not going like the clappers or supersonic at the start. I suspect that we have heard a large amount from ChatGPT—[Interruption.] Well, I think perhaps my hon. Friend the Member for City of Durham certainly did a good google.
The Minister credits me with more tech savvy than I have. ChatGPT is well outside my portfolio.
Well, if we have not heard from ChatGPT, we have certainly had, through the Institute of Economic Affairs, a bit of ChatSHT.
I am not sure that is in order.
I take it back, Mr Pritchard—only because the hon. Member for Windsor is not here.
By the way, just for the record, that is not an endorsement or a lack of endorsement of that organisation; it is just a question of whether that language is parliamentary.
It was just three letters.
I join the Minister in congratulating everyone involved in the Bill, including the Clerks and everybody behind the scenes. On the question of history, I think I recall from our copious sessions the mention of LADbible, in which the Minister has featured four times. I wonder whether we can make history by getting him featured a fifth time once the Bill gets into statute.
I am almost like a standing article now for LADbible. I am not sure whether that makes me a social media influencer—about which we have heard a lot during the course of the debate—or just a media tart. My hon. Friend is absolutely right that it was not one, two or three but four features we got out of LADbible —and who knows; we might get a fifth.
I sincerely thank the Clerks, the Hansard staff and the Doorkeepers. We do not thank them enough for the work that they do to keep Committees like this going, and I want to place that on the record.
As a new Member, and someone who came into politics with a passion for health—specifically public health—and addressing inequality, I am really proud to have been a part of this group. I remember the chief medical officer saying that the Bill will not only have the biggest impact on public health of any legislation in about 20 years, but it will be one of the biggest interventions to help even up inequality, especially in life expectancy. As a new Member, and as part of the Liberal Democrat health team, I am really pleased to be involved in this.
Unfortunately he is not here today, but on several occasions the hon. Member for Farnham and Bordon pontificated on what the flavour of unicorn milk in vapes might be. I never contributed but, as the only vet here, I could have made some assumptions. Assuming that the unicorn’s horn does not influence the flavour of the milk, we can probably extrapolate that it tastes very much like a horse’s milk. As someone who has regularly had to milk a mare to feed a newborn foal, I can tell the Committee that when the mare does not enjoy that, the milk often sprays everywhere—sometimes into one’s mouth. It does not taste terrible, but I would not advise vape manufacturers that it is a good flavour to put into vapes.
I now know more about the equine sector than I ever wanted to. We have got to the accidental squirting of horse milk into one’s mouth, but of course, we started the Committee with a whole tale about getting one’s hoof trimmed—which, I have to say, Mr Pritchard, has a whole other meaning in Manchester.
As a pharmacist, I have greatly enjoyed all Members’ contributions to the debate in Committee, but I am very much looking forward to a future in which I do not have to do a stop smoking consultation again.
And so say all of us. The last thanks I want to give are to my private secretary and my team of officials from the Department of Health and Social Care, because they are the ones who have been up late most days, ensuring that the packs are ready for me and the Government Whip, that I am well briefed and that I have the time to question them about the various clauses. I am really grateful to them.
We have had a lot of good, detailed scrutiny. Most of the debates have been good natured, and it has shown the House of Commons at its best. To echo the hon. Member for Winchester, this is a landmark Bill. It will be the single most important piece of public health legislation for a generation, and we are all part of that. We have made history.
There is one last person the Committee should thank, and that is the Minister himself. I am sure we will get a chance to say this again on Third Reading, when we will no doubt debate these things again, but I have to say that the passion, good humour, knowledge and commitment with which he has taken this legislation through Committee is something for which we should all be grateful. Thank you, Minister.
I think there is another person to whom thanks need to go on the record, and that is my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak). Let us not forget that while this Bill is coming through now, the vast majority of it is similar in content to—in some cases, it is entirely verbatim—the Bill that came through a similar Committee last spring, thanks to the visionary leadership of my right hon. Friend.
First, I thank my hon. Friend the Member for Dartford for his thanks. It would be remiss of me not to pay tribute to the former Prime Minister. When we were debating clause 1—all those many, many moons ago—I said that it took a lot of political bravery for a Conservative Prime Minister not just to go as far as he did, but to announce it at Conservative conference. I know from some of my Conservative friends that it raised significant eyebrows within that conference hall, but it was the right thing to do. That is why the Labour Opposition supported this legislation in the last Parliament. We would have loved to have seen it taken through the wash-up procedure before the general election, but that was not part and parcel of the deal that was put.
However, we are here today with this Bill, which includes many of the things that the shadow Minister wanted to have included in her Bill. What is transformative is that once what we have taken through Committee today—we have Report and Third Reading to go—gains Royal Assent, it will ensure that no child born after 2009 will legally be able to be sold tobacco products ever again. We are stopping that conveyor belt, as I have described it, for the tobacco industry, and through stop smoking services and support we are coming after the market share that they have protected. We are going to make sure that vapes are never promoted, advertised or displayed in a way that will encourage children to take up vaping.
The Bill is a landmark and it is life-changing. In just 25 years’ time, if the Government’s impact assessment is correct, the smoking prevalence of people under the age of 30 will be near to zero. It started here, with this Bill. Well done, and thanks to all Members.
Before I put the question, if I may, I will put on record my thanks to you, Minister—I actually said “you”; I mean the hon. Gentleman. I am breaking my own rules, or the House’s rules. I thank the Minister, the shadow Minister, the Government Whip, the hon. Member for Coventry North West, and the shadow Whip, the hon. Member for Farnham and Bordon, who is not here today. I thank all Members for their contributions to debating this serious subject, but with good humour.
I give particular thanks to the Clerks. Frankly, Parliament could not operate without our fantastic Clerks. I thank the officials from Hansard, who literally keep us all on the record, and the fantastic Doorkeepers who do such a great job with Divisions. I also thank the other Chairs who have shared this Bill Committee with me.
The Committee has almost finished its work; all that is left is for me to put the question formally. I encourage all Members to go like the clappers—but within the law—to their constituencies.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Committee rose.
Written evidence reported to the House
TVB77 CCHG trading as VPZ
TVB78 British Paediatric Respiratory Society (BPRS)
TVB79 Association of Directors of Public Health (supplementary)
TVB80 UK Vaping Industry Association
TVB81 Dr Johannes Kniess, Senior Lecturer in Political Philosophy, Newcastle University; and Andreas Schmidt, Professor of Moral and Political Philosophy, University of Groningen in the Netherlands
TVB82 Australian Association of Convenience Stores (AACS)
TVB83 Bristol City Council
TVB84 Robert Sidebottom
TVB85 NASUWT (supplementary)
TVB86 Independent British Vape Trade Association (IBVTA) (further evidence)
TVB87 Professor John Holloway, University of Southampton
TVB88 Resolve ASB
TVB89 Vendi Tech
Terminally Ill Adults (End of Life) Bill (Seventh sitting)
The Committee consisted of the following Members:
Chairs: Peter Dowd, Clive Efford, Sir Roger Gale, † Carolyn Harris, Esther McVey
† Abbott, Jack (Ipswich) (Lab/Co-op)
† Atkinson, Lewis (Sunderland Central) (Lab)
† Campbell, Juliet (Broxtowe) (Lab)
† Charalambous, Bambos (Southgate and Wood Green) (Lab)
† Francis, Daniel (Bexleyheath and Crayford) (Lab)
† Gordon, Tom (Harrogate and Knaresborough) (LD)
† Green, Sarah (Chesham and Amersham) (LD)
† Hopkins, Rachel (Luton South and South Bedfordshire) (Lab)
† Joseph, Sojan (Ashford) (Lab)
† Kinnock, Stephen (Minister for Care)
† Kruger, Danny (East Wiltshire) (Con)
† Leadbeater, Kim (Spen Valley) (Lab)
† Malthouse, Kit (North West Hampshire) (Con)
† Olney, Sarah (Richmond Park) (LD)
† Opher, Dr Simon (Stroud) (Lab)
Paul, Rebecca (Reigate) (Con)
Richards, Jake (Rother Valley) (Lab)
† Sackman, Sarah (Minister of State, Ministry of Justice)
† Saville Roberts, Liz (Dwyfor Meirionnydd) (PC)
† Shah, Naz (Bradford West) (Lab)
† Shastri-Hurst, Dr Neil (Solihull West and Shirley) (Con)
† Tidball, Dr Marie (Penistone and Stocksbridge) (Lab)
† Woodcock, Sean (Banbury) (Lab)
Lynn Gardner, Lucinda Maer, Jonathan Whiffing, Committee Clerks
† attended the Committee
Witnesses
Dr Amanda Ward, independent academic and legal adviser on assisted dying internationally
Professor Gareth Owen, professor of psychological medicine, ethics and law, honorary consultant psychiatrist, South London and Maudsley NHS Foundation Trust
Professor Laura Hoyano, professor of law and senior research fellow, Wadham College, Oxford University
Professor Nancy Preston, associate dean for research and co-director of the International Observatory on End of Life Care, Lancaster University
Dr Naomi Richards, director of End of Life Studies Group, University of Glasgow
Claire Williams, head of pharmacovigilance and regulatory services, NorthWest EHealth; DipHE adult nursing; MSc pharmacovigilance; and chair, Greater Manchester Central Research Ethics Committee
Liz Reed
Pat Malone
Julie Thienpont
Dan Scorer, head of policy, information and advice, Mencap
Professor Emyr Lewis, emeritus professor, Aberystwyth University
Dr Michael Mulholland, honorary secretary, Royal College of General Practitioners
Dr Annabel Price, member of the faculty of liaison psychiatry at the Royal College of Psychiatrists; past chair and past vice chair, Royal College of Psychiatrists
Public Bill Committee
Thursday 30 January 2025
(Afternoon)
[Carolyn Harris in the Chair]
Terminally Ill Adults (End of Life) Bill
Examination of Witnesses
Dr Ward, Professor Owen and Professor Hoyano gave evidence.
We will now hear oral evidence from three witnesses: Dr Amanda Ward, who holds a master’s and a PhD and is the legal adviser to the Scottish Parliament on proposed legislation changes; Professor Gareth Owen, who is a professor of psychological medicine, ethics and law and an honorary consultant psychiatrist at South London and Maudsley NHS foundation trust; and Professor Laura Hoyano, emeritus professor of law at Wadham College, University of Oxford. Before I call the first Member to ask a question, I remind all Members that questions should be limited to matters within the scope of the Bill. May I ask the panel to introduce themselves?
Dr Ward: I am Dr Amanda Ward. You have already introduced me, but I have been involved with law reform in this space for 13 years. I am also a member of the Law Society of Scotland’s health and medical law committee. I moved to Queensland 18 months ago and took up a research fellowship at the Queensland University of Technology. I am representing myself in an independent capacity today.
Professor Hoyano: Good morning. I am Laura Hoyano; I am a professor of law at the University of Oxford, where I have taught medical law and ethics for many years, as well as human rights. I was a barrister in Canada for a decade, where I practised medical law and human rights law among other things; I am currently a practising barrister at the Bar of England and Wales.
Professor Owen: Hello. I am Gareth Owen; I am professor of psychological medicine, ethics and law at King’s College London and am part of the complex life and death decisions group there. I am a consultant psychiatrist at King’s College London, a general medical hospital at which I am a liaison psychiatrist working with adults over the age of 65.
We must stick to the timing of the sittings resolution, as decided by the Committee. We have a long list of people who want to ask questions, so it will be one question with one answer; if Members could indicate who they would like to answer, that would be helpful.
Before we proceed, Dr Tidball has a declaration of interest to make.
I just want to make sure that it is on the record that I have been taught by Professor Hoyano; indeed, well before I was elected, she was a colleague at work.
Thank you.
Q
Professor Owen: I am somewhat reminded of the old adage that for every complex problem there is a simple solution that is false. We are dealing with complexity here—I think we have to accept that—but complex law or poor law will not provide good safeguards. If you step back and think about what the Bill is really about, at its simplest, it is about the decisional right to end one’s own life in terminal illness.
Associated with that is the concept of mental capacity. I have had over 20 years of research interest in mental capacity. When I look at the issues relating to mental capacity with the Bill, they are complex, but the other important point to understand is that they are very novel. We are in uncharted territory with respect to mental capacity, which is very much at the hub of the Bill.
Q
Professor Owen: It is a bit more fundamental than that, actually. If you look at how mental capacity features in the Bill, the test or the concept that clause 1 rightly invites us to consider—rightly, I think—is the capacity to decide to end one’s own life. The Mental Capacity Act comes in at clause 3.
I have looked at mental capacity a lot in research, and there is no experience of the decision to end one’s own life. It is outside the experience of the Mental Capacity Act, the Court of Protection, the associated research and practitioners on the ground. The reference to the Mental Capacity Act in clause 3 puts you into an area where there is no experience of the central capacity question under consideration. It is very important that Parliament be clear-eyed about that. I can talk about the Mental Capacity Act in detail if you like, but that is the main point that I want to make.
The Chair may cut you off, but I am happy for you to continue if she allows it.
It is one question, one answer. I call Danny Kruger.
Q
Professor Hoyano: I always have a problem when tort liability is ruled out by legislation. I think that the accountability of medical professionals, and indeed all medical practitioners in private practice, lies at the heart of how our national health service works, so I have a difficulty with that. I would have to ask Ms Leadbeater whether this is correct, but perhaps the intention was to ensure that members of the family who, for example, were against assisted dying in principle, would not be able to bring an action that could be vexatious against a doctor who had complied with the legislation and should therefore not be troubled with that type of litigation. It might be that that provision could be refined.
Q
Professor Hoyano: It is interesting that a number of Members of Parliament who are practising physicians pointed out in the debate that they have to evaluate freedom of decision making and absence of coercion in many different medical contexts. I point particularly to the withdrawal of medical treatment at the request of the patient, even if that will inevitably lead to death. It is considered to be a fundamental human right that lies at the heart of medical law that a patient has personal autonomy to decide what to do with their body and whether or not to accept medical treatment, provided that they have the capacity to do so and are acting without coercion from external sources. Doctors have to make those assessments all the time.
I suggest that it is perhaps a convenient fallacy to say that pulling the plug on a respirator or stopping artificial nutrition and hydration is a negative act, whereas giving a patient a syringe to end their own life is a positive act. I realise that with the Tony Bland case it was convenient to say that, but there is no doubt that most people on the street would say that pulling the plug on a respirator is a positive act, and yet doctors and nurses are required to do that every day in the NHS, because that is the patient’s autonomy. If there is any question about either coercion or capacity, the Court of Protection steps in and has the jurisdiction to make those decisions.
The Court of Protection should, I believe, be the court that is supervising this, not the High Court. Three levels of judges sit in the Court of Protection; I suggest that a High Court judge be specified, which would mean a statutory amendment to extend the jurisdiction of the Court of Protection. The Court of Protection makes decisions every day on whether a patient has the mental capacity to make decisions about their own medical treatment. It is accustomed to doing that, and one aspect of that analysis is whether the patient is being coerced externally.
Generally speaking, when a patient says, “I don’t want to be on a respirator any longer; I know I’m going to die,” we do not ask questions. As I understand it, it is not part of the protocol to say, “Are you doing this because you are worried about being a burden on the NHS?”, because their personal autonomy is the overriding principle governing medical decision making in relation to the patient. I hope that that answers your question.
Q
“are not confident that consent can act as an adequate safeguard”.
On mental capacity, it says:
“These decisions are opinions with a margin of error and are time specific. A person’s capacity can change”.
What is your view?
Professor Owen: That is important evidence, because it comes from a body of practitioners who are very used to doing mental capacity assessments. I think that the vast majority of that sample were consultant psychiatrists, so the pool, as it were, was one of considerable experience. That conveys questionable confidence in the consent processes, of which mental capacity is part, in relation to the decision to end one’s life. It is significant evidence about the confidence that is out there among experienced practitioners.
It is true that psychiatrists—liaison psychiatrists particularly; I have had experience with this myself, clinically and in relation to Court of Protection matters—will be involved with assessing capacity to make decisions to refuse life-sustaining treatment. Those decisions can be quite vexed and can go to the court, and the court can struggle with them.
An important question for the Committee is the distinction—or the similarity and difference, but I think that there are key differences—between the decision to refuse a treatment that is life-sustaining, of which the Court of Protection does have experience, and the decision to decide to end one’s own life. They are conceptually different decisions. I can outline some of the similarities and the differences now, but it might be helpful to take submissions specifically on that question, because it is very important and I think that there is some confusion about it. If you would find it helpful, the complex life and death decisions group could write a statement to elaborate on some of the issues. In summary, I think that that evidence from the Royal College of Psychiatrists is significant, in terms of the confidence.
Q
Dr Ward: I was the adviser on the previous Bill in Scotland as well, under Margo MacDonald MSP and Patrick Harvie MSP. That was in session 4 of our Parliament; we then did not have a Bill in session 5, which is when we set up things like the cross-party working group on end-of-life choices and I did the PhD. Luckily, we saw a domino effect internationally in session 5; there were various jurisdictions legislating for it. When we came to draft this legislation in 2021, in session 6 of the Parliament, we had decades of data that we had not had when Margo made her first attempt back in 2010.
With the Assisted Dying for Terminally Ill Adults (Scotland) Bill, we have been working with international experts since 2021, and we have had various consultation processes. It is currently with the Health Committee of the Scottish Parliament. We set up a medical advisory group, chaired by Dr Sandesh Gulhane MSP: a group of almost a dozen practitioners in palliative care, mental health experts, geriatricians and other interested stakeholders. It produced a report for us on the medicinal aspects of the Bill.
That has been a four-year process. I understand that concerns have been voiced in this Committee that things have proceeded at pace, but I would argue that you are not pioneers. There is 20 or 30 years’ worth of data, which we have drawn on in Scotland, and there is four years’ worth of work in Scotland that this Committee and this Parliament could look to.
I would also make the point that the data is peer-reviewed and evidence-based. You really have to trust your international colleagues. The data is from Government bodies, from Health Departments, from independent academic peer-reviewed work and from independent review boards. We are now looking at fact rather than at falsehoods or concerns, as we were back in 2010.
Q
Professor Owen: I think the answer to that is “Probably not,” given the current workforce. Another relevant point is that even if you were to insert into the Bill a very clear requirement for a consultant psychiatrist to be involved if there were concerns about mental health, what would happen in practice would be very different. You can see this in Oregon, whose law has a requirement for, essentially, a psychiatric referral in the case of mental health concern. Those referrals basically occur in less than 5% of cases; I think it is similar in California. Even if you put it in law, there is the question whether it will happen in practice. On the data, it does not. I think that that is a relevant consideration.
Q
Professor Hoyano: I have to say that I have real concerns, as a practising barrister, about how the provisions as currently drafted could work in terms of judicial oversight. There are a number of unusual functions, if I can express it that way, being attributed to the court. I need first of all to stress that the High Court’s family division, and the Court of Protection, regularly engage with life and death matters, but they are doing so in the context of an adversarial and not an inquisitorial system. However, since the 19th century we have had the invaluable institution of the Official Solicitor, who has investigatory powers or functions and who serves in court as an amicus curiae—a friend of the court—to assist the court in understanding where the issues lie and in calling witnesses. I do not think that it is feasible at all, in our current system, to have the court call witnesses or question them directly until they have been examined and cross-examined, if appropriate; the court can then put in questions and ask for clarification, as would happen normally now.
If we are to have a judicial oversight function as opposed to a panel of experts—to be honest, I think we already have the panel of experts: the doctors who are already involved in the different stages leading up to the final stage—the easiest approach would be for the investigatory function to be assigned to the office of the Official Solicitor, preferably with an individual who has expertise in this field and will be able to get experience by dealing with these cases. I point out that Lord Justice Munby himself—Sir James Munby, as he now is—represented the Official Solicitor in the seminal case on termination of life support, the Tony Bland case. We have a lot of experience in that area, in dealing with end-of-life decision making with the Official Solicitor, but I think that that role needs to be built into the legislation with very specific tasks set out, including an investigatory function.
The other current difficulty is that it is not clear at all what the procedure would be. With great respect to the drafters of the Bill, I have never before seen such a delegation of the most essential procedural structures entirely to rules of court in terms of practice directions or rules of practice; we do not do it in the family division and we do not do it in the Court of Protection. Exactly what has to happen needs to be set out.
It strikes me that the intention may be for the court to, in effect, certify that all the procedures have been correctly followed at the preliminary stages. What is not entirely clear is whether the court itself is required to investigate whether the criteria are satisfied. It reads like that, but I am not sure whether it is supposed to be a review function or a primary decision-making function.
This becomes even more difficult because of the way in which the Court of Appeal’s functions are ascribed. The Court of Appeal does not have power to summon witnesses; the Court of Appeal does not have power to question witnesses. In the criminal division, which is where I am primarily practising now, the court can hear expert evidence de bene esse in order to determine whether it should send a case back for a retrial on the basis of newly discovered evidence that was not originally available, but that evidence will be called by the defence. The defence will be putting the evidence in, the Crown will cross-examine and the court will ask any additional questions it wants to, but to have an original jurisdiction —in effect, what we call a trial de novo: a trial all over again—in the Court of Appeal is wholly inappropriate to an appellate jurisdiction. That needs to be completely rethought.
There is also a difficulty in that the right to appeal is very lopsided: only a patient can appeal a denial, not anyone else. If anyone has concerns about the probity and thoroughness of the preliminary stages, or thinks that the High Court judge sitting in the Court of Protection has made an error of law or has failed to follow the procedures, that needs to be reviewed by the Court of Appeal. We need an even-handed approach.
I can understand the motivation of not wanting busybody people, as happened in one case in Canada in which a wife had a religious objection to assisted dying, and yet there was no doubt that the husband had satisfied all the criteria. She went all the way to the Nova Scotia Court of Appeal because of her religious objections; it turned out that religion was a source of great dissension in the marriage anyway, but her church was egging her on. I know that you do not want that kind of situation, but I believe that this legislation has to be completely even-handed for it to work and for the system to acquire public respect.
Q
Dr Ward: Which clause are we looking at?
Now you’re asking. Let me check.
Dr Ward: In the interests of time, let me say that I moved to Queensland a year and a half ago, as I mentioned at the beginning, and took up an academic fellowship at the Australian Centre for Health Law Research. That university was tasked by the Government states of Victoria, Western Australia and Queensland with developing the training for assisted dying implementation there. The modules in that training very specifically go through coercion, how you detect coercion, how you discuss it with patients and cultural considerations around it. They cover everything from capacity to the administration of drugs. They are very robust training modules that healthcare practitioners must satisfy at a pass rate of 90%. We rely heavily on the training to make sure that coercion protection is in place.
It was clause 26, sorry.
Professor Hoyano: Under the Canadian system, the provinces each have a college of physicians and surgeons. However, what has happened is that everyone has worked collaboratively across all 12 jurisdictions, plus the federal Government. We now have the Canadian MAiD—medical assistance in dying—curriculum, which was developed by the Canadian Association of MAiD Assessors and Providers in consultation with experts from across the country. It is providing a comprehensive, bilingual, nationally accredited training programme that is evidence-based and is based on the learning that has happened in Canada since the legislation was first enacted.
There is also a model practice standard for MAiD and a companion document, “Advice to the Profession”, which all the medical colleges have signed up to. It helps practitioners to align their practice with the official guidance and assists health professional regulatory authorities to ensure that the public is protected. Coercion lies at the heart of these documents.
The regulations for the monitoring of medical assistance in dying require—and this is something else that I suggest be changed—that in Canada there has to be an annual report from the federal Government, which is very granular in detail, from right across the country. It happens at least once a year; there was one year in which we had two reports going into all the details. On coercion, we know that in 2023, when they examined the reasons for ineligibility, there were 41 cases across the country in which the physicians determined that the person had not made a voluntary request without external pressure, and it was therefore declined. We need to know is what is happening out there, and I do not think that a report every five years is going to help. We need to enlist all the medical professions involved in signing up to very detailed codes of practice, but we also need the training that Amanda has referred to as essential.
The last point that I would make is that McGill University is launching a national palliative care hub that is available to any practitioner in the country and from which they can receive guidance and support with helping and advising patients who are receiving palliative care. One of the options is, if the patient desires it, how to deal with these requests.
Dr Ward: Now that I have had a look at clause 26, may I answer the Member’s question? I think it is a very well drafted provision, and it is very similar to what we have in Scotland. In particular, I know we are concerned about people being coerced into assisted dying, but internationally it is actually the converse. Some jurisdictions are considering putting provisions in their Bill because family members are trying to put undue pressure on others not to make an assisted dying decision.
On my understanding of the reporting in Kim’s Bill, it is just not a five-year review: the Registrar General, the chief medical officer and the Secretary of State are involved. Again, I commend the Member in charge for the reporting procedures being very robust in the Bill.
Q
I notice that you have also spoken a lot about misinformation; how do we tackle that? How do we make sure we are dealing with facts rather than speculation? In particular, how do we provide reassurance to marginalised communities and people with disabilities, who are understandably nervous about this change in the law? When it comes to safeguards and protections, what does best practice look like?
Dr Ward: To take your last point first, we must involve them in the process and have an open dialogue with them. That means not just in the consultation process, when you are considering passing legislation, but when you have your implementation taskforce, on which you must make sure you have representation from across all the stakeholders involved, including people with disabilities and people with terminal illnesses.
I would point to the fact that best practice is about balancing the autonomy, dignity and compassion that the Bill aims to achieve by giving people the option of assisted dying, while also protecting vulnerable people who feel that there are worries and concerns. However, having worked in this area for 13 years and seen people who would really benefit from having this option, and living now in a jurisdiction that has it, I would point out that some of the most vulnerable people I have seen are the terminally ill who want and need this choice. It is about taking a holistic and evidenced-based approach.
You as a Committee will hear from the great and the good across the board, and I am pleased that the Committee is taking account of lived experience, because that is very important to inform the decision-making process. It is about making sure that we are going to the source of evidence and using peer-reviewed data and Government data. Again, as I said earlier, you really need to trust your international colleagues who have gone before you on this. We need to consider what the Bill does versus inaccurate perceptions of or speculations on what it might do. The task here is to consider what is in front of you, not what might happen down the road.
Q
Dr Ward: Look: assisted dying is the same as any other healthcare choice. It is always going to be limited. We are not going to reach everyone that we absolutely would want to. There are people who want to have this option and this choice who will not qualify under a terminal illness definition, but we have to draw the line somewhere. We looked at international evidence from Commonwealth countries that are very closely linked to Scotland and the UK. We drew the line with the definition that the person has an advanced progressive illness from which they are unable to recover and that will cause their premature death. For us, that demands the support of Members of Parliament in Scotland and the support of the public.
I really stress the fact that each jurisdiction has to legislate according to its own constitutional, societal, legal and cultural considerations, which is what we have done in Scotland. That is the definition that is working for us now. Previously, there were more liberal attempts that did not gain the support of the House. We believe that we have arrived at a situation that is very similar to the definition of terminal illness here in Westminster, and that is both safe and compassionate but also draws the line so that people who should not be able to access this do not.
Q
Professor Owen: This is an essential question. I work clinically in the over-65 age group, where there is a lot of terminal illness, some of it in the last six months. You have to understand the population. The population is typically over 65 and frail. There can be a terminal illness, very typically with comorbidity. That comorbidity is often mental health comorbidity. Depression is at rates of 20% or thereabouts. Delirium and cognitive impairment is very common and often not picked up. There is patchy safeguarding, patchy access to social care and, as I know you have been hearing, patchy access to palliative care.
That is the ordinary person in the NHS. I know people who select into assisted dying are not necessarily that mean person, so to speak, but that is just a picture of what it looks like for me when I go to work. That is where one starts. Now think about burden. Well, this is a group that do feel very burdened. You might think some of that is excessive; some of it maybe is natural, given the life stage. So it is a mixed picture.
When it comes to pressure and coercion, I know you have been grappling with this a lot as a Committee, and I know there have been some amendments that address this. We have talked about clause 26 particularly in relation to this. Of course, when it comes back to the training question, you can take evidence on the state of safeguarding and how people are really able to assess coercive control, domestic violence and so on.
I would like to draw attention to something else that I am not sure has come so much to the attention of the Committee, which is not the offences or the criminal side of this; it is the common or garden capacity assessment side of it. This relates really to clause 1. It is the issue of how you deal with interpersonal pressures on somebody in a situation where there may be a mental health problem and there may not even be a diagnosis. You might be talking about a kind of cognitive impairment that has not reached the threshold for a diagnosis of dementia; you might be talking about a kind of mood problem or an anxiety problem that is sub-clinical; or you might be talking about a level of intelligence that is not clinically a learning disability. But it is there and it is interacting with a form of pressure within a family, let us say, which is often not malign in its intentions, but it exists. It is a very overvalued relationship, for example, with a strong sense of loyalty to somebody, or an enmeshment, for example.
What you have are situations where there is an impairment and also an interpersonal pressure. They interact and they amplify each other. That can have an important consequence in terms of the functional ability of mental capacity. Outside of the assisted dying context, when you look at that in the Court of Protection, which has been struggling with quite a lot of cases like this, that phenomenon of interaction that I am talking about between interpersonal pressure and impairment is recognised. It struggles with it. I have been involved in some research to try to structure the understanding of it, but it is not at the point where it is a kind of training manual that you can lift down from the shelf and roll out across the workforce. It is much more in a kind of research and development phase.
So it is important to draw attention to pressure not necessarily as malign in its intention, but which nevertheless operates in these situations and can have a subtle impact on the functional test of decision-making capacity. To bring us back to what the decision-making capacity is that we are talking about, it is the decision to end one’s own life.
Q
Dr Ward: I heard the session yesterday and would agree with the comments that were made there, particularly around proportionality. Article 2 is an absolute right —the right to life—whereas article 8 is a qualified right. Again, it is about that balancing act. The courts have been very clear that we need to protect vulnerable people, and I feel strongly that the Bill straddles that very well by giving choice but in a very limited set of circumstances.
On the Equality Act, there have been some claims made—this happened in Scotland—that the definition of disability in the Equality Act would cover people who are terminally ill. That that is not my reading of it, and that position is widely shared by the people advising us in Scotland on the legal capacity. That is all I have to say.
Professor Hoyano: I would only point out to the Committee that the common law entrenched the human rights of the patient a long time before the Human Rights Act 1998. We must remember that we do not just have to look at the European convention and Strasbourg. The common law has been very active in entrenching fundamental principles of the rights of the patient, particularly their autonomy in decision making regarding their own body, since long before the HRA.
Time allows us to ask more questions. Three people have indicated that they wish to come in. I will start with Danny Kruger.
Q
Professor Hoyano said that the person in the street would not see the difference between a patient requesting to die by the withdrawal of treatment versus the active administration of fatal drugs, whereas I think you said, Professor Owen, that you did see a profound difference between that decision on the part of the patient and also, presumably, the act on the part of the medical professional, in the case of either the withdrawal of treatment or the administration of fatal medication. You said that you would be happy to draw that out; could you do so?
Professor Owen: Yes. I am happy to try now, but also to do it further with some written submissions if that would be helpful, because it is such an important point. First, for the man on the street, or the person on the bus, one thing to remember—this comes out in the public opinion polling—is that when you ask about assisted dying, some people think that that is access to palliative care. There is a degree of misconceptions that are out there in the public that are important to bear in mind.
On the distinction between the decision around the refusal of life-sustaining treatment and the decision regarding assisted dying, what are the similarities? Well, they are both about life and death. What are the differences? One is a refusal; one is a request. One is traditionally considered to be about bodily integrity—it is the so-called shield of the person, or the patient, against the intervention on the body that is being made by the medical profession. You are giving the patient an important right, which is a shield-like right. That contrasts with a request for assisted dying, which is a request. You are involving other people in an act that is an act of ending one’s life. That is not something that the medical profession has been comfortable with, going back thousands of years.
So you can discern a number of differences. Could you reduce those differences to one thing and one thing only, and be particularly precise about it? Probably not. I think you are talking about differences that cluster and group, and which we overall accept as a difference of kind.
The other issue here that is important is intention. When you are assessing somebody’s decision to refuse a life-sustaining treatment, the doctor there does not have the intention to end a person’s life. That would be a concerning intention were it there—and sometimes it is looked for, actually, if it is disputed. But of course, when a doctor is involved with a process where somebody is seeking assistance in the ending of their life, it is quite difficult to say that the doctor does not have an intention to end life.
One could go on with a discussion of the differences, but the similarity is that we are talking about life and death.
Q
Let me come back to the content of the Bill, and to some of your points, Professor Owen. In terms of capacity and coercion, I think we are absolutely having these really important conversations. What concerns me a little bit, though, is whether we are saying we are not confident that two doctors, potentially a psychiatrist and an oncologist, and a judge can make assessments of capacity and coercion between them. What does that mean for things that are happening at the moment? We have talked about the withdrawal of end of life treatment and those things; those assessments must be being done now, all the time, but at the moment there is no legal framework around that. Surely, putting a legal framework around that and having all those multidisciplinary people involved has got to be a positive thing. Professor Hoyano, I would appreciate your thoughts on that.
Professor Hoyano: As I say, whereas I completely respect Professor Owen’s expertise in this as a psychiatrist, for me as a lawyer the question of capacity is a yes or no, necessarily. But capacity is always determined by the Court of Protection in respect of the decision that must be made by the person concerned: do they have the capacity to do it?
When we are talking about a determination of capacity, and also about coercion—which of course is part of capacity in a sense, because capacity is the autonomy of decision making—you are going to be having a very focused inquiry. It is not an inquiry into whether a person has capacity to manage their financial affairs. I probably do not have that capacity, but on something like this I would have capacity. It is important to recognise that it is a yes or no question, which the law has to draw and does draw, depending on the expertise of psychiatrists like Professor Owen, but also forming its own judgment from its own experience, which is why I think the Court of Protection really is the place where this should be.
There is one aspect of the Bill that worries me a lot, and that is the number of people who will be excluded by the provision that the medication must be self-administered. This would mean that Tony Nicklinson, who went all the way to the House of Lords to try to get the right to die, could not have it under this Bill, because he was paralysed. He was a tetraplegic, basically—he was paralysed from the neck down, with limited movement of his head, from a stroke. He lived for seven years with that condition and he would not have been able to self-administer. In fact, when he was denied by the House of Lords—anyone who has seen the Channel 4 programme will have watched him wail in despair—he refused all nutrition and hydration from that point until he died. That was the death he did not want, and I think we need to recognise that there are problems like that. In 2023 in Canada, across the entire country, only five patients opted to self-administer the medication—only five. Even when patients were capable of doing it, they wanted the doctor to do it instead, so let us remember that as well, please.
Dr Ward: Can I make a quick point about self-administration? This is something that in Scotland we looked into in great detail. In Scotland, we chose self-administration specifically because it does not just include ingestion or swallowing. There is a range of ways in which you can self-administer the medication, and I am happy to provide that information to the Committee if that would be helpful.
Q
Professor Owen: Good question. On the point about that interaction issue, it is not just me picking it up; it is the courts and the Court of Protection particularly. If you are interested, it is footnote (11) in the written submission from the Complex Life and Death Decisions group. The point that you make is well taken from my point of view. You have two doctors, essentially, doing the assessment. Some doctors can be very good at assessing social circumstances; some are not so good. I think it would be preferable to try to get a law that gets sight of social circumstances; one way of doing that may be to insert a requirement that a suitably experienced social worker is involved, so that there is some sensitivity to those contextual, relational, interpersonal effects, which, as I know you are aware, can be very subtle. A lot of these things are extremely difficult to pick up. They are easy to miss and, even when you are aware of them, there can be dilemmas about what to do with them.
Professor Hoyano: Might I add a postscript to that? A model that we could consider in this context is CAFCASS—the Children and Family Court Advisory and Support Service—in the family courts. It is a body of experts—civil servants, in effect—but they are independent and they are accustomed to dealing with specific context with social workers, for example. They investigate what should happen to a child in public law or private law proceedings. It occurs to me that something like that—a report from an equivalent body to the solicitor’s office, which I mentioned before—could be a very good way of building that in, because I completely agree that social workers are likely to be more professionally attuned, by virtue of their training and experience, to looking at the wider context.
We have two more minutes for questions and answers.
Q
Dr Ward: That picks up on the previous question, which my learned colleagues answered. Good legislation sets a baseline and a legal framework. You can take a kitchen sink approach to legislation, and you will end up with something that is completely unworkable in practice. There is an awful lot that guidance needs to pick up and should pick up. I understand that only certain things are appropriate for secondary legislation, but you should not try to legislate for every eventuality in a Bill.
On my reading of the Bill, there is nothing that prevents a multidisciplinary team from being involved with this. The Bill sets the baseline: there must be a minimum of two doctors. What happens in practice—and this should be picked up in guidance and secondary legislation—should be developed in conjunction with professional bodies: clinicians, allied health and social work. They are the appropriate people to develop that guidance, not legislators. I would say, “Be cautious about how much you put on the face of the Bill, because you might end up with something that is unworkable.”
I call Naz Shah to ask the final question.
Q
Professor Owen: There are a lot of gaps. Take that point as I intend it—I do not say it as a downer on this project; I say it because it is true. There are just a lot of gaps. We are going into uncharted territory, so you might think it would be good to have more of a map before we start. This is one area where there are evidentiary gaps. It is not clear how those sorts of interactions should be assessed, what sorts of threshold should be set or what kind of training should be available. There has been a lot of talk about training; training is all very well and good, but you need to know what the point and purpose of the training is. The training has to be valid before you can roll it out. There are lots of gaps here.
That relates to the question of mental capacity assessment. It is often said, “Why are we worried about mental capacity? We have so much experience of doing it in health and social care contexts; we have the Mental Capacity Act, the Court of Protection and all this experience.” We do, and that extremely important work has been done since the parliamentary discussions you had about the Mental Capacity Act all those years ago. In some areas, it is being done reasonably well: in relation to treatment and care residents’ decisions, one can talk about a body of professionals who understand the concepts, can do the assessments and can achieve, at least when trained, good levels of agreement, so you can get the system to work.
But in areas of decision making where the decision itself is unsettled or conceptually much more profound or novel—I would suggest that the decision to end one’s own life has those characteristics—you cannot expect there to be such levels of reliability. That can be shown empirically in other areas where the decision making is unsettled. The question of how well capacity assessment works is actually matter-specific. That should not surprise us, because the whole concept of mental capacity is that it is matter-specific. That is the whole functional idea of mental capacity. The matter here is of the decision making to end one’s own life.
That brings us to the end of the allocated time for the Committee to ask questions. I thank the witnesses on behalf of the Committee for their evidence.
Examination of Witnesses
Professor Preston, Dr Richards and Claire Williams gave evidence.
Q
Professor Preston: Hello. I am Nancy Preston, professor of supportive and palliative care and co-director of the international observatory on end-of-life care at Lancaster University. I am the co-lead for the European Association for Palliative Care taskforce, where we try to prepare guidelines for clinicians in countries where there is permissive legislation on assisted dying to help people whether they are involved or not involved.
Dr Richards: Hello. I am Dr Naomi Richards. I am a senior lecturer at the University of Glasgow, and director of the end-of-life studies group there, which is a research and teaching group.
Claire Williams: Hello. I am Claire Williams and I am chair of the Greater Manchester research ethics committee. My background is one of nursing, but my focus for many years has been on ethical decision making in clinical research. That work inspired the proposal that I submitted. As you are aware, the proposal outlines a committee-based model for decision making in assisted dying cases, offering an alternative framework to that which places sole responsibility on a High Court judge. I believe that approach is far too narrow for such a complex and sensitive matter, and it is simply too much to expect one person to carry that burden alone. The proposal really shifts responsibility from that one individual judge to a panel of professionals, ensuring that decisions are made collectively with robust safeguards in place.
I ask colleagues to ask one question, indicating who you wish to answer. If there is time at the end, I will open the floor for further questions.
Q
Claire Williams: I am not familiar per se with the types of drugs that will be used for assisted dying cases. In terms of my experience in research ethics, we make life and death decisions on a daily basis and decide whether we would offer patients the opportunity to take very experimental drugs. That is particularly difficult when dealing with terminally ill patients. What is so beneficial with using a committee-based model is that those decisions can be made collectively—decisions that are very similar and have real parallels in terms of ensuring that patients have fully consented, that they have capacity and that there is no coercion involved in recruiting them to clinical trial. That is how I see those parallels and how I feel assisted dying cases should be considered.
Q
Professor Preston: The decision to go into palliative care is often made more by a clinical team, recommending that there be changes in the goals of care and what we are to aiming do. There are two big European studies looking at that at the moment, in chronic obstructive pulmonary disease and cancer. It is about trying to get triggers so that those changes in care can happen, because people cannot make decisions unless they are informed and they are aware.
Equally, when it comes to assisted dying, we have done interviews with bereaved families and healthcare workers in the United States, the Netherlands and Switzerland, and also with British families who access assisted dying through Dignitas. We hear from the family members that it is something they have really thought about for a long time. It might come to a crunch point where they know they are potentially going to lose capacity, they are potentially going to lose the abilities that are important to them—although for someone else, losing them may not be an issue.
That is when people start to seek help. They usually first seek help from one or two family members. There is often secrecy around that, because you do not want everyone talking about it. It is quite exhausting to talk about. It is a decision you have made. Then they seek help from healthcare professionals, and that is where they get a varied response depending on who they access. It is a bit of a lottery, because it only a minority of doctors will be willing to do this. That is where the challenge comes in.
Q
Professor Preston: The submission was with my colleague, Professor Suzanne Ost, who is a professor of law, and that very much came from Suzanne.
I think the aim is to have that bit of extra concern, so that we do not presume capacity, but instead almost presume that there is not capacity. It would be a bit like if you go to A&E with a child and they have a fracture. The presumption there is to ask, “How did this happen?” and “Do we need to rule anything out?”, rather than just assuming “Well, they have just fallen over” and that things are exactly as said. There is an element of that, where we are not presuming capacity, but are actually going into it and switching it around within the training to ask, “Do they have capacity?”. I think that would be a change within the Mental Capacity Act.
Q
Dr Richards: There are two things that I would like to say about this. The first is that it is individually specific, which probably will not come as a shock to you. The evidence shows that the people who request assisted dying are people who have a particular preference for control in their life, and they have had this preference across their life, so it is part of their identity. In that sense, it is a personal preference as opposed to a deficit in palliative care, which is what we hear a lot about.
The second thing is that, with regards to autonomy, proponents of assisted dying are very keen to emphasise that this is an autonomous decision, which it is, and would have to be by virtue of the law. However, that does not mean that families, loved ones and close social relations are not really embedded in that decision making. It is important to think of autonomy as relational rather than as an isolated making a decision not in relation to others. It is also important to think about the impacts on the family when you are thinking about the guidelines that would go along with any legislation.
Q
What we do know is that there is a combination. In two thirds of deaths in Belgium, I think, and in the United States, where I have visited, the first drug that is used is an anaesthetic, and then there is a paralysing agent. A paralytic drug is introduced, which often gives the impression that the patient is having a peaceful death, but we do not actually know what is going on beneath the surface. I am afraid to say that, from studies into people who have been on death row who have been legally executed, there is often evidence of brain trauma. Can you speak to this at all? We know that in a minority of cases real complications occur—it often takes a very long time for the patient to die, and there is vomiting and all sorts of distress. How can we improve what we know about the actual process of dying, and how can we reduce these terrible complications?
Claire Williams: I can only apologise, because I am here to give evidence about a model for collective decision making rather than about my experience with regard to these drugs. As you say, the potential side effects and prolonged deaths are something we will need to consider for these cases. We need to take evidence from other countries that have had this experiences. Apologies, but I cannot comment on this particular aspect.
Q
Dr Richards: Assisted dying is quite categorically different from the end-of-life scenarios you are talking about there, so you would expect a very different set of safeguards. It is a misunderstanding to think that assisted dying is of a piece with other life-ending decisions. It is really something quite different and requires a different framework.
Q
Dr Richards: Quantifying dignity or respect—
Or real-life examples?
Dr Richards: So the question is: what is the evidence on trying to find out about this interactional space where you are asking about people’s motivations? Is that right?
Q
Dr Richards: By holistic processes, I assume you mean the multidisciplinary team conversations that we talked about in the previous session.
Yes.
Dr Richards: Maybe Nancy knows the evidence on that. Talking about gaps in research, I am an anthropologist, so I am interested in the discourse and the conversations that are happening, and I think there is a lack of evidence about that. We have a lot of evidence where it is tick boxes, for example, about motivations and procedure being following. We have less qualitative, in-depth, interactional evidence about that kind of holistic decision making.
Professor Preston: We have done some research where we interviewed doctors and healthcare workers who have had those conversations. The majority decide against it, but they are still having those conversations. We also heard the experience of the bereaved family, and what it was like to have those conversations. On the whole, the conversation is predominantly about palliative care—“Can we do something different? How can we meet and assess your needs?”
In some cases, the doctors in palliative care, particularly in Switzerland, certainly would never suggest assisted dying, but if the patient asks for it, they equally do not advise them how to get an assisted death. In some cases they said they sort of consciously blocked the conversation, so that the person timed out and could not have it. The emphasis is perhaps the other way in places like the Netherlands and Belgium, where it has been around longer and is much more integrated into other services, such as care homes and palliative care, as part of a holistic assessment.
I remember visiting a team in the Netherlands, and when they got a new patient they said, “We assess them for their preferences about whether they want to die, about resuscitation, about advance care planning and about euthanasia.” My jaw dropped; I was British—this was illegal. They do it in such a natural way. They said, “We need to plan that for them, because we need to understand what is right for them.” They are not suggesting it—they are just trying to take it on board. I would say that the predominance of the conversation is about palliative care, but if the patient wants the assisted death, they either might assist—which is rare—or suggest how they go to a right-to-die association. But more likely they will still tell them how palliative care can help.
Q
“Consider whether there should be a stated exception to the usual presumption of capacity under the Mental Capacity Act 2005 in the Bill.”
What kind of standard do you think Parliament should consider adopting instead of the use of the Mental Capacity Act, and why do you think that?
Professor Preston: Again, this came from my colleague Suzanne Ost, who is a professor of law. As Naomi said, this is something very different from choosing to consent to an operation or even a research study. This is finite—it is a finite decision, so therefore the assessment should be a bit more. What I will say about mental capacity is that we had a PhD student who assessed mental capacity decisions by hospice care staff—particularly doctors, but also a lot of the nursing team who were making the decisions. She was a lawyer, and her conclusion was that it was incredibly well assessed. That was in terms of safeguarding—so, when people were going back to what we might consider unsafe homes—but that is what the person wanted, because their life was that unsafe home. I am talking about social deprivation and things like that. The people in this particular team were very good at assessing that and applying the Mental Capacity Act, according to her research.
Q
Claire Williams: I absolutely agree that a panel/committee approach would have better safeguarding for patients, because the decision is being made collectively with legal expertise and with other healthcare professionals—that might be palliative—or ethicists like myself. It is having that collective view, ensuring that everybody is happy and that that is exactly what the patient wants. I believe it should be a committee/panel-based approach for the final decision. As I said before, expecting a High Court judge—just one individual—to make that decision alone is hugely burdensome and not an approach that we should be taking.
Q
Professor Preston: There is a bigger and bigger conversation in a lot of these countries, including the Netherlands and Switzerland, that this is not about healthcare. I know that sounds a really strange thing, but it is about self-determination and a life choice. I remember someone saying to me, “Well, you wouldn’t check who I’m marrying.” They feel it is such a personal choice. I think patients do bring this up. They bring it up all the time now. Studies in Spain have shown that if a patient has a desire for hastened death, the best thing you should do is explore that desire. Why do they have that desire? How can we help you? Are there other needs we can meet? Most people will not want to then go ahead and have an assisted death. This is a minority of people. Could you remind me of the rest of your question?
If you have systems where assisted death is offered outside the healthcare setting, as in some of the countries around the world that you have mentioned, how does that limit people’s access to it? Do you think that has an impact?
Professor Preston: I think it almost enhances their access to it. At the moment, they get lost in the system. They are usually trying to find these two magical doctors—in a lot of countries, you still have to find those two doctors. Most doctors, even if they approve of the idea of assisted dying, do not want to be part of it. They might assess, but they might not prescribe. They might prescribe, but they would not administer. Trying to find those doctors to do it is really quite challenging. That is what we get back from the bereaved family interviews. How do you navigate a system where you cannot access the people you need to get to? People go doctor shopping—they are going to multiple doctors until they get the right answer.
If you keep it safer, outside of healthcare, people can talk to their doctor—they will mainly talk to their nurses, because they are the ones who do end-of-life care predominantly—and they can say, “Actually, that is not something we can do, but if you want to see, we have a stand with information about it. This is the service you can go through.” It is the same with the GP—things like that. I think it might actually make it easier for people to navigate. That is where I came to the idea of keeping it outside. It is a supportive way for patients and families because, on top of all this, they are dying. They are having a really difficult time and we are trying to get them to navigate services that are incredibly difficult when you are trying to find two doctors.
Just finally, on top of that, it is quite secret who does this. Doctors do not want to tell people. I have had people who do this—who might just assess and may not prescribe or administer—and they do not want people to know in palliative care because it does not go well for them. They are concerned that people will not like it. I do research in this area, and some people think that means that I am trying to push for assisted dying. I am not; I have a neutral stance. I will say things pro; I will say things against. But it is quite difficult for people involved. There is a bit of a taboo—there is a secrecy. It makes it even harder to say in the Bill, “Recommend another doctor.” It will be a challenge to find that person.
Dr Richards: May I add something? The evidence suggests that one of the implementation challenges with assisted dying is finding doctors willing to participate—consciously participate—in this practice. However, I think what you are asking there is about a more Swiss model of assisted dying. There is a reason that the Swiss model of assisted dying has stayed in Switzerland and gone nowhere else—it has not transferred or translated to other jurisdictions, because of its uniqueness and the practical challenges of disentangling it from a healthcare system.
It is important to recognise that, but we are also talking a little about disentangling assisted dying from palliative care. It is important to recognise that the majority of people who request assisted dying—who receive assisted dying—are within palliative care. They are already in that, as I am sure you have heard already. To disentangle assisted dying from the specialist communication around end of life would seem to be a self-inflicted problem of design, in my view, because it is safest being held there by the experts for those who want to get involved in it. It is safest being held in the healthcare system. As I say, there is a reason why the Swiss model is the only model where that happens outside a healthcare system. That is localised to Switzerland.
Q
Claire Williams: Again, those safeguards would need to be in place. There would be concerns if they were not actually giving the drug to the patient, and seeing the patient take the medication. Yes, robust safeguards would need to be in place.
May I ask a further question, Mrs Harris?
Could you make it a supplementary? I want to get Kim Leadbeater in, and then we can come back to it.
Certainly.
Q
Professor Preston: In covid, we did research in care homes, and there was real concern about “do not resuscitate” orders and emergency care plans that were blanketed across the care homes. Care home staff were traumatised by that, so there are real issues. We know that there are real issues day to day in how people are treated within the NHS. I think it is unconscious—I do not think people are intending it—but we know that people are treated differently and that different things are done. That is partly why we think a system outside that would protect them, because then you are not within the healthcare team that is treating you and giving you advice about such things, whereas if you are having to opt into a system where you have to do something more, they will not feel like it. That does not happen in the hospital. It is about trust.
One of the issues in Switzerland—I must just add, the same Swiss system is being adopted in Germany and Austria, which already has a panel—is that they are trying to protect these people by keeping it one step removed, so that people do not feel that they are trying to be persuaded to an assisted death. Most hospitals in Switzerland will not allow assisted dying to occur, because they do not want a lack of trust in their patient group. Instead, they will sometimes allow the right-to-die associations in to do this and there are just a few hospitals that allow their staff to do it. It is all about trust.
That is really helpful.
Dr Richards: I do not think there is any evidence that there is a loss of trust in doctors post legalisation—I just wanted to add that.
As I said in response to the earlier question, this is a categorically new thing that would be coming into society, which would cause cultural change in how we approach, think about and anticipate dying. It is a big deal—I know you all know that. Accompanying it, therefore, there needs to be really sensitive information delivery that is appropriate across society and that will alert people to this. In particular, if you are going to have a system where doctors are not allowed to raise it with patients, people need to know about it. That is one thing.
Reducing people’s fears is also important. I mean, there are so many misconceptions about assisted dying, even among people who have spent quite a lot of time reading about it and researching it. It is a very simple thing, but the discourse in society has been going on for so long that there is a lot of misunderstanding.
Q
Dr Richards: Misunderstandings of what it is? Fundamentally, that it is not based on the principle of autonomy and that it is something that can be done to you, without your consent. You would not want the general public to think that. At a very basic level, it is understanding that assisted dying—the very phenomenon that that term encapsulates—is a phenomenon that starts with the patient. It is a request made by the patient because of their subjective assessment of their quality of life as they are dying. At a very fundamental level, you would want to communicate that to the public. It is a huge piece of work to have to create an informational context that is variegated according to the starting position of people’s knowledge base around it, and to bring in something that does not scare the public and so they see it as something that can be positive.
In jurisdictions that have legalised, even post-legalisation there continue to be elements that resist it. However, you start to see positive stories of the kind of ceremonial aspects that can come when you can time death. There is a whole cultural piece around new rites—new rites around dying that are being created when people choose to have an assisted death, and the new dying time or space that is opened up there, as well as the intentional actions that can happen from people’s social groups. Post-legalisation, it is not just fear—I think you get a balance of stories coming through—but it is something that you need to attend to.
Q
Dr Richards: I think you probably know the answer is that it is not patient-centric. In Marie Curie’s “Better End of Life Report 2024”, which was a representational survey with bereaved relatives, a third of people did not think that their relative even knew that they were dying. We still have a long way to go in communicating to people that they are in a terminal phase, so that they can find whatever residual value is in that period of time for themselves and their family. So, no, definitely not, but that is what we are striving for. I am sure that that is what all healthcare professionals are striving for.
In terms of assisted dying, it would be so explicit. It is categorically different from other kinds of conversations that are much more open-ended, like goals of care conversations at end of life. This is really quite specific, to the extent that you can actually give doctors a form of words to use, because their request for this procedure needs to be so categorical and there needs to be no ambiguity around that.
In a way, this conversation about assisted dying is actually different because it is very up front, it has to be very categorical and it has to be documented. In that sense, it is extremely patient-centric, and there would be no using euphemisms, which happens in end-of-life care, when what doctors think they have told their patients they do not hear. They have heard something else, because euphemisms change according to—well, you do not even have to go so far as to talk about different communities or cultural groups; they change from one person to another. I think this would require quite specific language. It would bring things into a much less ambiguous kind of territory.
Q
Professor Preston: I think it is about having that additional consideration. When additional consideration for, perhaps, social deprivation or about people from minority groups is in the training and is at the forefront of people’s thinking, they can address it.
I will give you an example. We did a study looking at access to palliative care. I know you have heard a lot about there being a postcode lottery and things like that. One of our areas is one of the most deprived coastal communities in the country, and yet it had equal access for people across all areas of society, because they brought in people to target anyone from those socially deprived areas.
Equally, at the beginning of the first wave of the pandemic, at one of the big London hospitals, we analysed the data because we were concerned about access to palliative care services. Were people accessing it during the pandemic? We also looked by ethnicity. What we found was that not only during the pandemic, but pre-pandemic, if you were non-white, it took—I don’t know—three or five days longer to get that referral.
We had an idea that from some of the research we had done on social deprivation, people are making assumptions. It is not about people making horrible decisions, but they are making assumptions: “Oh, they will have a big family—the family will look after them. This will happen or that will happen.”
The nurse consultant, Claude Chidiac, went in and did training for the staff and said, “Don’t assume that just because people come from an Afro-Caribbean family that they have got this big family.” Within a year, when the second wave happened, the difference had gone. It can be at the forefront of training and you can make people really think about it. I would say—I think someone said it yesterday—that there is almost an inverse inequality, because I think those families and those communities will be really trying to protect people from even thinking about going for it.
Q
Claire Williams: Again, I can only apologise, as my evidence is about a committee-based, panel approach to decision making rather than what happens at that point of end of life. I do not know whether somebody else is able to come in.
Professor Preston: I can take that if you want.
Thank you, Professor Preston. Sorry—if you agree, Mrs Harris.
I wondered who was chairing for a moment.
Professor Preston: We raised that concern about doctors staying with people for prolonged periods of time. I think it will come down to what “self-administered” means. In our written evidence, we said that, in Switzerland, that has increasingly meant setting up an intravenous drip and the patient opens the port. In that case, you are talking about different drugs and it would be much speedier. But we have data on oral ingestion from Oregon, and I think 30% of cases took an hour to die. Most of us know that in the NHS, an hour with a doctor will be pretty unlikely, even if they are in another room. Most assisted deaths across the world occur in a home or a nursing home, so you do not have doctors there—we are not talking about GPs being out for prolonged periods of time. The method of administration may change that as well.
The other thing is that doctors are not used to being with patients at the end of life—it is nurses and healthcare assistants. So you are actually bringing in a new role for them to be with someone as they die. I am not saying that they have not had that experience, but they are not the traditional healthcare workers who are at the bedside. Again, that would need to be accounted for in the training so that they are more used to being around people who are at the end of life. They will have had some experience, but it is very much in the realm of healthcare assistants and nurses.
I call Simon Opher.
I think that my question has been covered by my hon. Friend the Member for Bexleyheath and Crayford. I just wanted to be sure that we were secure if the doctor was not in the room, but that has been answered.
Q
Dr Richards: It would have to be. Those examples that you have just given would not mean that it was not an explicit conversation.
But it is not, because—
Order. One question, one answer. I call Danny Kruger.
Q
Professor Preston: I think we suggested a panel. I submitted some evidence after the last Select Committee inquiry about a panel that could operate outside. Lots of the reasons I gave were about helping to navigate, helping to identify doctors and helping to support people who feel vulnerable within the NHS.
What increasingly came out from the idea of a judge is the question of what exactly their role is and the fact that there is no right of appeal. However, if you had a panel, that would give a much more thorough understanding of what is happening. The additional safeguard is that the panel could say there needs to be a palliative care consultation. You would have to be sure the doctors who are doing it are, based on their register, qualified to have a palliative care conversation so that all options have been explored.
My fear is about if we do not specify what training is or what these people’s expertise is. Most doctors do not know too much about palliative care or what the options are. You do not need to see a palliative care doctor, as a palliative care nurse can talk you through it, but the additional power of that panel is that it could be answerable to the court or some other sort of assisted dying tribunal.
Q
Dr Richards: The Bill covers terminal illness only. It includes people with six months left to live, so it would not include the phenomenon of old age rational suicide, which is where you want to end your own life for reasons of the accumulated losses of old age, or because you feel you have lived a completed life. This really relates to people who are in what is called the fourth age of life. It is a social and cultural phenomenon that there are people in the fourth age of life who want to wrap things up on their own terms, but this is a separate phenomenon to people who are in a natural dying phase of life and want to accelerate that. It is different.
After you legalise assisted dying for terminally ill people, you will still get older people taking their own life. The highest demographic for completed suicides is people over the age of 70. It is a phenomenon around the world, but it is a qualitatively different phenomenon to people in a natural dying phase. If we look at the data on who requests assisted dying, it is people who want control and agency, and they may even have thought about it as a mode of dying that they want to access before they even had a terminal illness. They might have always imagined that, but that is in conjunction with various forms of suffering that they will be experiencing. It is not just personal preference; they are also suffering, and suffering is very multi-faceted and multi-dimensional at end of life. It has various different components, not just physical.
Before we move to the next panel, is there anyone else who has pressing questions, or would you prefer to have a five-minute comfort break?
Q
Dr Richards: I do not really understand why the case of terminal anorexia would be different to any other case in terms of the conversation. It would be necessary to have a very explicit conversation with somebody requesting assisted death; it does not matter what their illness is.
On the issue of anorexia, the numbers are really tiny. In the Oregon model, which is what is in the Bill, you are talking about one or two people in the history of assisted dying. It is a very minor issue to get focused on. I have seen so much about this in the press and being discussed here. If you are very concerned about terminal anorexia, I am sure you could do some tinkering with the Bill so that people would not be eligible for assisted dying, but in terms of the empirical data in jurisdictions that have legalised the Oregon model, which is what this is, there are one or two cases.
This should not be given a huge amount of time, because it is a distraction from the fact that really we are talking about a new mode of dying, which is a cultural response. Just as palliative care is a cultural response to suffering at the end of life, so is assisted dying. It is a different track; it is offering something different. Different types of people will want to go for that. It is a response to the protracted dying trajectory that we see now, which is new. In the history of human dying, we have never taken so long to die before. There has never been so much medical intervention at the end of life, and assisted dying is a cultural response to that. To get fixated on the two people with terminal anorexia who have accessed assisted dying in the States is a bit of a red herring.
Thank you.
Q
Professor Preston: We have heard lots of evidence about training schemes around the world. To be honest, I think they are still developing, but we can look at the good elements of those and at what has and has not been evaluated. We can do it almost like action research, where you are learning as you go, and we can improve the training as we go.
Most people do not die under palliative care. This Bill will affect general care; it will affect specialist care, but not in palliative care. We need to train those people as well, because they will be having a lot of these conversations. We are doing that training now, which is about how we talk to someone in a compassionate way. How do you help people to understand that they can be involved in the decision making? What might the goals of care for you be, and what might a goals-of-care conversation look like?
We have lots of this training already. Palliative care has huge expertise in this with advanced care planning and the rest of it, so it is about getting some of that incorporated. It is not just about saying, “This is what an assisted death would look like. This is how it would process.” It must be more than that, and we need to help people to explore their end-of-life choices. How do you want to die? Do you want to die at home? Do you want the cat on the bed? It is about all those things that are really important to people, but we must have that conversation and explore them, and it is quite hard to get clinicians to have those conversations. There will be a special group of people who can manage this; they will need training and support.
I thank the witnesses on behalf of the Committee. We will suspend until 3 pm, which gives us six minutes.
Sitting suspended.
Examination of Witnesses
Liz Reed, Pat Malone and Julie Thienpont gave evidence.
Q
Pat Malone: My name is Pat Malone, and three members of my family died in dreadful circumstances, two of them by suicide, and I think the circumstances of their deaths would be useful for the Committee to know before any decisions are made.
Liz Reed: I am Liz Reed. My brother had an assisted death in a hospice in Queensland, Australia. Their law is very similar to the Bill—the assessments, the focus on coercion—so I am here to share how the law works in practice for a dying person and their family.
Julie’s Zoom link is still down, so I will start with Kit Malthouse.
Q
Pat Malone: I am not familiar with the situation in Australia. The two suicides in my family were outwith the law, and the third death I was going to talk about was a natural death—we would call it a natural death—so I am sorry but I cannot make a comparison.
Liz Reed: The system in Australia is, as I said, quite similar to what is being proposed here. It felt like throughout that process for my brother, Rob, it was really caring and respectful. He was able to change his mind, which he did, in terms of dates and when it would happen. His views and the views of his family were also taken into account and, through the process, he was treated like a person with autonomy whose choices were being respected.
Q
Julie Thienpont: I am Julie Thienpont, and my husband and I were living in Spain at the time. My husband was diagnosed with mesothelioma and given three months left to live, so he opted for assisted dying. It was quite a rigorous process in Spain. It only came into law there in 2021, and he was one of the very first people in the south of Spain to take the opportunity of assisted dying.
Q
Liz Reed: As I said, my brother died in a hospice in Australia, where the hospices are extremely well funded, and the care he received was sensational. The team and the staff in that hospice made the time he had in there. Obviously, it was not amazing, because he was dying, but for a really difficult situation, it was comfortable for his family, and he had young children. You could not fault the care and access to the medication. We as a family, after he died, went back to the hospice to say, “This was changing for us and for him.”
But it did not change what was happening to my brother. He went from a hospital to a hospice, and he had a date planned for his death. He then actually changed his mind and extended it, because it was better than being in a hospital and the hospice care was great, but he still landed at the same point of saying, “This is not living.” It was not what he wanted, and not what he wanted. From a personal perspective, when he was diagnosed, we said, “You’ve got to come home.” But actually, I think, “Oh my God, what would have happened to him? How long would he have had to go on? How long would his children have had to watch him?” He was only 39 and his children were young, and they did not have to—they still remember their dad. For him, for his wife and for our family, I would not change anything.
Q
Pat Malone: In all three cases, it would have improved their lives and their deaths. My father died at the age of 85 from pancreatic cancer. He asked me to help him kill himself while he was in hospital in the last three or four weeks of his life. Obviously, I was not able to do so. He suggested that I put poison in his water, which I had no idea how to action. I spoke to his consultant and asked whether he could do anything to hasten his end, and he said, “No, no, no, I can’t.” After that, he lasted another three weeks and he had a horrendous death. It has scarred our family to this day.
My brother contracted the same disease, pancreatic cancer, and having seen my father die, he—having gone to six doctors and asked them whether they could help him end his life; he was under home hospice palliative care at that time—contrived his own suicide. Unfortunately, he asked his wife to sit and hold his hand while he died, as a result of which there was a police investigation into collusion. She and her daughter, who was also in the house at the time, were not cleared for eight months, during which they were interviewed repeatedly about anomalies and what they did or did not know. It was absolutely unconscionable to pile that on top of their grief, at a time when they had just lost their father and husband.
My sister’s death, having seen those two deaths, was much easier. She got motor neurone disease and was not really suffering in the way that my father and brother had been. She knew that her end was going to be as a live brain in a dead body, and that was the horror that she faced. From the beginning, she was fixed on going to Dignitas, which she did. It was not easy because, after the example of my brother’s family, she would not allow anybody in her family to have anything to do with the arrangements that she had to make, which were quite complicated and became ever more difficult for her. First, she could not drive a car any more and was going around on a mobility scooter, gathering endless documents and having all the tests that you need to have. Ultimately, she said, “This is my golden ticket.” When she was accepted by Dignitas, she said that it was the greatest relief of her life. She said, “I know I am not going to get cancer or dementia. I’m going to die painlessly at a time and place of my choosing.”
That is exactly what she did, but she died 1,000 miles from home. She should have died in her house with her family, and her dogs on the bed. She should not have been denied that. Had this Bill been enacted in her time, it would have been a much easier operation. The problem with this legislation mainly is that it is so long overdue. There are people now who are in that position. You may think our family is star crossed because we have had three deaths like that, but I think we are just a normal family. It is happening all the time. Chris Whitty talked on Monday about how we should not rush into this. We are not rushing into it; we are at the back of the queue, really.
Q
Julie Thienpont: Guido had decided right from the word go, even before he got sick, that that was the way he would want to end his life, if there was a possibility of it. He was from Belgium originally, so he expressed a wish that if ever he needed it, he would like to go back there.
The law in Spain is very similar to the Bill, which I have read through countless times. There are a lot of similarities. There were very rigorous checks. It involved much paperwork, counselling and family liaison. The difference was that it went before a board, so it was a panel that would allow or not allow the decision—it was not decided in a court. That would be the main difference, but the process was rigorous. It was slightly difficult for me, because although I can speak Spanish, the terminology was frequently more difficult, so they very kindly translated for me. They explained everything: what would happen and how it would happen, if it happened. It was a big celebration for Guy when he was actually granted this. They also told us that he could change his mind after he had made the decision, should he wish to. He did once. It was me who asked him to do that, because I did not feel he was sick enough, which sounds a bit silly, I know.
He was an intensely private person. The palliative care in the part of Spain where we were is excellent, but it was quite irrelevant for him because he had already expressed that he wanted to die at home. We lived up a mountain; we were quite remote. Being such a private person, he never wanted to be in a situation where somebody else had to see him in any vulnerable situations, especially with personal hygiene and so on—even me, although I was able to help him in many ways. I had to do a lot of procedures for him, after being trained to do so, but he was more than happy with the situation of having assisted dying once it was granted. He did not need any other sort of care, although we still had a nurse coming every few days and the family doctor came up at least once a week. That does not sound much, but he did not want her any more often than that.
Q
Pat Malone: She would not qualify, because there was no telling how long she would live as a live brain in a dead body, as she said. It could have been months or even years, so she would not qualify in any case under this Bill. However, you have moved mountains to get to this point, so the last thing in the world I want to do is pile more requirements on the Bill. I would like to see some stuff stripped out of it, actually, to make it easier, but I am not going to ask for that because we desperately need to get away from the status quo. This Bill gets us away from the status quo.
Q
Julie Thienpont: Maybe I said “counselling”, but it was not a session of counselling. It was somebody asking my opinion to check that I was 100% behind Guy. His son also did that by proxy—via us—because he was in a different part of Spain. They wanted to ensure that he had talked it over with family members. It was not hastened along, because he had been given a short life span, so it did not take terribly long. He had to wait about three weeks before the initial ball started rolling, and then two weeks later a family doctor and nurses from the hospital came round for form filling, reading through, translating and signatures, and again another two weeks after that. Each time, I believe it went before a panel. We did not, but the paperwork had to go before a panel. They were left in no uncertain terms that that was the way he wanted to end his life.
It was a very peaceful, serene and beautiful death, as opposed to what it would have been like. He was able to speak to his relatives in Australia, his brothers in Belgium and other family members, and I was able to hold his hand. Guy had always been a bit of an old cowboy, and he always said that he wanted to die with his boots on. I am proud to say that that is what he did. At the end, we were holding hands, and I said to him, “Don’t be afraid.” He said, “I’m not afraid,” and he winked at me just before he closed his eyes.
On the process, perhaps I should have said that it was intravenous, so he had a drip in each arm. It was quite a quick process—maybe 10 to 15 minutes, which I thought was quite quick—but we had had lots of time that morning, you know. It was a beautiful end—the wink especially. I am left with very good memories of such a peaceful death, which was going to happen regardless. He was at peace with it, so that helped me.
Q
Liz Reed: I understand the big focus on coercion. It is very similar in Australia. The difference between the Queensland Bill, specifically, and the Bill proposed here is that, in the Queensland Bill, coercion is punishable both ways: you can be punished for trying to coerce someone into an assisted death but also for trying to change their mind the other way. Those safeguards are in place because you hear anecdotally from practitioners that, broadly, people are being coerced out of this.
In our experience, the day before my brother died our mum said to him, “Are you sure?” She was not trying to coerce him, but was she trying to make him go on longer? Absolutely. That is her son, and that is completely natural and normal. She did not want to see him die. His response was, “This isn’t living.”
Thank you very much.
Pat Malone: As far as my brother and sister were concerned, there was no check for coercion. There needs to be, as in the Bill, but there are many more safeguards in the Bill than there are now. The people who are contemplating suicide now have no safeguards at all.
Q
Liz Reed: No, he absolutely was not depressed.
And he was having excellent palliative care, so what was in his mind, do you think? Why did he decide on that option?
Liz Reed: He knew he was dying. He was diagnosed in October 2022. Just to be clear, in the period before his health started to really deteriorate, he had a great time. He went fishing, he went to the beach—it was like an advert for Australia, how great his time was. He quit his job, he was with his young sons, and he had a lovely time. But his treatment stopped working. He had had every treatment and, even though he was on the pathway and had started the voluntary assisted dying process, he was still having immunotherapy. He wanted to live. His family wanted him to live. But he got to the point where he knew he was absolutely not going to live, and that it was a matter of time. He said that he was afraid not of dying, but of dying in an awful way. He was worried his lungs were filling up with fluid. He thought he might have a heart attack. He was afraid of that happening; he was not afraid of dying. He was not depressed but he knew what was coming. He felt, in his own words, “I’m just sitting here waiting to die.”
He had had experience of a friend whose wife had died, and she got so bad that her young son could not visit her any more because it was too frightening for him. My brother’s children will remember who he was: this big, 6-foot-6, rugby-playing, fun dad. He got to choose: “Actually, I’m ill enough, I’m frightened of what might come down, which I know is going to happen anyway, and I choose now.”
Q
Liz and Julie, I am interested to know whether you think any aspects of the processes that you went through in Australia and in Spain could have been done better or improved. Is there anything from your experiences that we could learn from to enhance what we are trying to do here?
I also have a question for all three of you—and Pat, goodness me, to come here and tell your story after everything you have been through is unbelievably brave, so thank you. What impact did these different types of death have on your grief and on bereavement? We are talking about different types of death, so I think it will be helpful to think what that looks like for people.
Julie Thienpont: It is a very good question, because I think it did impact my grief. There is not anything that I would change, for definite, about that, but I think I mentioned that I had not tried to talk Guy out of it the first time around, but I did say, “Don’t be so hasty, because you’re not as sick as you could be.” He was still getting up and dressed every day and managing pain, so we had that discussion. On the only day that I ever knew him to stay in bed a little bit longer, I knew he was thinking about phoning to say that he was ready, and he called me to him and said, “Come and sit with me. I want to ask you two things.” The main one relevant to this is: “Don’t try and talk me out of it this time. I’ve made the decision. Don’t try and talk me out of it, because I don’t want you to be impacted in that way.” The second one was to “be strong”.
Both those things have impacted my grief, because I was so strong for 12 whole months and I just thought, “Yes, we’ve gone through that. It’s been great, and”—not “great”. Sorry, I am using the wrong terminology, but for me, it was so good to know that he died so peacefully and he was at peace with himself. That happened and I thought, “Right, now I’ve got to do the ‘be strong’ bit,” so I did that. I did want to talk him out of it again, but I did not, and I was very strong, and then all of a sudden, one day, grief did start to creep in, obviously. Suddenly I thought, “Hang on, he’s not coming back.” That is a normal grieving process, but it held off a little while.
The pathway that the grief I experienced took was that every day I had a different memory of us sitting somewhere, being somewhere or doing something. During the last months that we had together, knowing that he was going to die—sorry to sound like a bit of a romantic—our love intensified so much. You know that everything you do, it is probably going to be the last time you do it. It is almost like an unbreakable bond between you: you are both in this situation together and you are going to get through it, you are going to be strong, and you are going to be there for each other. I think that carried me so far, because those four months that he lived were the best four months, in the sense of our closeness and how supportive and caring we were for each other. It makes me smile now. When I think of his passing, I smile. Yes, I do get upset and I miss him a big lot, but I smile because everything worked out the way he wanted it to.
Thank you so much.
Pat Malone: My experience with my father was entirely different. My daughter, who was seven at the time, reminded me recently, when I was putting my thoughts together for this, that in his last weeks she had visited him, and I had taken her into a side room and told her not to expect to see the grandpa that she knew, because he was very, very ill and he did not look anything like she would expect. She said she was very thankful that I did that, because she was stunned and shocked when she saw him. He was like a 1,000-year-old corpse, he was moving, and his eyes were yellow, and that is how she remembers him—she does not remember any of the good times. My sister, who lived close by, was with him most of the time, and she just sat by his bed and prayed for his heart to stop.
We were all shell-shocked when he did finally die. As I say, that informed the decisions that were made about suicide by my sister and brother. Had he been a farm animal, we would have been prosecuted for causing unnecessary suffering, but he was a man so he was not entitled to that sort of consideration. I remember him in that horrible ward breathing his last. The only time he moved in the last days was to cough up blood. For a man who had asked to be relieved of that burden, who had asked for an act of mercy, a week before, and it had been denied him—I cannot understand how anybody would deny a dying man a deliverance.
When my brother died, he and my sister-in-law had been together since they were 11 years old. He was only 53, so they had already known each other for 40 years. She had shared his suffering while he was being driven around the country looking for diagnoses and, ultimately, looking for doctors who would help him commit suicide. His weight had gone from 18 stone to 8 stone, and he was bright yellow as well. He was suffering all the time and she was suffering with him. She was relieved as well as grieving when he actually died—and then the police were at the door. The investigation went on until his inquest eight months later. The police were as helpful and sensitive as they could possibly be. Vicky got the impression that they wanted her to give the wrong answer—when they said, “Did you know what he was going to do?” she said, “Yes, I did”; to “Could you have stopped him?” she said, “Yes, he was weak as a kitten”; and to “Could you have resuscitated him?” she said “Yes,” because she had had some nursing training, and so on—and with every answer they just collapsed a little bit more.
Ultimately, at the inquest there was an anomaly in his suicide note. It was written in two different colours of ink, and the police investigated whether it could have been written at different times, possibly by different people. Giving evidence at his inquest, the police said that they thought his pen had run out—there was a squiggle at the top where it changed from black to blue—and they said that they were not proceeding with any idea that there had been positive involvement in his suicide.
I have a note of the transcript of what the coroner said, which reads: “I don’t want to make any more of this than I absolutely have to. I simply record therefore that Michael Malone took his own life. He did so quite deliberately and having made appropriate preparations, and so it’s not a case of my saying that he did so while the balance of his mind was disturbed, because it clearly was not. It was a decision that he took and I have every sympathy with that decision in so far as a coroner is allowed to say that.”
The police were very sympathetic. The coroner was very sympathetic. Danny Kruger is very sympathetic. But sympathy only goes so far, and I am glad that this Committee is now looking at exactly the people who matter first in this issue, who cannot be here to talk for themselves.
Liz Reed: In answer to the first point, about anything we would change or do differently, I think actually my brother’s case was dealt with really well and there were checks and balances along the whole way: “Does he meet the eligibility criteria?”—obviously—“but also, does he want to?” His wife was involved in the process with him, and he was checked constantly. A doctor administered for him, and he had met him already. He knew him and had a rapport with him. He had a few jokes with him at the end. So from that perspective, I do not think so. It is slightly different in Australia, in that it does not have to have a High Court judge, so the process feels a bit more streamlined than it is here, and maybe the access would be slightly different because of that.
In terms of the grief, I think anyone that knows someone who has been through a terminal illness knows that there is a level of anticipatory grief that comes with that—the waking up every morning thinking, “Has it been tonight? What happens next? What’s today?” Because when someone is in the final stages of their life, which my brother was, there is always something every day: “Oh, he’s got to have fluid drained from his heart today,” or, “Oh, this has happened.” There is always something, so that grief starts coming on before the person has even died.
The day my brother died we sat outside in the courtyard and had a glass of champagne. He chose a Bob Dylan song that he wanted to die to. It was extremely peaceful. It was seconds. And he got to say all the things, have all the conversations, speak to our parents—that sort of real American “closure”. That is what he got, and we were not sitting around thinking, “I wish I’d said this. I missed it,” or, “I was off doing something with the kids.” We were all there: my mum, my dad, me, his wife. We sat there and held his hand—and what a gift.
Q
Liz Reed: I do not think so, no. I do not think it would have changed his mind. I am someone who is real squeamish, so I probably would not want to, because of how I feel about all that kind of stuff, but it would not have changed anything for him—no, absolutely not. But I think there is a comfort in having a doctor there administering that, “This is going to go as it should,” and there is a calm that comes with that.
Julie Thienpont: Guy being intensely private, as I mentioned before, he would have preferred less people around him at the time. There were two nurses, the family doctor and the administering doctor. They prepared the scene and put the drips in—they had to put one in each arm—and they had to be there in order to witness the whole thing. He would have preferred to have been able to do it himself, but I do not think the fact that it was administered by somebody else impacted in a negative way for him.
Pat, I think you wanted to say something.
Pat Malone: Yes. My sister died under the Swiss method, which meant self-administering a cup. She had motor neurone disease, and she was slowly losing the use of her limbs. She went earlier than she needed to because she wanted to be sure that she would be able to swallow and lift her arm. She could probably have put it off for some months—an indeterminate period—but she died before she needed to in order to be sure that she could self-administer.
Q
Pat Malone: I cannot speak for her, but there were many, many problems. Bizarrely, the last package of documents that she sent to Dignitas got caught up in the postal strike, and they were all irreplaceable original documents. I do not know if you remember, but around that time—this was the winter of 2022-23—there was a postal strike, and it particularly affected international mail. For nine weeks, the documents were held up in a sorting office, and they could not find them. She was getting more and more concerned, because her horror was that she would miss that deadline. In actual fact, Dignitas agreed that in the final analysis she could hand carry the last of the documents she needed when she came to Switzerland, and she was still able, but her horror when she thought she was going to miss the bus was quite palpable. Yes, if a doctor had been able to do it, she might well have chosen that option.
Thank you for answering that.
Q
Pat Malone: As I mentioned to Mr Kruger, I am loath to meddle in any way with the Bill. I think that as it is the Bill is the best we can do at this time.
Order. I am going to let you continue, but that question is out of scope. Is there anything else you want to say, Mr Malone?
Pat Malone: I have said that as far as meddling with the Bill is concerned, I would like to see it pass as it is without too much delay.
Q
Pat Malone: I think that both my sister and brother had more than adequate palliative care. My sister, particularly—she was taken under the wing of the Macmillan nurses, even though she did not have cancer, and they were absolutely marvellous. Her GP was brilliant as well: behind her all the way for the whole year. She could not really have done it without her.
The NHS was excellent. In fact, my sister was used as a diagnostic tool, or diagnostic test, by NHS surgeons who were teaching medical students. She would be put in front of medical students and they would be asked what was wrong with her. Given that MND is normally associated with young men with brain trauma and so forth, it encouraged them to widen their appreciation of these diseases. It meant that she met NHS specialists at a particular level. She really wanted for nothing. She had a stairlift put in her house in short order. She had the mobility scooters and all the gimcracks that you have in your bathroom to help you get out of the bath and so forth. Above all, from the Macmillan nurses in Blyth, she had moral support. These are no-nonsense people who will walk through a wall if there is something that you need, and that is wonderful to have.
So there was no palliative care issue with my sister. She never needed any pain control. She had everything she needed. It did not change her mind one bit. I would like to see palliative care divorced from the idea of assisted dying. What she needed was assistance to die. What my brother needed was assistance to die. Palliative care was a side issue. It obviously comes into it, but if you could look at assisted dying on its own, I think that would be useful.
Are there any more questions?
Julie Thienpont: Would it be okay if I said something?
Of course. Please do.
Julie Thienpont: This is hearsay, of course. I live in Guernsey now. It is a small island, so we know a lot of people. A lot of people know each other. I had something published in the Guernsey press fairly recently. A friend of mine had a relative in the local hospice, which is excellent—it is absolutely beautiful and the palliative care and the teams are second to none. However, her relative who was in there saw the newspaper and said, “Oh, my goodness! I wish this Bill would come to pass here. I wish it would have been in time for me.” He said, “I am getting excellent treatment, but I am sitting here waiting to die. My family are coming every day to watch me wait to die.” He lived for five more days and he actually expressed that even though his care was excellent, he really wanted to die sooner on his own terms.
Q
Liz Reed: Rob’s experience was that this law only came in in Queensland in January 2023, post his diagnosis. But it was an issue that had been in the press; he knew it was coming in and from diagnosis he thought it was something he might consider, and so he approached his doctor with that.
In terms of my view on whether doctors should bring this up—we are coming from a position of privilege where we have access to media; he knew this was going on, and I am sure there will be plenty of people who do not know. I do not really know, to be honest, where I sit on that. For our family and for my brother, it was absolutely the right thing to do. I cannot really answer.
Pat Malone: Some regulation and some guidance would not go amiss. My sister had fantastic support from her GP. She did a lot of extra work to meet the requirements of Dignitas, and my brother had exactly the opposite. When he went to his GP, for a long time he was told, “Oh, it’s just indigestion. Try Gaviscon.” Even when he went to his GP, in the light of his understanding of my father’s death, to say, “I think I’ve got pancreatic cancer,” his GP said, “No, it’s not—it’s just indigestion,” and so forth. It would not have mattered; an early diagnosis would have made no difference at all. But the GP was not very helpful and did not want to get involved.
When my brother died, my sister-in-law called the GP and the GP called the police. Before my brother was cold, the investigation started. If there was some way you could say to doctors, “This is what you can do, and this is what you can’t do. If you do not want to get involved, leave it to somebody who does because there are plenty of people who will”, and if that could be quantified somehow by a code of conduct—perhaps among the doctors, rather than in the Bill—that would be very useful.
Q
Julie Thienpont: No. He made up his mind long before he was even sick. He felt that his mother had quite a traumatic passing, and said that she expressed a view that, had it been an option, she would have taken it. He had said from then, “That is the way I want to die. I want to die that way. I don’t want to be lingering in a bed, whether I am in pain or not. I don’t want that to happen.” That may not be something that I would choose, but that was his absolute choice—I have no doubt whatsoever. He said that to the team who had been looking after him when he first broached the subject, and I think they first of all thought he was not terribly serious. Then, when they realised he was, he said, “It’s my life, it’s my death—I want to choose.” I think that is what it is all about: allowing people that option to choose.
Q
Prior to your personal experience, you might have had a different view or friends and family who had different views. For me, speaking to people who have had the experiences you have had, it becomes very clear that we have problems with the law as it stands, or the lack of the law as it stands. Would anybody like to share their own journey about that?
Pat Malone: From my standpoint, I did not give it a lot of thought until it started impacting on the family. But I understood exactly why my sister and my brother committed suicide. I would hope that this Bill could be enacted when my time comes.
Liz Reed: I had not given it a huge amount of thought; I am relatively young. I suppose if I was asked at the time I would have said, “Yes, sounds fine,” but I think I had also grossly misunderstood what it would mean for someone to go to Dignitas. There is a flippant comment that goes around—I can remember my dad saying it: “Oh, I’ll just go to Switzerland.” It is just not that easy. People I know and have met, like Pat, have had family members go to Dignitas, and it is actually a deeply traumatising experience. People’s lives are cut much shorter, they cannot enjoy their time and so on. I absolutely agree that I had not given it much thought.
I remember, on the day my brother died, getting back to where we were staying; I sat there and thought, “What would have happened to him?” I wrote to my MP, to say, “Hello, I am just wondering what would have happened, out of interest.” That is how I got involved. Had he been here, what would have happened to him and how long would he have had to limp on? You hear enough stories of people begging to die at the end of their lives, and I am really thankful that he did not have to.
May I offer all three of you the collective condolences of everybody on the Committee? I thank you for your bravery in attending today and for speaking to us. Thank you very much.
Hear, hear.
Examination of Witnesses
Dan Scorer, Professor Lewis, Dr Mulholland and Dr Price gave evidence.
We will now hear oral evidence from Professor Emyr Lewis, emeritus professor at the department of law and criminology at Aberystwyth University; Dr Michael Mulholland, honorary secretary at the Royal College of General Practitioners; Dr Annabel Price, from the Royal College of Psychiatrists; and Dan Scorer, head of policy, public affairs, information and advice at Mencap. Could you please introduce yourselves, so that we know who you are before you start giving evidence?
Dan Scorer: Hi. I am Dan Scorer from Mencap, the learning disability charity. We work across England, Wales and Northern Ireland. We support 4,000 people with a learning disability with their care and support needs, as well as providing information and advice services across the three countries. We also campaign for better support for people with a learning disability, and their families, across health, social care, employment, social security and cost of living.
Dr Mulholland: Hi. I am Michael Mulholland. I am a GP in Buckinghamshire and the honorary secretary of the Royal College of General Practitioners, the professional membership body for general practitioners. We have 54,000 members across the UK.
Our current position as a college is that we oppose a change in the law regarding terminally ill adults; that was ratified by our council in 2020 when we last had a survey of the membership. Seeing that there were changes in the legislative landscape across the UK in 2023, our council asked for a group to be convened to look at where our college should be going. We created a committee that looked at that and created a list of principles, which I will be referring to in any evidence I give today. In our council, we are currently undergoing a review of what our position should be. We have a membership survey that is live at present, and we will be bringing that to our council in March this year to decide the college’s position.
Professor Lewis: Hello, I am Emyr Lewis. I am a lawyer from Aberystwyth University, and I am here to talk about the legal and constitutional aspects relating to Wales that arise from the Bill.
Dr Price: Good afternoon. My name is Dr Annabel Price. I am here representing the Royal College of Psychiatrists, a professional medical body responsible for supporting psychiatrists through their careers, from training through to retirement, and I represent 21,000 members.
I am an old-age liaison psychiatrist, working in a general hospital setting. I also provide psychiatry input to my local hospice, and I teach palliative care at the University of Cambridge. I have a research background in mental health at the end of life, and particularly mental capacity for terminally ill adults requesting assisted dying.
Thank you. Liz Saville Roberts, Danny Kruger has kindly forfeited a question in order for you to have two, so I will call you first.
Q
Professor Lewis, I am glad to say that the Committee appreciates that scrutiny is necessary for Wales-related aspects of this private Member’s Bill. What are the risks of insufficient scrutiny?
Professor Lewis: Because this is a private Member’s Bill, it will not have gone through the process, which a Government Bill would have done, of having discussion between Governments as to how this might be sorted out. That impacts on Wales. So it is really important to have a session that focuses, albeit briefly, on Wales. I am grateful to the Committee.
This is an England and Wales Bill because certain criminal offences are matters on which the Senedd in Cardiff cannot legislate, and that includes offences that relate to suicide. However, apart from that, the impact of the Bill on devolved matters, if it became law, would be substantial—on the health service in Wales, on social services in Wales and on Welsh society generally. It is important that you take account of that. Indeed, certain aspects of the Bill seem to me to require a legislative consent motion to respect the Sewel convention.
Q
Professor Lewis: As I am sure you are aware, the Parliament here in London can legislate about anything at all—absolutely anything. However, where the power to legislate is given to the devolved legislatures, the Sewel convention states—in the Government of Wales Act, in section 176, I think—that the Parliament in London will
“not normally legislate with regard to devolved matters”.
That is what is said. Therefore, there are certain aspects of this Bill—I will give you brief detail on that—that, in my opinion, relate to devolved matters. The first is clause 32. This is a very broad clause that would give the Secretary of State very broad powers for the implementation of the Bill within the NHS, including within the NHS in Wales. It seems to me unarguable that that is a matter both on which the Welsh Government ought to be consulted and which would require legislative consent from the Senedd.
The second is a cluster of clauses that impose specific functions on Welsh Ministers and on the chief medical officer for Wales. They are clauses 31, 33 and 34. Once more, from a formal perspective, they seem to require a legislative consent motion, so it seems to me that some thought needs to be given as to how that might happen in the context of a private Member’s Bill.
Q
Professor Lewis: A motion was put forward by Julie Morgan that was supported by three or four Members of the Senedd, which was broadly in support not of this specific Bill, but of the purpose of this Bill, and it was defeated, as you say, after a full debate on the Floor of the Senedd. Formally, legally and constitutionally, that is of no consequence, because it was not a legislative consent motion, and of course, as I said earlier, this Parliament is able to do what it likes. It could totally disregard that. Whether that would be a prudent or an appropriate thing to do, or even what one might describe as a constitutionally appropriate thing to do, is another matter.
I think it reinforces the point that there is a significance in making sure that scrutiny of the Bill has a Welsh focus. You might consider, for example, making different provision in Wales. How do you respect what was a democratic vote in the Senedd in Cardiff? Well, you might consider having different commencement provisions—I am not advocating this, it is just an example of what you might do. Commencement of the Bill in Wales might happen in a different way, on the assumption it was passed. You might put that in the hands of Welsh Ministers and the Senedd, just as an example.
Q
You have highlighted in particular the distinctions between health law, which is a devolved matter, and the law on suicide, which currently is not devolved. On the first page of your written evidence, you draw out clauses 32, 31, 33 and 34 in particular as issues that we should focus on in ironing out those legalities. Is there anything else you want to add to that that you think that we as a Government should focus on in our work consulting with the Senedd?
Professor Lewis: I think it is important that both Governments understand how the implementation of what will be a pretty radical change in the law will happen on the ground within the health service and among those who are responsible for delivering social services. I am thinking of issues such as adult safeguarding, which in Wales has its own specific law and is slightly different from the arrangements in England. There are those kinds of nuances between the two territories, and I think it would be prudent to focus on them.
I also think it is wise to bear in mind that Wales has certain statutory bodies whose interests might extend to the Bill. For example, there is the Older People’s Commissioner for Wales, in particular; there is the Future Generations Commissioner for Wales as well. I think it is important that there is some forum, some scope, for those people also to be involved in how this is shaped.
Q
“is not sufficient for the purposes of this Bill.”
Could you expand a little on that and, if you feel able, make some recommendations as to what you think could be sufficient?
Dr Price: Thank you. In answering this, I will also refer back to Professor Gareth Owen’s oral submission, thinking about the purpose that the Mental Capacity Act was drawn up for and the fact that decisions about the ending of life were not one of the originally designed functions of it. We would need to think carefully about how that would then translate into a decision that was specifically about the capacity to end one’s life.
We also need to think about how that would work in practice. When we are thinking about capacity assessments, it is usually related to a treatment or a choice about a treatment or about somebody’s life—for example, changing residence. Psychiatrists and doctors and actually lots of professionals are very used to those sorts of decisions and have gathered a lot of knowledge, expertise and experience around it. This particular decision is something that in this country we do not have knowledge, expertise and experience in, and we therefore need to think about how that would look in practice.
As for advice to the Committee about what that might look like, I think that we need to gather what evidence we have—it is actually very thin—from other jurisdictions that think about capacity as part of this process. I am thinking about my PhD: I visited Oregon and talked to practitioners who were directly involved in these sorts of assessments. They described the process, but they are not using the Mental Capacity Act as their framework. They described a very interpersonal process, which relied on a relationship with the patient, and the better a patient was known, the more a gut feeling-type assessment was used. We need to think here about whether that would be a sufficient conversation to have.
One of the things that I have thought quite a lot about is how we can really understand the workings of a mental capacity assessment, and one of the best ways we can do that is to see who is not permitted to access assisted suicide because of a lack of capacity and what that assessment showed. We do not have data because the assessments for people who were not permitted to do it are not published; we cannot read them, so if this becomes legislation, one of the suggestions that I would have—it is supported by the Royal College of Psychiatrists—is to, with patients’ consent, record capacity assessments to see whether they meet the standard that is necessary. I think it is important to set out the standard necessary and the components needed to be confident about a mental capacity assessment. That will help with standards, but will also help with training, because this is new territory for psychiatry, for medicine, and to be able to think about consistency and reliability, training needs to actually see a transparency in capacity assessments.
Q
Dan Scorer: There are two key concerns I will touch on. One was covered just at the end of the last session, with the question about preliminary discussions, and that is certainly a key area that we have concern about, about how that initial conversation is initiated and structured. For us, that really leads into a conversation around rights to advocacy. It would be extremely concerning if people with a learning disability who were terminally ill were not fully prepared and supported for that discussion.
For us, this links into the experiences that we had during the pandemic, which were touched on in yesterday’s evidence session by Dr Griffiths and others. We had people with a learning disability who were being consulted by medical professionals about “do not resuscitate” or “do not treat” decisions, and they were not being properly prepared for or supported in those discussions. Indeed, in one of our own care services, we had someone we support who was called up by a GP and asked whether she would want the kiss of life. The GP was trying to explain it to her excessively and she said, “No, of course not. I would not want to be kissed by someone I do not know.” Potentially, a “do not attempt CPR” notice was put in place. That example just shows the importance of preparing and supporting people for such discussions, so we want to see a right to advocacy included within the Bill to support people considering their end-of-life options.
Also, building on the previous question about the adequacy of the Mental Capacity Act, there is a question about the adequacy of training, awareness and compliance with that Act now. That is a huge issue that has been addressed, for example, through the Oliver McGowan mandatory training on learning disability and autism, which is rolling out across the NHS and social care services at the moment. However, in addition to the MCA, we also need to make sure that clinicians fully understand the Equality Act and the NHS accessible information standard about rights to information and support for disabled patients.
On clause 5, on training, we want to see much more specificity about the level of training that clinicians would have around the Mental Capacity Act and to make sure that they are fully aware of their responsibilities to make reasonable adjustments for patients, and to support them with understanding their choices around end-of-life care, which could include assisted dying.
Q
“Mental disorders, such as depression, are more common in people nearing the end of their life. Delirium is more common… Hopelessness is a common symptom of depression…And people’s capacity and consent can be affected when they are going through this condition.”
In the last few days, we have heard much evidence that expressed concern about capacity assessment and that said, as Dan mentioned, there should be an advocacy service available. Rather than having the current model of two doctors and the court, if we have a panel with experts on it who can consider psychosocial assessment and capacity, would that make the Bill stronger, with more safeguarding being introduced to it?
Dr Mulholland: Sorry—can I check whether that was a question for me at the Royal College of GPs or a question for the Royal College of Psychiatrists, because I think that statement was in their evidence?
The evidence is from the Royal College of Psychiatrists, but anybody can answer the question.
Dr Mulholland: As GPs, we feel that we need a stand-alone service to take people through this process for assisted dying. We do not feel that the GP is in a place to make an assessment of capacity for this process. That is beyond anything that any of us have ever trained in or understood, and it will need people who are trained in assessing capacity at that point. As GPs, we are very used to assessing whether somebody has the capacity to take a course of antibiotics or to be referred for something that we understand, but this is an issue that will require a much deeper level—the Royal College of Psychiatrists has probably thought more on that level about the next steps.
Dr Price: Yes; to refer back to the written evidence, if we think about people with palliative care needs towards the end of life—so the people who would qualify under this Bill—around 20% will have diagnosable depression, around 10% will have a wish to hasten death, and around 4% will have a more persistent wish to hasten death. Those wishes may not be expressed unless they are assessed for. One of the things that I would do in my clinical practice would be to look for treatable mental disorder in people who express a wish to hasten death.
I do not do that alone. You asked about a panel. When I am thinking about the needs of people who are nearing the end of life, and I work with people nearing the end of life most weeks of my working life, I work in a multidisciplinary team. My own small team comprises doctors, nurses and occupational therapists, but I work closely with social workers, the safeguarding lead, chaplains and all my medical and surgical colleagues to make good decisions about my patients in a biological, psychological and social way. Not all difficulties that are psychological can be fixed with a psychiatric intervention.
We would advocate as a college, and I would suggest as a clinician, that good decisions about our patients’ needs are made in a multidisciplinary way. That should be considered in the model of how to meet people’s needs in whatever way they present, but particularly for people who have difficulties and are suffering in a way that makes them feel that they do not want to continue living.
In the interests of time, to allow everybody to ask their question, will Members indicate which of the panel members they would like to answer so that only one gives an answer? That allows everybody to get in.
Q
Dr Mulholland: That is something we have been thinking about carefully at the RCGP. Part of our normal discussion will often open it up for patients to lead discussions around their end of life. We see there could be potential restrictions for that clinical consultation with a gag order. We very much follow the opinion I heard from Dr Green from the British Medical Association earlier in the week. We go along with that.
We are very protective of our relationship as GPs, and want to give patients the options that they might want to choose for themselves. We are not usually pushing anyone to any decision, but supporting them through their end-of-life journey. We would want to protect that in whatever way, so we therefore feel that a service we can signpost to would be the most appropriate thing as the next step.
Dr Price: As a psychiatrist and as a representative of the psychiatric profession, it is noted in the Bill that mental disorder is a specific exclusion. It is very unlikely that a psychiatrist would suggest or bring up assisted dying in a conversation.
I think a concern allied to that is people with mental disorder who request assisted dying from their psychiatrist. It may be clear to all that they do not meet eligibility criteria for that, but it is not absolutely clear in the Bill, as it is written, to what extent a psychiatrist would have to comply with a wish for that person to progress to that first assessment. There is quite a lot involved in getting to that first official assessment, such as making a declaration and providing identification. A psychiatrist might therefore have to be involved to quite an extent in supporting that person to get there if that is their right and their wish, even though it may be clear to all that they do not meet eligibility criteria if that is the primary reason for their asking to end their life.
Q
Dr Price: If I take you to thinking about what an assessment of capacity would normally look like, if we think about clinical practice, a psychiatrist would normally get involved in an assessment of capacity if the decision maker was unclear about whether that person could make a decision. The psychiatrist’s role in that capacity assessment would be to look for the presence of mental disorder, and at whether mental disorder was likely to be impacting on that person’s decision making. They would advise the decision maker, and the decision maker would then have the clinical role of thinking about that information and assessing capacity with that in mind.
Psychiatrists sometimes assess capacity and make the determination, but it is usually about psychiatric intervention and issues that are within their area of clinical expertise, such as care and treatment, capacity assessment around the Mental Health Act 1983 and whether somebody is able to consent to their treatment. In the Bill, I am not absolutely clear whether the psychiatrist is considered to be a primary decision maker on whether somebody should be eligible based on capacity, or whether their role is to advise the decision maker, who would be the primary doctor or one of two doctors.
Should a psychiatrist be involved in every case? If there is a view that psychiatric disorders should be assessed for, and ideally diagnosed or ruled out, in every case, a psychiatrist might have a role. If they are seen as an expert support to the primary decision maker, that decision maker would need to decide whether a psychiatrist was needed in every case. We know from Oregon over the years that psychiatrists were involved very frequently at the beginning of the process, and now they are involved by request in around 3% of completed assisted dying cases. We do not have data on what the involvement is across all requests.
Q
Dr Mulholland: As GPs, we can assess capacity. In this situation, the college’s position would be that we feel the GP should not be part of the assisted dying service, so we would see a standalone service that we can signpost our patients to. The GP role may go on to a different route afterwards, and it may be part of other things with palliative care and looking after the families. We think that some GPs may want to be involved and take that step, but we know from our membership surveys that we have had at least 40% of members in the past who would absolutely not want to have any part in that.
Similar to other services, such as termination of pregnancy, we think that the best option would probably be that the GP could signpost to an information service, such as something like what the BMA suggested the other day. They would not have to do anything more than that, and they would not withhold any option from the patient. We could discuss that these things exist, but we would not be doing that capacity assessment. Obviously, to give patients information about what they are going to, as you know, we would assess their capacity to take that information in, retain it and do the right thing with it for them. We would be doing that level of capacity assessment, but not further on in the process, where you are assessing whether a patient is able to make a final decision. I think Chris Whitty referred to the various levels of capacity. As the decision gets more difficult and complex, you want a greater understanding with the patient that they really know the implications of what is going on, and we just would not be doing that in general practice.
Q
Dan Scorer: The Mental Capacity Act starts from the principle of presuming capacity. The question would be whether, when someone who is terminally ill puts themselves forward for assisted dying, doubts start to emerge about whether they actually have the ability to make that decision in terms of whether they can understand, retain or weigh the information and communicate their intentions.
As I mentioned earlier, our concern is how those discussions around assisted dying are initiated. For many people with a learning disability who are terminally ill and in an incredibly vulnerable position, doctors are very important and influential figures. Having a doctor come to you and say, “What do you think about assisted dying—is that something you might want to consider?” could move them towards or into potentially accepting a course of action that they had never considered before.
That is why I was saying that it is about having advocacy support around that discussion and, as you were saying, about the role of families. Individuals should be able to choose who supports them with those discussions, whether it is friends or family members or an independent advocate—that would probably be our preference—who is specifically trained to support people with a learning disability who are considering their end-of-life options.
There is a lot that could be done in addition to what is in the Bill already to potentially much better support people who are considering end-of-life options and to have other professionals who could input into multidisciplinary discussions, potentially around capacity assessment.
Q
My question relates to point 15 in your written evidence, around the Human Tissue Authority. This is a model I looked at in terms of the decision making on coercion and capacity around people involved in organ donation. Can you tell me a little about that, and whether you think that there are parallels? It is a very serious decision, so we are in that territory. This is about what that looks like and what the role of psychiatrists is. We have talked a little about this already, but if we were to take this multidisciplinary approach, which I think is really powerful, what should the role of psychiatrists be?
Dr Price: On the role of an oversight group, one of the risks with individual practitioners doing these sorts of assessments is that they may do it once or twice in their career. What we know is likely to happen is that a smaller number of practitioners will do lots of assessments and build up individual expertise. However, it might be that a particular practitioner does this only for a patient who they know, or only a few times. Therefore, in terms of building up through repetition the sort of expertise that somebody such as me might have in the mental healthcare of an older person—thousands of patients over a couple of decades—an external group that understands the standards and the process should be able to scrutinise things at the time.
There are a number of bodies that do that not just for organ donation, but across lots of different services. We have them for liaison psychiatry, and they might have them for electroconvulsive therapy services, for example. They are not extraordinary or unusual, but they ensure that there is some consistency and reliability and that the assessments are of a standard. Scrutinising assessments after somebody has completed the process is useful for everybody who comes afterwards; it may not ensure that the quality was there for that individual. That would be the rationale for that sort of approach. Forgive me, but would you ask me the second part of your question again?
Q
Dr Price: I do not have lots of individual experience with that group, because I do not work within a specific service. But it is an example of a model that is in operation, and hopefully I have described the sorts of characteristics and why they are there.
Q
Dr Mulholland: We are aware that we have a range of views in RCGP across general practitioners. Some of them have very strong views for or against based on moral grounds, and some of those are based on religious grounds—traditional conscientious objection grounds. But others do not want to take part in assisted dying just because they do not want to; they do not feel it is part of what being a GP is, or part of what they trained for.
In discussion with colleagues today, someone shared with me that for 35 years they have spent their time trying to extend the life of patients—that has been our role—and to help them towards the end of life. It is a philosophical change if they start to think about whether the patient’s life should end earlier. There are some colleagues who may decide that for those reasons, they do not want to take part in this. There will be others who very definitely do. We have that range, so we feel that a doctor or a health professional should have the right not to take part on any ground, and that should be protected—they should not feel the obligation to do something that they do not feel is within their wishes.
Q
Dr Price: There is a lot of research evidence around depression in people with palliative care needs and people nearing the end of life. We know that depression is common, and across a number of studies it is at around 20%—much more common than in the general population. We know that depression is strongly associated with a wish to hasten death, and that if depression is found and treated in that group of patients, there will be significant change in the wish to hasten death.
There are a number of associations other than depression with a wish to hasten death, and they include difficult symptom experience, poor functional status—needing a lot of help with things—and being socially isolated. Those are really key ones. They also include a sense of loss of dignity and feeling like a burden on others. These things can all come together to make life feel very unbearable. We know that there is also an overlap between a wish to hasten death, which is a response to suffering, and feeling that one is better off dead, ending one’s own life or harming oneself. I was involved in a study where we asked people both the wording of “a wish to hasten death” and the suicide question from the PHQ9, which is a depression screening tool. Those who had a wish to hasten death were 18 times more likely to also feel suicidal, according to the psychiatric definition, than people who did not have a wish to hasten death. There is a strong association.
Q
“the more serious the decision, the greater the level of capacity”––[Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 28 January 2025; c. 30, Q3.]
and that it is used in tens, if not hundreds, of life and death cases in the NHS every week. The example he gave was someone refusing blood products that they would need to continue their life. In the light of that, I suppose I am a bit confused about your evidence saying that the MCA is not suitable for life or death decisions of this type. Do you think the MCA is not fit for purpose for those current life or death decisions that are being made, or is there something about the life or death decisions that would be made in an assisted dying context that makes that different?
Dr Price: The assumption that the Mental Capacity Act can translate neatly into this specific decision without a really clear sense of what that would look like in clinical practice is something that needs more careful thought.
I was involved in research in this area, and one of the things that I did was to scrutinise the concept of capacity as discussed in a number of forums—for example, the Commission on Assisted Dying, discussions in the House of Lords, and also interviews with doctors in England and Wales and in Oregon. There is a broad sense of what capacity is. For some, it is a very tight, cognitive definition that would mean that in practice, in assisted dying, most people would be found to be capacitous. Those who advocate a much broader sense of what capacity is—these can be contained within the framework of the Mental Capacity Act—would advocate a much broader sense of what that is, thinking about values and the person’s life experience and making more judgments, really, about that person’s life in a general sense.
What I do not think we have really pinned down is what concept of capacity is operating in the thoughts behind this Bill. Is it enough to say that we will essentially refer to the Mental Capacity Act, or do we need to be more specific about what is capacity for this decision? Is it sufficient to say, “We will refer out”, or do we need it on the face of the Bill so that anybody assessing capacity for this decision knows exactly what they should be doing and exactly how they should be having that conversation? Even though you may be operating within a legal framework, I think that the actual conversation —the actual content—will vary across practitioners. Is that good enough? Is that sufficient? Is that a good enough standard? When I do a capacity assessment, I have in mind that it may be appealed against—that is somebody’s right—and it should be available for scrutiny by a court. Essentially, that is the standard we are looking for, so it needs to be clear where the standard lies.
Q
You talked about a percentage who wish to hasten death. The people we are talking about are facing death in any event within a foreseeable period, and they may be contemplating a death that is not pleasant. Some of the characteristics you talked about are presumably to be expected and may not necessarily interfere with their ability to make rational decisions in what they believe is their own best interest. In those circumstances, I do not understand why the Mental Capacity Act would not apply. I understand that you may be coming at it from a practitioner point of view, but if I make a decision to decline treatment to hasten my own death, I am not sure I would necessarily see that as qualitatively different, from the point of view of my own capacity, from saying, “I know I am going to die in three months’ time and I would like you to assist me to die slightly earlier.” Why are the two qualitatively different, from an MCA point of view? At the moment, one would be dealt with through the MCA, but you are saying the second would not necessarily be.
Dr Price: You are equating a refusal of treatment, in capacity terms, to hastening death by assisted dying. If those two things are equated, in terms of the gravity and the quality of the decision, the Mental Capacity Act may well be sufficient, but there are differences. There are differences in the information that the person would need and what they would need to understand. They would need to be able to understand the impact of the substance they are taking and what the likely positives and negatives of that are—all of those things.
The informed consent process is different from a refusal of treatment, and the informed consent process feeds into the capacity assessment. This is an area where we need to think carefully about whether the processes of the Mental Capacity Act, as it stands, map neatly enough on to that decision to make it workable.
Q
Dr Mulholland: The shape of the service is not set out in the Bill. We would say that GPs need to have a space where they can step away from it: that is the key point that we want to get across. For those who want to take part, it may be that they decide to do it, but it would have to sit outside the core general medical services that we provide at the moment. This is an additional thing; this is not part of our core job. We think that a separate service—it may not just be GPs; there may be lots of different practitioners and health professionals involved —would sit better with that. You could then assess the capacity and assess those other parts that are so important and are in the Bill at the later stages.
The GP may have a role, but that would be very much up to the individual GP to decide. It would not be set out that they should be taking part. They would then probably be part of this additional service to which the others who are not taking part could signpost. We just want to make sure that there is that clear space.
As we have time, I call Danny Kruger.
Q
Dr Mulholland: Fortunately, that is not the RCGP’s bit, but I think we would be very much concerned. In our principles, we were clear that we thought that there should be no reduction in core services in general practice, nor should there be any reduction, if the Bill goes through, in funding to palliative care services, which we know are often struggling as well. This should therefore be additionally funded. Whether it occurs in the NHS is not our decision, but we would be very concerned about health inequalities creeping into any part of the health service. We are aware of the differential that occurs in lots of things—life expectancy has come out again in recent reports between different parts of the country and people who live with different levels of poverty. If the Bill comes through, we will want to make sure that there is not a differential in who is able to access it. Whether that says that it should be NHS or private I am not sure, but that needs to be considered as part of whatever comes out of this.
Q
Dr Mulholland: We see a lot of people with mood disorders of different types and of different severities. Many people with depression who are treated with antidepressants carry out full-functioning jobs and lives because of the treatment that they have and because their depression is not of that severity. If someone had very severe depression and we were accessing our psychiatric colleagues, that would be a different decision, and perhaps it is not something that would happen at that point. Most people with depression, anxiety and other mental health problems would have capacity, because we would presume it under the Mental Capacity Act, so it is not necessarily an obstruction to people being referred for anything.
Q
On capacity, just to reflect on the previous panel, my view is that psychiatric assessment would not be necessary in every case. We have heard from three families this afternoon; we can probably all agree that there was a clear wish from those individuals that this was the choice they wanted to make. I agree with the colleague who said that there will be a percentage of people; that is why I think referral to a psychiatrist is important in those cases. Have you any more thoughts on that, Dr Mulholland?
Dr Mulholland: As GPs, yes, holistic care is what we do—whole-person, biopsychosocial care. If we got into an end-of-life discussion with a patient and they expressed a wish to go through a route of assisted dying, should that be legal, that might still be part of a discussion that we would have with them. It is the active part of the process. The BMA referred to the word “refer”—referring to a colleague, for those who did not want to do it. We agree that signposting is a better process.
We would not want to be out of the patient’s life. It is very difficult to be out of a patient’s life, but it may be that we are not part of that particular aspect of their care. It is the same when we refer to surgeons and hospitals; they have an episode of care elsewhere. This would be another episode that someone might be undertaking for that person. We will still have the families that we are part of; we will still be caring for them as well. We do not see them leaving general practice or general practitioners, but the assisted dying part of their health journey, or death journey, would perhaps be outside some people’s experience or expertise. You would need experts and people trained in it to be doing it, and not necessarily every GP.
Dr Price: No matter what somebody’s reason is for entering the process or what the outcome is, we are very clear that anybody should be able to access really good evidence-based care so that this should not in any way derail, deflect or make people not think about really good care. People should get really thorough assessments, have the right professionals involved in their care and have treatment where they need it and would benefit from it. All the quality that we have and all the guidelines that we work to should still be adhered to. We should still be providing all of the other good-quality care that we can. It is important not to bypass that and not to take shortcuts because they have made that decision.
There are three people left who want to ask questions, so can I beg for brevity?
Q
“The very act of raising assisted dying in that way will make that vulnerable patient think, ‘God, is this doctor telling me that my life is not worth living any more?’”––[Official Report, Terminally Ill Adults (End of Life) Public Bill Committee, 28 January 2025; c. 75, Q93.]
We heard from Dr Jamilla Hussain yesterday. She talked about mistrust of the NHS, particularly post-covid, where people had DNRs attached to them—disabled people and people of ethnic minority backgrounds in particular. Dan, are you concerned about the potential impact on people with learning disabilities?
Dan Scorer: Yes. One of the first things that I said earlier was about how the initiation of that first conversation is potentially an extremely risky and dangerous moment for people with a learning disability who are terminally ill. Your question is absolutely spot on, from the point of view that it could be highly suggestive and push people on a course that they may not want to go down. That is why I am suggesting that that initial conversation has to be incredibly well supported and structured.
There should, in our view, be an advocate who is supporting the person and preparing them for that discussion. Under the principles of the Mental Capacity Act 2005, the person should have accessible information in advance of that discussion so that they are fully informed about all their rights in terms of treatment options at end of life. That discussion with a clinician should not be taking place until the person has been able to consider that information and have support from an advocate, so when the conversation does happen the person is fully informed and has had time to think about what their wishes might be. That would reduce the risk, which is absolutely there, that people could take the initiation of that discussion as a statement, “This is what you should do.” We absolutely do not want people to be in that position. We want strong safeguards and support in place if the Bill becomes law.
Q
Dan Scorer: There are a couple of things that I would like to say in response. One is about clause 31, on guidance from chief medical officers. Immediately, I would say that people with a learning disability should be involved in the development of that guidance from chief medical officers. That guidance will be key to many of the issues that we have discussed.
Clause 35 is about the review of the Act. The lived experience of people is absolutely vital to that. The Bill says that it will be five years until we have that review. Our view is that that is far too long. If the Bill becomes law and if there are really serious issues and discrimination taking place against people, we will want to know that a lot earlier than in five years’ time, and we will want action to be taken. Our suggestion is that review should be earlier. We would want to see strong representation from patient groups across that, as well as from people who have been involved in the process, such as family members, advocates and clinicians, to make sure that if serious issues are being raised, they can be picked up early and addressed.
Q
Although it is not my area, I absolutely note the concerns and the discussion about respecting the democratic will of the Senedd in these matters. Would you suggest any potential avenues in the Bill to incorporate an element of positive affirmation by the Senedd, or its consent? What do you suggest we look at?
Professor Lewis: Formally, there is a need in any event for a legislative consent motion in relation to the specific bits I mentioned earlier, I have suggested one potential avenue, which is that the Senedd and Welsh Government take on responsibility for whether and when the Act commences in Wales. Another option might be to do a thorough “think once, think twice, think Wales” review to see to what extent other functions of the Secretary of State might be better exercised in Wales by the Welsh Ministers. That is a non-exhaustive list, but I hope it helps.
Q
Dr Price: The evidence that we have from research—this is in populations who would fulfil the criteria in terms of terminal illness—is that the prevalence of depression is around 20%. That is across a number of populations. It is associated with a wish to hasten death. Depression might impact upon that person’s decision making; I am not saying that it absolutely would, but it might. Also, treatment might change their view. We know that there is a strong association, for example, between pain and a wish to hasten death. Unresolved physical symptoms make people want to die, and when that pain is better, people no longer feel that way.
That is borne out in my clinical practice. We will get urgent referrals to see somebody who wants to die and who they are very concerned about. Then the pain is under control: we see them that day or the next day and they say, “Do you know what? The pain’s better. I don’t feel like that any more.” When we think about symptoms, we need to think carefully about what is treatable and what is remediable. That may be about psychiatric interventions, but it is often about a biological, psychological and social approach.
May I thank the panel for giving evidence today? We really appreciate your attendance.
On a point of order, Mrs Harris. Yesterday, we heard evidence about the impact of the Bill on different groups with protected characteristics, including age, disability, race and sexual orientation. We heard from the EHRC, an arm’s length body of the Government, that it strongly recommends that a full impact assessment, a human rights assessment and a delegated powers memorandum be undertaken before the Committee begins line-by-line scrutiny.
We have also heard from witnesses about the impact that the Bill will have on disabled people, from Disability Rights UK and others, on black and minority ethnic people, from Dr Jamilla Hussain, from LGBT people, from Baroness Falkner, and on those from a low-income background, from Sam Royston of Marie Curie. We heard from Dr Sarah Cox and Dr Jamilla Hussain that evidence from their work shows that this Bill has a higher probability of pushing minority groups further away from seeking healthcare, while inequality pre-exists. As observed through the pandemic and from available data, minority groups do not always trust that their interests will be best represented in institutions that would enable the facilitation of someone’s death, should this Bill become law.
I therefore believe that on the basis of that advice, so as not to inadvertently widen health inequalities through Bill, it is essential to have health impact assessments. I appreciate that an equality impact assessment will be produced for Report stage, it will not be available for detailed line-by-line scrutiny. When we agreed the timetable for line-by-line scrutiny last Tuesday, we were not aware that this assessment would be produced, given it was first reported to the House during the money resolution last Wednesday. There is a risk that there will be a bigger impact on people with protected characteristics, and this will not be understood fully until the Government have produced the equality impact assessment. As things stand, that means that we will move into line-by-line scrutiny of the Bill on 11 February without a full understanding from the assessment of the impact of the Bill.
I am therefore minded to request a short Adjournment of the Committee so that, as advised, we can receive the assessments before we progress to line-by-line scrutiny. Please will you advise me, Mrs Harris, how I could secure such a motion to adjourn the Committee until we are in receipt of the evidence, as advised by the witnesses yesterday?
Further to that point of order, Mrs Harris. I want to clarify the Government’s position. As the Committee knows, the Government are neutral on the Bill, but once the Committee has concluded its work and prior to Report, we are committed to publishing the ECHR memorandum, a delegated powers memorandum, the economic impact assessment that was committed to during the money resolution debate, and an assessment of the equalities impact of the Bill. In terms of the timing, it is necessary that the impacts that are assessed be of the Bill as it is brought forward. If the Bill is liable to change via amendments proposed by members of this Committee, it is important that we know what it is that we are assessing the impact of. That is why the proposed timing is to publish the impact assessment at that stage. The point is that before Members of the House come to a vote on Report and Third Reading, they will all have before them the impact assessment in respect of equalities and all those other aspects of the Bill.
On a point of order, Mrs Harris.
I am going to proceed now. I thank the hon. Member for Bexleyheath and Crayford for notice of his point of order. I am sure that the Member in charge and the Government have heard his points. If he wishes to look at procedural options, he should consult the Clerks in the Public Bill Office.
That brings us to the end of today’s sitting. The Committee will meet at 9.25 am on Tuesday 11 February to begin line-by-line consideration.
Ordered, That further consideration be now adjourned. —(Bambos Charalambous.)
Adjourned till Tuesday 11 February at twenty-five minutes past Nine o’clock.
Children's Wellbeing and Schools Bill (Seventh sitting)
The Committee consisted of the following Members:
Chairs: Mr Clive Betts, Sir Christopher Chope, Sir Edward Leigh, † Graham Stringer
† Atkinson, Catherine (Derby North) (Lab)
† Baines, David (St Helens North) (Lab)
† Bishop, Matt (Forest of Dean) (Lab)
Chowns, Ellie (North Herefordshire) (Green)
† Collinge, Lizzi (Morecambe and Lunesdale) (Lab)
† Foody, Emma (Cramlington and Killingworth) (Lab/Co-op)
† Foxcroft, Vicky (Lord Commissioner of His Majesty's Treasury)
† Hayes, Tom (Bournemouth East) (Lab)
† Hinds, Damian (East Hampshire) (Con)
† McKinnell, Catherine (Minister for School Standards)
† Martin, Amanda (Portsmouth North) (Lab)
† Morgan, Stephen (Parliamentary Under-Secretary of State for Education)
† O'Brien, Neil (Harborough, Oadby and Wigston) (Con)
† Paffey, Darren (Southampton Itchen) (Lab)
† Sollom, Ian (St Neots and Mid Cambridgeshire) (LD)
† Spencer, Patrick (Central Suffolk and North Ipswich) (Con)
† Wilson, Munira (Twickenham) (LD)
Simon Armitage, Rob Cope, Aaron Kulakiewicz, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Morning)
[Graham Stringer in the Chair]
Children’s Wellbeing and Schools Bill
Clause 21
Free breakfast club provision in primary schools in England
I beg to move amendment 6, in clause 21, page 42, line 23, leave out
“has the meaning given by section 437(8)”
and insert
“means—
(a) a community, foundation or voluntary school, or
(b) a community or foundation special school”.
This amendment amends the definition of “maintained school” in section 551B (inserted into the Education Act 1996 by clause 21) so that it does not exclude community or foundation special schools established in a hospital. Such schools are already excluded by the definition of “relevant school” in that inserted section.
With this it will be convenient to discuss the following:
Amendment 26, in clause 21, page 43, line 31, at end insert—
“(4) This section may only come into force after the Secretary of State has laid before Parliament a report containing the following information—
(a) what form breakfast club provision by schools currently takes;
(b) how much breakfast club provision costs schools, and how much is charged by schools for such provision;
(c) how much funding is estimated to be required to enable schools to meet the requirements of this section;
(d) what additional staff will be required to deliver the breakfast clubs; and
(e) the grounds on which the Secretary of State would use the power under section 551C.”
Amendment 27, in clause 21, page 43, line 31, at end insert—
“(4) This section may only come into force after the Secretary of State has provided details of how schools are to be resourced to meet the requirements of this section.”
Amendment 28, in clause 21, page 43, line 31, at end insert—
“551E Duty to fund secondary school breakfast clubs
(1) The Secretary of State must, within three months of the passing of the Children’s Wellbeing and Schools Act, create a national school breakfast club programme.
(2) A programme created under subsection (1) must—
(a) provide a 75% subsidy for the food and delivery costs of breakfast club provision; and
(b) offer pupils in participating schools free food and drink.
(3) To be eligible to participate in the programme—
(a) a school must be a state funded secondary school, special school or provider of alternative provision; and
(b) at least 40% of the pupils on the school’s pupil roll must be in bands A-F of the Income Deprivation Affecting Children Index.”
This amendment would require the Secretary of State to continue with the existing funding programme for secondary school breakfast clubs in areas of deprivation.
Clause stand part.
The Government amendment stands in the name of my hon. Friend, the Minister for School Standards. The amendment is a technical one, which will ensure that the clause only includes one reference to the exclusion of community or foundation special schools established in a hospital from the duty to secure breakfast club provision. Without the amendment, the Bill would mention that twice, which might have caused some confusion.
The amendment ensures the consistent use of the definition of maintained school with the provision on limits to branded school uniform items, which has also been confirmed by Government amendment. The effect of the Bill before and after the amendment—to exclude maintained schools established in a hospital—remains the same. Schools established in a hospital are excluded from this duty, because the Government recognise that children and young people who cannot attend their usual school, because of their medical needs, will already be receiving breakfast and quality care in hospital.
Amendments 26 and 27, tabled by the shadow Minister, the hon. Member for Harborough, Oadby and Wigston, seek a report from the Secretary of State to Parliament with key delivery questions on breakfast clubs. He raises some important issues and, as I stated previously, I value his engagement with the Bill and this subject.
The Department is working intensively and at pace on the delivery plans for breakfast clubs, including the information the hon. Member mentions and more. I will come to that later, but first I want to address his points about what form breakfast club provision takes and why we need to act. What we inherited from the previous Government is a patchwork of provision with varying costs for parents, varying offers and often, critically, insufficient funding for the actual club, leading to the exclusion of many disadvantaged pupils. We are legislating to replace that patchwork with an absolute commitment to give all children, regardless of their circumstances, a great start to the school day via a free breakfast club.
On delivery, I want to reassure the shadow Minister that schools will be funded and supported to deliver the new breakfast clubs. We are working with more than 750 early adopter schools from this April to ensure that we get the implementation, funding and support to resources right, before national roll-out of the new clubs.[Official Report, 10 February 2025; Vol. 762, c. 2WC.] (Correction) We published our funding methodology alongside guidance for early adopters on 16 January this year. We worked closely with schools on the rates to ensure they were sufficient. Funding for national roll-out is, of course, subject to the next spending review. As we learn from the early adopters to develop our statutory guidance and support package, more information will be made available, including on the exemptions process, putting that in the public domain and before Parliament.
I trust that Members will agree that the Department has the right plans in place to deal with delivery considerations through work with early adopters, support and statutory guidance, and that they have heard my commitment in Committee today that schools will be funded and supported to deliver the clubs. Therefore, for the reasons I have outlined, I ask the hon. Member for Harborough, Oadby and Wigston kindly to withdraw his amendments 26 and 27.
I am grateful for the opportunity afforded by amendment 28, also tabled by the shadow Minister, to discuss the continuation of provision for secondary schools in disadvantaged areas. The hon. Member makes a good point about hungry children in secondary schools, and I confirm that the 2,700 schools on the national school breakfast programme, including approximately 750 secondary schools, will continue to be supported by the scheme until at least March 2026.
We want to start by giving the youngest pupils, regardless of their circumstances, a great start to the school day. Through our opportunity mission, the Government will ensure that all children get the best start in life as we deliver what we believe is the most important starting point of a child’s schooling journey. These new primary school breakfast clubs will be transformational, giving every child access to fully funded provision of at least 30 minutes of free breakfast club. This measure goes much further than the existing national school breakfast program, which only funds the food and covers up to 2,700 schools.
Our plan builds on the evidence that breakfast clubs in primary schools can boost children’s academic attainment and attendance and drive up life chances. The free club and food will also support parents with the cost of living, and support parents to work. Compared with studies of programmes targeted at primary-age pupils, there are few high-quality experimental studies on the impact of breakfast clubs on secondary-aged pupils. Typically, primary school breakfast clubs have higher take-up than secondaries, and more studies, such as Magic Breakfast’s evaluation, report their positive effects on attainment and attendance. The reported attendance improvement for children at breakfast club schools is equivalent to 26 fewer half days of absence per year for a class of 30 children. Education Endowment Foundation research also shows up to two months of additional progress from key stage one to key stage two.
It has always been our intent—with limited resources, but backed by the evidence—to start with primary schools as we roll out breakfast clubs. It is right that we start with supporting the youngest children. We are working with 750 early adopters from this April to test how the measure will best be implemented. That will not only help us to test and learn how every primary school in the future can deliver the new breakfast clubs, but it will give us important insights into how schools with unusual age ranges, such as all-through schools, special schools or those with on-site nurseries, implement the policy. On that basis, I invite the hon. Member for Harborough, Oadby and Wigston to withdraw his amendment.
Clause 21, by placing a duty on state-funded primary schools to introduce free breakfast clubs, will give all children, regardless of their circumstances, a great start to the school day. We are absolutely committed to spreading the evidenced benefits that breakfast clubs offer, which will form a key part of our mission to break the unfair link between background and opportunity. Many more children will be settled and ready to learn at the start of the school day. It is also good for attendance, good for attainment and good for behaviour.
At a minimum, the breakfast clubs will start for 30 minutes before the start of the school day and will include breakfast. They will be free of charge and available to all pupils from reception to year 6 at state-funded schools. Importantly, the provision includes children with special educational needs and disabilities at mainstream schools, as well as state-funded special schools and alternative provision.
Schools will be able to do what works best for their families, so they will be able to work alongside childcare providers and even other schools if that means that they are best able to deliver the benefits of breakfast clubs to help parents and children.
Has the Department conducted any analysis differentiating those students who are disadvantaged and on free school meals, or considered disadvantaged, and those who are not? The Government are applying a blanket policy across all students of primary school. The Minister makes an eloquent point that some of those children are very needy, but others are not. Has the Department conducted an analysis of the impact across different groups?
The beauty of this scheme is its universal offer—a free offer to every child in primary school. As I mentioned earlier, we see the clear benefits of the scheme in terms of attainment, behaviour and, indeed, attendance. That is what is really exciting about our plans.
Work is already under way with 750 early adopter schools to start to deliver from April 2025, thanks to a tripling of funding for the breakfast clubs at last October’s Budget compared with financial year 2024-25. Early adopters are just the first step in delivering on our steadfast commitment to introducing breakfast clubs in every primary school. They will help us to test and learn how every school can best deliver the new breakfast clubs in the future and maximise the benefit to schools, their pupils and the families and communities they serve. Legislating for breakfast club provision in the Bill will give schools the certainty they need to plan for the future and ensure that there is a consistent and accessible offer for children and parents who need a settled start and support with childcare. I commend the clause to the Committee.
I rise today, as we pass the halfway point of line-by-line scrutiny of the Bill, to find that we still do not have the impact assessment. The Bill has passed Second Reading. It is totally pointless having an impact assessment of a measure if it is produced after has Parliament debated it. The Ministers would make the same point if they were still shadow Ministers, so I make it to them now. I do not understand what the hold-up is.
The last Government substantially expanded access to breakfast clubs in primary and secondary schools and created the holiday activities food programme. The national school breakfasts programme has been running since 2018, and in March 2023 the then Government announced £289 million for the national wraparound childcare funding programme, which helps to fund breakfast clubs, among other things. That was part of a much wider expansion of free childcare that saw spending on the free entitlement double in real terms between 2010 and 2024, according to the Institute for Fiscal Studies, including things such as the 30-hours offer, the two-year-old offer and the expanded childcare offer.
We will not vote against the clause and will not push our amendments to a vote, but I was struck by the comments made by Mark Russell of the Children’s Society, who said that given the resource constraints, he would have focused on rolling out breakfast clubs to a greater number of deprived secondary schools, rather than on a universal offer in primary. He said:
“I would like to see secondary school children helped, and if the pot is limited, I would probably step back from universality and provide for those most in need.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 55, Q122.]
I draw attention to the uncertainty being created by the Government’s refusal to commit to funding the existing free breakfast provision in secondary schools beyond next year, and likewise to the uncertainty being created around the holiday activities and food programme. A number of witnesses in our first oral evidence session called for Ministers to guarantee that funding beyond next year, and I join them in asking Ministers to give us that guarantee, or at least give us some sense that the provision targeted on deprived schools will be maintained.
To that end, our amendment 28 would lock in the existing provision in secondary schools and secondary special schools. There are arguments for specifically targeting needy secondary school pupils. According to evidence submitted to the Committee by Magic Breakfast:
“The extension to secondary pupils in special schools would not require a significant amount of additional resource”.
It would require about 2.2% of the budget. What did Ministers make of the suggestion by Magic Breakfast to make secondary special schools a priority? The Government have made primary schools their priority.
Amendment 26 would require the Government to report properly on provision. Groups such as Magic Breakfast are calling for careful measuring and monitoring of the programme, which is what we need. In Wales, we saw a commitment brought in in 2013 to reach all primary schools, but by last year, 85% of disadvantaged pupils were still not being reached by the provision. Obviously we do not want that to happen here. The Secretary of State must collect data on who is getting breakfasts and on the impact. As Magic Breakfast said in its evidence to the Committee,
“if the Government policy doesn’t significantly impact”
behaviour, attendance, concentration, academic attainment and health and wellbeing,
“then the Secretary of State should consider the efficacy of the policy roll out.”
That is why we want special monitoring.
The programme is landing on top of a complex existing patchwork, as the Minister said. Some 85% of schools already have a breakfast club, and one in eight of all schools, including secondary schools, have a taxpayer-funded breakfast offer. The new requirement being brought in by the clause will interact with the existing provision in lots of different ways.
Many school breakfast clubs currently run for an hour on a paid-for basis, and I hope that most of them will want to continue to run for at least the period that they run now. Now, if a breakfast club is provided for an hour or more, the school will have to charge the first 30 minutes but not the final 30 minutes, which unavoidably leads to complexity. On the other hand, we do not want schools to focus on just delivering the new statutory 30 minutes then pull the earlier provision, which is useful for parents. Schools will have to do a lot of agonising as they think all this through, and they will have to manage it carefully. In some cases, where the demand is very high, schools may struggle get all the children fed in 30 minutes—lunchtime is normally longer than that. That is one reason why Magic Breakfast is calling for advice and guidance, which I hope the Minister will consider.
Amendment 27 asks for a report on funding, because there is still a lot of uncertainty around that. According to a report by the Institute for Fiscal Studies last year:
“Based on the experience of the national school breakfast programme, the estimated annual cost today would be around £55 per pupil…for food-only provision and double that (around £110) for a ‘traditional’ before-school breakfast club. Labour’s manifesto offers £315 million overall in 2028; this could be enough to fund all primary school pupils under a food-only model, or 60% of pupils if the party plumps for a traditional breakfast club with some childcare element.”
The Government are just at the pilot stage, and we just want to make sure that the lessons are learned about the very real costs of this policy in different places and settings, be that for on-site provision, off-site provision, expensive or cheaper places to live, or small rural primaries. They will all have different costs and the funding will have to reflect that.
Hopefully all of these problems are surmountable, as this is obviously a good thing, but we want careful monitoring to make sure that the policy is actually making changes and having the positive impacts that people hope for, and to avoid any unintended consequences.
It is a pleasure to serve under your chairmanship this morning, Mr Stringer. We live in a country where, according to the Joseph Rowntree Foundation, three in 10 children are growing up in poverty, and I know from talking to school leaders up and down the country that one of the biggest challenges that teachers face in the classroom is poverty outside the classroom. I do not think that anybody could disagree with the intent of ensuring that children are well fed and ready to learn and start the school day, but I have questions regarding how the provisions of the Bill will be delivered. Some have already been touched on by the shadow Minister, the hon. Member for Harborough, Oadby and Wigston.
First, on practicalities, in our oral evidence session, Nigel Genders, the education officer for the Church of England, said that 65% of small rural primaries are Church of England schools. I asked him about the practicalities of delivering this scheme, and he said:
“there will be particular challenges in small schools in terms of staffing, managing the site,”
and pointed out that there are economies of scale for the large trusts, but not when
“a school…has 40 or 50 children, one member of staff and probably a site manager.”––[Official Report, Children’s Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 66, Q142.]
How is that going to be delivered? I appreciate that there will be pilot schemes, but that is a big question that needs to be answered. Others have raised similar concerns about resourcing.
Secondly, although it remains to be seen how the pilots work out, given the immense financial pressure that so many schools find themselves under, I cannot stress strongly enough to Ministers how important it is that sufficient money is provided to deliver this programme. We cannot have “efficiencies” being found elsewhere—in terms of teaching staff and other activities that the children would normally get—to fund this. When the Mayor of London rolled out free school meals to all primaries, which I strongly supported, I laid down the same challenge to him. Sadly, the universal infant free school meal funding under the previous Government was very seldom uprated, and I know that schools in my constituencies were trying to trying to find money from other pots to fund it. Proper Funding is absolutely critical. In fact, the Association of School and College Leaders said in its written evidence that many of its members “remain to be convinced” that the money being allocated will be sufficient.
My third concern also relates to some of the oral evidence that we heard last week: when we have such scarce resources, as we are told every single day by the Chancellor and Ministers across Government, why are we not targeting our resources at those most in need? Kate Anstey, from the Child Poverty Action Group, said:
“take-up of breakfast clubs or different schemes is around 40%, whereas the vast majority of children are in school for lunchtime.”––[Official Report, Children’s Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 98, Q217.]
As a London MP, I can tell hon. Members that children in temporary accommodation are often placed extremely far away from where they are at school. In the case of Twickenham, they are often placed in Croydon or Slough—all over the place—so they are spending 90 minutes, and sometimes longer, getting to school. Many often miss the start of the school day because of transport issues. They are the most needy and vulnerable children, and the chances of them actually being in school to get that breakfast are slim, so as ASCL did, I question whether this provision
“will actually attract those children who would most benefit from it.”
That is why, as the Minister is aware because I have tabled a new clause to speak to this, the Liberal Democrats’ long-standing policy is that we should actually be extending free school meals and providing a hot, healthy meal at lunch time, when children are definitely going to be in school, to all the poorest children in both primary and secondary schools.
I suspect we will touch on this issue when we discuss the next clause, but I will mention now that I was slightly alarmed that proposed new section 551B(5) of the Education Act 1996 says that the food will
“take such form as the appropriate authority thinks fit.”
I recognise that there are school food standards, but I am a bit worried that that might just be a piece of toast and perhaps, if children are lucky, a bit of fruit. Can we ensure that there is strong guidance on the nutritional value of what is being provided?
Finally, on the subject of 30 minutes being the minimum amount of free time, if lots of schools only offer the minimum, and lots of parents have an hour-long commute to work, or even longer than that, 30 minutes will not meet that childcare need. I am worried about the interaction with paid-for breakfast clubs if a parent is having to drop off at 7.30 am, but the free breakfast club does not start until 8 o’clock. Does that mean they get that last 30 minutes for free, but they pay for the first bit? How will that work logistically?
I welcome what the Minister said about protecting the existing programme in secondary schools for a further year. My hon. Friend the Member for Harborough, Oadby and Wigston is quite right that schools and families will want to know about much more than just next year, but I appreciate that the expectation is that the certainty will come in the spending review. I hope the same will also be true for the holiday activities and food programme.
Of course, breakfast clubs in school is not a new idea. There are, as the Minister said, 2,694 schools in the national school breakfast club programme, serving about 350,000 pupils. That programme is targeted according to the deprivation of an area, with eligibility at the whole-school level in those areas, and provides a 75% subsidy for the food and delivery costs.
There are many more breakfast clubs than that, however; it is estimated that the great majority of schools have some form of breakfast club. Many clubs, of course, have a modest charge, but if a child attending that breakfast club is helping a parent on a low income to be able to work, typically, that breakfast club provision, like wraparound care provision, would be eligible for reimbursement at up to 85% as a legitimate childcare cost under universal credit. That 85% is a higher rate than was ever available under the previous tax credits system. Some schools also use pupil premium to support breakfast clubs, and there are also other voluntary-sector and sponsored programmes.
From a policy perspective, overall, there are two big objectives to a breakfast club. The first is, of course, to help families with the cost of living, and the other is about attendance. Attendance is an issue in primary and secondary school, but we must remember that it is more of an issue in secondary school, and it is more of an issue the lower people are on the income scale. That is why the national school breakfast club programme runs in secondary as well as primary schools, and why it is targeted in the way that it is.
I also want to ask a couple of questions, as the hon. Member for Twickenham and my hon. Friend the Member for Harborough, Oadby and Wigston just did, about how the timings work and about the minimum of 30 minutes. The many schools—perhaps 85% of them—that already have a breakfast club quite often have it for longer than 30 minutes. What should they do? Should they charge for the bit that is not the 30 minutes but have 30 minutes that are free? That is perhaps not in the spirit of what we mean by a universally free service. If they have a paid 45-minute breakfast, would they also have to offer an option to just come for the 30 minutes and have that for free?
Will the right hon. Gentleman give way?
Of course, especially if the hon. Lady has the answer.
I want to comment more from my own experience, because I used to be a pre-school chair. When the free hours came in for pre-school, they did not cover the full time that the child would be there, so mechanisms were put in place where some elements of the time were free and some elements were not. That sort of arrangement for operating such a system has been around in the sector for quite a while.
It has, and it has also been very controversial in many cases for pre-school provision, as the hon. Lady will know.
I also want to ask about the costs and reimbursements, which amendments 26 and 27 speak to. The Government, before they were in government and probably since, talked a lot about saving families £400 a year. In my rough maths, if we take £400 and divide it by 190 school days—[Interruption.] Oh, it is £450. Well, I am not able to adjust my maths live, so the answer will be slightly more than the number I give now. My maths gave me £2.10 a day. That seems to be somewhat different from the figures that schools are actually being reimbursed in the pilot programme, so I hope for some clarity on this point.
The details of the early-adopter programme talk about an initial set-up cost of £500, a lump sum of £1,099 to cover April to July and then a basic rate being provided per pupil. There is a different rate depending on whether the child is what is called FSM6—eligible for free school meals previously—if I have read the details correctly. I am not clear why the unit cost of a breakfast would be different between those two groups of children, but perhaps the Minister could fill me in.
Even at the higher rates—the FSM6 rates—there seems to be quite a gap between that and £2.10, or the Minister’s slightly higher figure, when it is £450 divided by 190 days. Obviously, part of that may be made up of savings from bulk purchasing and so on, but it still seems quite a gap, if I have understood the numbers correctly. I hope the Minister can help me to understand.
When I was a governor of a primary school, I found that an unintended consequence of underfunded breakfast clubs was parents accruing ludicrous amounts of debt. There are no circumstances in which the school would have turned away the child, but that does not bode well for a policy that is about supporting parents who are hard up. If parents are forced to pay for the breakfast club and accrue huge amounts of debt, we know that is very bad for their mental health and for their general wellbeing. I do not know whether the Minister has anything to say on that point, but I am sure my right hon. Friend will agree.
As ever, my hon. Friend makes an important point. My worry is that, in a couple of years’ time, when Members sitting on both sides of this Committee Room get emails about the funding pressures on schools—because, spoiler alert, there will still be funding pressures on schools—breakfast clubs will be one of the factors contributing to those pressures, if this programme is not fully funded or almost fully funded. I wonder whether the Minister will say on the record that it is his expectation that this programme will, like the national school breakfast club programme, cover at least 75% of the actual cost of provision.
I thank all right hon. and hon. Members for their interventions. Members will appreciate that future funding decisions are subject to the spending review, but they can have the assurance from me today of the commitment that we have already made with regard to secondary school inclusion in the national school breakfast club programme and, indeed, my recently announced confirmation of more than £200 million for the holiday activities and food programme for the next financial year.
The shadow Minister made a number of points regarding schools currently on the national school breakfast club programme. Funding was confirmed in the previous Budget, which will ensure that that programme continues to at least March 2026. Subject to the will of Parliament, schools with children from reception to year 6 will transition from the existing programme to the new offer of free breakfast clubs lasting at least 30 minutes. The timing of the national roll-out will be confirmed in due course. Schools moving from the national school breakfast club programme to the new offer will be supported in that transition. Further details on the programme will follow after the conclusion of the spending review.
The shadow Minister asked a number of questions about when the duty will commence. Legislating breakfast club provision in this Bill will give schools the certainty that they need for the future. The national roll-out and commencement of this duty will be determined in 2025 after the spending review. National roll-out will also be informed by the assessment of the early-adopter phase of the roll-out, which will help us to test and learn how best we can support schools to implement their duty and overcome the barriers that they might encounter. As the Committee will know, we must go through the appropriate spending review process before committing to a date for national roll-out.
With regard to the shadow Minister’s points about data and impact, he should be assured that we will absolutely be collecting data from schools—the sort of data that his amendment 26 outlines on breakfast club provision. I also give a firm commitment today to Parliament that we will be publishing the outcomes of the early-adopter programme and the data on the national roll-out; it is crucial for the programme’s success to have robust data on the clubs in the public domain. Our grant for early adopters already realises that intent. With over 750 early adopters, we will be regularly monitoring delivery, including the roll-out and take-up of breakfast clubs.[Official Report, 10 February 2025; Vol. 762, c. 2WC.] (Correction) That shows our commitment to the effective monitoring and evaluation of the programme.
We will also seek to understand how those schools are implementing the breakfast clubs, what barriers and enablers exist, and what the perceived outcomes are. We will also gather data to allow an assessment of the impact.
I have respect for the insight and experience of the right hon. Member for East Hampshire, but I ask the Minister whether one of the goals of the free breakfast clubs is to ensure that children, particularly those from hard-up backgrounds, are in a position to be ready to learn, so that they can start the school day with a hungry mind, not a hungry belly. The right hon. Member for East Hampshire made a point about the current provision of free breakfast clubs, but in my constituency of Bournemouth East, we have remarkably few. There is a real inconsistency in provision across our country. On that note, I will make a special call for schools in Bournemouth East to be among the early adopters. I thank the Minister for his response.
I am afraid that my hon. Friend needs to remain patient in waiting for the confirmation of which local authority areas will have early adopters, but I know that he has been a tireless champion on these issues. I promise that he will not have to wait much longer to know which schools in his patch may have a breakfast club.
This scheme will make a huge difference to children’s lives. We know that it will put more money in the pockets of parents, but also, as I mentioned earlier, that it will be good for attendance, attainment and behaviour. Research out today demonstrates the impact and the challenge that we face to make sure that children do start school ready to learn.
I want to make about point about attendance and the evidence that suggests progress. I agree with my hon. Friend the Member for Bournemouth East that is about children’s bellies being full and them being able to learn in the best part of the day. It is also a calming part of the day. It allows parents, if they have an infant and a junior, to drop them off—they could do the infant first, and the junior next. It also helps our parents to go to work. Evidence also suggests that breakfast clubs can help children to make up to two additional months of progress in their core reading, writing and maths skills because they are, as my hon. Friend said, ready to learn.
My hon. Friend speaks with real authority on these issues as a former teacher. I know that she will be very excited about breakfast clubs coming to her new constituency of Portsmouth North. Attendance is a key priority for this Government, and it goes right to the very top—the Prime Minister has set out that he is also keen to make attendance a key priority. Children have to be in school to learn the skills that they need for life and work. I know that breakfast clubs will make a big difference in making that happen.
I am a previous chair of governors and I have worked as an education welfare officer. Do you agree that punctuality also comes into the issue of attendance? If children come into school earlier for breakfast clubs, they are in class, which minimises the risk of disruption to other students’ learning and to teachers presenting their lessons.
I thank my hon. Friend for his time as a school governor. Governors across the country do such important work holding headteachers to account and supporting them in the difficult challenges that they face. He made an important point about punctuality. We know, of course, that if a child is accessing a breakfast club, it hopefully gets them to school on time. I know that he has been a real champion of those issues in his constituency.
We have just heard how passionate Labour Members are about the difference that breakfast clubs will make, and that is why we are so excited to roll them out through this legislation. We will learn from the early-adopter scheme, which will inform the monitoring and evaluation plan for the national roll-out. For that roll-out, we will ensure that there are appropriate arrangements for the collection of breakfast club data from schools and for the evaluation of the programme.
The hon. Member for Twickenham made a number of helpful points on the practicalities of funding our ambitions for children and young people. The new breakfast clubs and the benefits that they will bring to children and families up and down the country are a top priority for this Government. We will therefore, of course, provide funding to cover the new duty, including for the costs of nutritious food and staffing. Moreover, informed by our early-adopter scheme, we will support schools who face delivery challenges to find the right approach for their school, pupils and parents. Schools will absolutely not be left to do this alone. As I mentioned, from April this year, before this duty comes into force, we will work with up to 750 new breakfast clubs in schools across the country.
The right hon. Member for East Hampshire mentioned that many schools already have breakfast clubs. I regularly visit schools in Derby North and recently visited Cavendish Close junior academy, which already provides a breakfast club. Staff there were confident in their ability to scale up; in fact, they are excited to do so and welcome the opportunity. Does the Minister agree that this clause will open up the benefits of breakfast clubs to all our children in primary schools and that that represents a massive step forward?
I thank my hon. Friend for that intervention. She speaks very eloquently about the benefits this will bring to parents. Those benefits will include not only £450 back into the parent’s pocket but more childcare choices. I know that she is excited about this programme being rolled out in her constituency. To summarise the points on funding, we are keen to learn from the early adopters and feed that into our ongoing support programme for schools.
A number of hon. Members, including my hon. Friend the Member for Portsmouth North, raised points about the impact on attendance. Breakfast clubs have been proven to ensure that every child starts the day ready to learn by improving attendance, behaviour and attainment. The Magic Breakfast evaluation reported that the improved attendance of children at schools with breakfast clubs was equivalent to 26 fewer half-days of absence per year for a class of 30, and research by the Education Endowment Foundation showed that there was up to two months of additional progress from key stage 1 to key stage 2. Schools that have offered free universal breakfast clubs have told us that they make a huge difference. For example, Burton Green primary school in York reported significant improvements in punctuality, children more settled for lessons and improved behaviour, especially for pupils with SEND.
I assure hon. Members that I understand that absence is a key barrier to learning. For children to achieve and thrive, they need to be in school. We are doing lots to support that, including making attendance guidance statutory last summer, requiring schools to return data through our attendance data tool, and working with our attendance ambassador, Rob Tarn, to develop an attendance toolkit. We have also expanded the attendance monitoring programme to reach 1,000 more children, and have invested £15 million to expand that programme, which provides targeted one-to-one support for students who are persistently absent. I commend the clause to the Committee.
Before we move on, I will say that I suspect that some hon. Members wanted to speak earlier. I will select Members to speak only if they bob. Members can speak after the Member proposing the motion has replied to the debate. The proposer then has the opportunity to reply, so it is easier if all Members have spoken by then. I had the impression that at least two Members wished to speak and therefore made slightly overlong interventions. I remind Members that interventions should be short and to the point.
While I am being pedagogic, I note that Members have once or twice involved me in the debate. Please avoid saying “you”, because I do not have an opinion on these matters.
Amendment 6 agreed to.
Clause 21, as amended, ordered to stand part of the Bill.
Clause 22
Food and drink provided at Academies
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss new clause 41.
I am grateful for the opportunity, afforded by the new clause suggested by my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), to discuss compliance with school food standards.
It is important that children eat nutritious food at school, and the Department encourages schools to have a whole-school approach to healthy eating. The standards for school food are set out in the Requirements for School Food Regulations 2014. They ensure that schools provide children with healthy food and drink options, and that children get the energy and nutrition that they need across the school day. School governors and trustees have a statutory duty to ensure compliance with the school food standards. The existing regime involves school governors and trustees appropriately challenging the headteacher and senior leadership team to ensure that the school is meeting its obligations, and we want to support governors to work confidently with school leaders to ensure that the standards are met.
The Department for Education, with the National Governance Association, launched an online training pilot on school food for governors and trustees in November last year. The pilot, which will run until the end of May 2025, is designed to test the feasibility of using an online training platform to make information on school food available to governors and trustees in an accessible and flexible way. We will soon be evaluating the effectiveness of the training programme to determine whether it could be a valuable resource in the long term.
As well as supporting governors and trustees, we need a compliance regime that ensures standards are met without creating undue burdens. We note the findings of the compliance pilot run by the Department and the Food Standards Agency during the 2022-23 academic year, and we are working with the FSA on the next steps. Although the pilot demonstrated that food safety officers could conduct checks of school food standards during routine food hygiene inspections in schools, further consideration is needed of how non-compliance should be handled. Implementing that kind of monitoring arrangement nationally would require new funding, but more importantly, it is unlikely that it would be effective if the barriers identified in the pilot remained unaddressed. We want to work with the sector to understand how we can best overcome the challenges. For those reasons, I hope the new clause is not pressed.
We are committed to raising the healthiest generation ever. We have already laid secondary legislation to restrict television and online advertisement of less healthy food and drink to children and announced changes to the planning framework for fast food outlets near schools. We are also committed to banning the sale of high-caffeine energy drinks to under-16s, for which we will set out plans in consultation in due course.
Clause 22 formalises the long-standing position that all schools should comply with the school food standards across the whole school day. The clause is a technical measure, as academies are already well versed in the standards, and this legal change simply confirms long-standing policy. All academies have had to comply with standards for lunchtime provision; but for some academies there is a regulatory gap in respect of food served outside lunch. The clause will close that gap and ensure that the food served at breakfast clubs is healthy and nutritious, giving pupils the energy they need to get the most from their school day.
I want to stress the concerns I expressed in my previous remarks about the quality and nutritional value of the food that will be offered. I recognise that school food standards are in place, but although the recent House of Lords report on obesity welcomed the introduction of school breakfast clubs, it strongly recommended that the Government review and update the school food standards, and one of the witnesses this Committee heard said that schools should be given clear direction on what is and is not acceptable.
It is important that our children do not get high-fat, sugary or minimal nutrition provision from the breakfast clubs. When it evaluated the breakfast offer at 17 primary schools in Yorkshire, the Food Foundation found that fruit and water were not always offered at breakfast. Such things should be addressed. I hope that as the guidance is rolled out, more detail will be provided, but I urge the Government to consider the recommendation to review school food standards as they roll out breakfast clubs.
I thank the hon. Member for Twickenham for her contribution; this is an issue that I know she cares passionately about. As I mentioned, the early adopter programme for breakfast clubs will give us an opportunity to test and learn, and to make sure we implement a national scheme based on really good, nutritious food. Governing bodies have a duty to ensure that the standards for school food set out in the Requirements for School Food Regulations 2014 are complied with, and they should appropriately challenge the headteacher and senior leadership team to ensure the school is meeting its obligations.
I believe we are making quick progress to deliver breakfast clubs in every primary school, with 750 early adopters. We recently published early adopter guidance to provide support to schools on these issues, which includes support and advice on a healthy, balanced breakfast offer. It is important that children eat nutritious food at school, and the school food standards define the foods and drinks that must be provided and those that are restricted. As with all Government programmes, we will keep our approach to school food under review.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23
School uniforms: limits on branded items
I beg to move amendment 87, in clause 23, page 44, leave out lines 22 to 29 and insert—
“(1) The appropriate authority of a relevant school may not require a pupil at the school to have to buy branded items of school uniform for use during a school year which cost more in total to purchase than a specified monetary amount, to be reviewed annually.
(1A) The Secretary of State may by regulations specify the monetary amount that may apply to—
(a) a primary pupil; and
(b) a secondary pupil.”
With this it will be convenient to discuss the following:
Government amendment 7.
Amendment 29, in clause 23, page 44, line 23, leave out “have” and insert “buy”.
This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.
Amendment 59, in clause 23, page 44, line 24, leave out “three” and insert “two”.
Amendment 30, in clause 23, page 44, line 26, leave out “have” and insert “buy”.
This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.
Amendment 60, in clause 23, page 44, line 27, leave out “three” and insert “two”.
Amendment 61, in clause 23, page 44, line 28, leave out from “year” to end of paragraph.
Amendment 31, in clause 23, page 44, line 29, at end insert—
“(1A) The appropriate authority of a school may require a pupil to buy or replace branded items which have been lost or damaged, or which the pupil has grown out of.”
This amendment would enable schools to require pupils to replace lost or damaged branded items.
Amendment 32, in clause 23, page 44, line 40, at end insert—
“except PE kit or other clothing or items required as part of the school’s provision of physical education lessons”.
Amendment 91, in clause 23, page 44, line 40, at end insert
“except items of kit required when representing the school in sporting activities”.
Government amendments 8 to 10.
Clause stand part.
New clause 35—VAT zero-rating for certain items of school uniform—
“(1) The Secretary of State must, within 6 months of the passing of this Act, make provision for certain items of school uniform to be zero-rated for the purposes of VAT.
(2) For the purposes of this section, ‘certain items of school uniform’ means items of school uniform for pupils up to the age of 16.”
New clause 56—School uniforms: availability of second-hand items—
“(1) The appropriate authority of a relevant school must ensure that second-hand items of school uniform are made available for sale to the parents of pupils or prospective pupils.
(2) Second-hand items of school uniform may be made available for sale so long as the items—
(a) comply with the school’s current uniform requirements;
(b) are in an acceptable condition; and
(c) can be purchased for significantly less than the cost of buying the same item new.
(3) The appropriate authority must make information on the purchase of second-hand items of school uniform easily available on the school’s website.
(4) In this section—
‘the appropriate authority’ means—
(a) in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;
(b) in relation to a maintained school, the governing body;
(c) in relation to a pupil referral unit, the local authority;
‘relevant school’ means a school in England which is—
(a) an Academy school;
(b) an alternative provision Academy;
(c) a maintained school within the meaning of section 437(8) of the Education Act 1996;
(d) a non-maintained special school within the meaning of section 337(A) of the Education Act 1996;
(e) a pupil referral unit not established in a hospital.
‘school uniform’ means any bag or clothing required for school or for any lesson, club, activity or event facilitated by the school.
‘second-hand items’ means items of school uniform which have previously been owned by another pupil, subject to subsection (2).”
I rise to speak to amendment 87, which stands in my name and those of my hon. Friends.
My party and I strongly support the objective of clause 23—to bring down or minimise the cost of school uniform for hard-pressed families up and down the country. We know that the cost of uniform causes a lot of hardship: it impacts school attendance when children do not have the right items of uniform, and we heard during our oral evidence sessions and have seen in some of the written evidence that children are regularly sent home from school if they do not have the right uniform, which I personally find outrageous considering the current attendance crisis. The intent behind this clause is absolutely right; my concern is how the Government have gone about it.
I have two concerns. The first is that, if a number of items are set out in legislation—three or four, depending on whether it is primary or secondary—there is nothing to stop the overinflation of the prices of those items. We could end up in a situation in which, for the sake of argument, three items cost £100 each. There is nothing to stop that happening, so I do not think the provision will necessarily rein in the cost of branded items for families. Secondly, it grates with me as a liberal to have such detailed prescription in legislation about how schools operate and the decisions that school leaders take on the number of items that can be branded.
Amendment 87 sets a cap on cost rather on the number of items, and that would be reviewed and updated through secondary legislation every year to keep it in line with inflation. Schools that want to have more branded items but cannot fit it within the cost cap could sell branded logos that can be sewn on to basic uniform items bought in supermarkets, such as plain jumpers and shirts and so on. I have to say, as a parent of small children, I do not fancy the idea of doing lots of sewing, but I am sure there are more innovative ways to iron on logos and suchlike.
The Association of School and College Leaders expressed the concern on behalf of their members in their written evidence that driving down the number of items and being so prescriptive might have the opposite effect, particularly with PE kit. Children, particularly teenagers subject to peer pressure, might compete to wear more expensive sporting items.
Setting a cap in monetary terms rather than on the number of items, addresses the two issues of overinflation and of over-prescription in legislation. It also has the benefit of being an effective market intervention, because it helps to drive down the costs of suppliers competing for school contracts for schools that want to be able to provide more branded items. That is a much more sensible way of approaching the issue and tackling a problem that we are united in wanting to tackle.
New clause 35 concerns a simple matter of fairness. I cannot understand why the zero rate of VAT applies only on clothing for children up to the age of 14 and that parents have to pay VAT on school uniform for children who are larger or who are over 14. Dare I say it—this is one of the few benefits of Brexit.
Press release!
Press release—there we go! This is a rare benefit of Brexit: we have the freedom to apply a zero rate of VAT on school uniform up to the age of 16. It is a basic issue of fairness. If the Government want to drive down the cost of uniform, this is a simple thing for them to address.
There is a uniform shop, Uniform Direct, in my constituency in Derby, which was opened by Harvinder Shanan. Like me, she is a mum of three. She is determined to drive down the costs of school uniform and understands the financial pressures that local families face, particularly with the cost of living crisis that the last Government left us in. Her small business has been able to reduce the cost of items. She told me about how in one instance, when she began to supply a school, she was able to bring the cost of their blazers down from £75 to £25.
I note that the majority of the schools that Harvinder Shanan supplies are already compliant with the limitations on the number of branded items that the Bill imposes. If many can reduce, or have already reduced, the number of branded items, I am concerned that amendments seeking exceptions would fundamentally undermine the purpose of the clause, which is to bring down the costs of school uniform that families have to bear. Some providers might seek to increase the costs of branded items. Consideration of a cost cap was asked for, to limit the amount of money that could be charged. I invite the Minister to keep the clause under review and to keep all options open, should the cost of branded uniform items rise.
Turning to new clause 56, the hon. Member for Harborough, Oadby and Wigston indicated a shared concern about prescription for schools, which seems somewhat at odds with the prescription sought through the new clause, which would prescribe details of how second-hand items might be made available down to what is on school websites. My concern is that the detail of that provision would impose so much prescription that when there are new items of uniform, second-hand items simply would not be available.
In total, the clause represents a huge saving for families in Derby North and across the country. I greatly welcome the provision.
I find myself in great agreement with much of what the hon. Member for Twickenham said about the danger that this provision will turn into a piece of backfiring micromanagement. The Opposition have made that point and, indeed, we have heard Labour Members make the same point. We are not in a position to make a fiscal commitment today, but I thought that that the hon. Lady made a good point about VAT. I found myself agreeing with more and more of what she was saying and then, towards the end, when she started talking about potential Brexit benefits, I realised we were really through the looking glass. Remarkable moments here today—incredible scenes.
To describe our amendments in brief, amendments 29 and 30 say that schools can have items that parents do not have to pay for, and amendment 31 clarifies that it is three at any given time. Schools can require replacement of lost items; amendment 32 exempts PE kit, and amendment 91 exempts school sports team kit. New clause 56 is a positive suggestion to make schools offer old uniform to parents. As the hon. Member for Twickenham said, we do not particularly want to be prescriptive, but if we are going to be, we might as well do it in sensible ways. That builds on the previous guidance.
When I was a school governor, which was mainly under the previous Labour Government, I was struck by the flood of paper that came forth every week from “DFE Towers”, the Sanctuary Buildings. That flood abated a little after 2010, although probably never enough. Sometimes, I wondered whether we had more ring binders with policies in than we had children; but that might soon seem like a golden age, because under new Ministers, the urge to micromanage seems to be going into overdrive.
Our guidance, introduced in 2021, encouraged schools to have multiple suppliers, and it was focused on generally holding down costs, as the hon. Member for Twickenham pointed out. Parents are in fact spending less in real terms on school uniforms overall than they were a decade ago, according to the DFE’s own survey. The DFE found that average total expenditure on school uniform overall was down 10% in real terms, compared with 2014.
Does the shadow Minister agree with a 2023 report by the Children’s Society which showed that school uniform costs were another burden on families, impacting on children’s education, to the point that 22% of parents were reporting that their child was experiencing detention for breaching uniform policies, and one in eight had been placed in isolation? Last year, the Children’s Society surveyed parents again and found that two thirds were finding uniform costs unaffordable, which is not surprising given the cost of living crisis affecting so many parents. The hon. Member speaks as a former school governor and therefore with deep experience. Does he agree that we need to reduce the cost of uniforms, because parents are struggling and, as a consequence, children’s education is suffering too?
That is a very helpful intervention, because it lets me say what I was about to say next. We obviously want to reduce the cost of school uniform, but really, we want to reduce the cost of clothing children overall. If we have the kind of backfiring effects that a number of Members on both sides have pointed out, we will not achieve that.
Looking at the cost of branded items specifically, which is what the Government are in the business of trying to micromanage here, other surveys show that there has been a fall in their real-terms cost of about 25% between 2020 and 2024. The Government, however, are now planning to use complex, primary legislation to micromanage exactly how many items of uniform can be branded or specific. It will become the law of the land that a school
“may not require a primary pupil at the school to have more than three different branded items of school uniform for use during a school year”
or
“may not require a secondary pupil at the school to have more than three different branded items of school uniform for use during a school year (or more than four different branded items of school uniform if one of those items is a tie).”
We are about to make that the law of the land. This is micromanagement on steroids. The age of school freedom is clearly over and the age of ministerial micromanagement is back, back, back, as we will see in future clauses.
The shadow Minister’s new clause 56 sets out specific things in great detail. It seems really odd that he has a concern about micromanagement in light of the provisions he has tabled.
The hon. Lady is quite right to point out the tension between wanting to avoid micromanagement and saying that if we are in the business of prescription, we might do some sensible things. I wanted to offer a positive suggestion rather than simply critique what the Government are doing, which is why that is there. Indeed, a lot of schools are already doing it. I understand the hon. Lady’s point, but one reason why Whitehall micromanagement is a bad idea is that rules dreamed up by civil service mandarins in London often go wrong when they make contact with the real world. That is exactly what has happened here.
I have no doubt that Ministers’ intentions for clause 23 are good, but it will have the opposite effect to the one they intend. It may well make things more expensive for parents—not less. That will hit many schools. Ministers said, in answer to a written question, that
“based on the Department’s 2023 cost of school uniforms survey of parents, we estimate that one third of primary schools and seven in ten secondary schools will have to remove compulsory branded items from their uniforms to comply”.
Instead of measures the Government could have brought forward in the Bill—things that the polls show are teacher priorities such as discipline, as Teacher Tapp shows—we will have at least 8,000 schools spending their time reviewing their uniform policy.
Worst of all, this may well end up increasing costs for parents overall. Many secondary schools will respond to this new primary legislation by stopping having uniform PE kit, at which point, highly brand-aware kids will push parents to have stuff from Adidas or Nike or whatever instead, which will be more expensive. What do we think that school leaders will get rid of in response to the new rules? We know that according to the Government, lots of them will have to change their uniforms in response to this.
In a poll of school leaders last year, more than half said that the first things they would remove in the event of such restrictions would be PE kit, but uniform PE kit is cheaper than sportswear brands; it is nearly half the price for secondary school kids. I worry that the Government have a sort of tunnel vision here. They want to cut the cost of uniform, but we really want to cut the cost of clothing children overall. The problem is that when we get rid of uniform, particularly PE kit, what will fill the space is often more expensive and worse.
I speak as a parent of a child at a secondary school with branded PE kit, so I have some interest in this. Maybe my understanding is wrong, but surely any responsible school following this becoming law, as I hope it does, would still have a uniform? Uniform does not have to be branded to be uniform. This would not necessarily mean that it would be a free for all and that children would be encouraged to turn up in all sorts of branded sports gear. They can still wear plain sports clothes that are uniform and are not hugely expensive or branded by international sportswear brands.
That is an incredibly helpful point, because it leads me to the point that the word “branded” here is being used in a very specific way, which is not a particularly natural meaning. Anything specific or anything where there is only a couple of shops that sell it will count as branded. For example, I think of the rugby jumper that I used to wear when I was doing rugby league in Huddersfield in the 1990s. It was a red jumper with a blue stripe. If it was freezing cold and snowing, I could reverse it. That jumper was branded. It did not have any brand on it—it was not sportswear—but anything like that is captured in the provision. I also remember that when I was at school, in summer we had very unbranded clothing. The school said, “You can have a black T-shirt.” What happened? Everyone had a black Nike or Adidas T-shirt, so more expensive stuff fills the space.
Let us take a worked example and think about the primary school that my children go to, which is typical. They have a jumper and a tie in the winter. My daughter has a summer dress. They have a PE hoodie, a PE T-shirt and a plastic book bag, so they are a couple of items over the limit. Our children are at a really typical state primary, so which of those items do Ministers want them to drop?
It is up to the school.
If they drop the book bag, other bags will likely be more expensive. My kids are quite young, so they are not very brand-aware, but we will end up with a request for a branded bag and something more expensive. [Interruption.]
Order.
If we get rid of the PE tops for the older kids, we will end up with branded sportswear stuff. [Interruption.] If Members want to intervene, they can do so.
I watched the kids in a London secondary school arriving for school the other day, and it was really apparent from watching them that the expensive thing for their parents was not the uniform, but the expensive branded coats that they were wearing over them. All the fashion brands were on display. I worry that we are missing the pressure that is put on parents to get this stuff when we take out uniforms. It is ironic that the word used in the legislation is “branded” school uniform, when fashion brands—real brands—will fill the space that Ministers are creating by trying to micromanage schools.
I will talk about sports teams and amendment 91, which I will press to a vote. There is a specific problem here. The explanatory notes to the Bill state that an item of branded uniform will be considered compulsory if a pupil is required to have it
“to participate in any lesson, club, activity or event facilitated by the school during that year. This means that it includes items required for PE and sport. This applies whether the lesson, club, event or activity is compulsory or optional (i.e. even if an activity is optional, if a pupil requires a branded item of uniform to participate”,
it will count towards the cap. It is clear that that means that if there is a sports team and it has a kit, that would count towards one of the three branded items. The explanatory notes make that absolutely clear.
If there is more than one school team, the problem is even worse. If a school had a sports team for athletics, rugby, swimming, football or whatever it might be, pupils would use up the entire limit of items doing that. This is effectively as good as a national ban on having school sports team kits. This is micromanagement gone wrong.
Will the hon. Gentleman give way?
I would also welcome an intervention from the Ministers if they want to say why this is wrong.
Having taught in schools and had schools sports teams, we have kits within the school. When pupils represent their school teams, the kits are washed and given out to the children, because that means that all children get a chance to participate. Schools might not have the same football or rugby team. Those kits belong to the school and are taken in and washed, so it does not stop children of all abilities and backgrounds representing their school.
That is another hugely helpful intervention, because it lets me say two things. First, the clause as drafted does not help, because it uses the words “to have”. Unless the Government accept our amendments, the fact that the kits are being given does not make any difference, because the legislation does not say that. Secondly, there is an implicit assumption in the hon. Lady’s intervention that all schools will, from now on, have to pay for all this themselves. It is generous of her to make the huge funding commitment to schools that she has just mentioned, but unfortunately I do not think that the Ministers have come up with the money to do what she says.
We know why there are school sports teams. We do not expect English, Scottish or Welsh football teams to have a single kit. There is a reason why teams have a kit, yet that will effectively be banned by the clause. Amendment 91, which I will press to a vote, would exempt school sports teams. The DFE’s current suggestion on what schools should do in this situation is to give pupils kit, as the hon. Member for Portsmouth North said, but even that would not work under the clause unless the Government accept amendments 29 and 30. We have also tabled the amendments because the Bill as drafted potentially bans schools from asking children to wear “more than three” compulsory branded items even if the school has provided them for free, which is obviously bizarre. That is why our amendment would change “have” to “buy”.
That brings me to amendment 31, which is a practical one to correct what I think is a drafting error. At the moment, if a child grows out of, or loses, or damages a branded item, then parents will not have to replace that item within the academic year because the Bill says that they cannot be asked to “have more than three” items during a school year. If schools are allowed to require three branded items, then they should obviously be allowed to require that those items are replaced otherwise, effectively, uniform policy becomes unenforceable.
Instead of all this backfiring micromanagement, our new clause 25 points toward a different, more effective way to reduce costs for parents. Some 70% of schools already offer second-hand uniforms. Our amendment just aims to get schools doing what many others already are. As the parent of primary school children, I know how much is already passed on from sibling to sibling and from family to family outside school, though that is something that is obviously much less likely to happen with non-uniform items.
Finally, it says in the notes of the Bill that parents can make a complaint to the Department and that
“The department will be able to act when it is found that a school has not complied with the limit”. I feel that Ministers should have better things to do with their time than to try and fail to micromanage schools and determine whether the PE kit at Little Snoddington primary school is compliant. After so many attempts at micromanagement, I just worry that this is going to backfire and the cost in the end to parents is going to be higher.
While I have the utmost respect for the hon. Member for Harborough, Oadby and Wigston, I want to draw his attention to the real world of parents, the cost of uniforms, the impact of negativity on pupils. As a former teacher and a parent of three lads who did not all go to the same school, so could not always have their clothes passed down, I am really pleased to see clause 23. We have heard from the Children’s Commissioner that this is an issue for so many children, through her big ambition conversation on behalf of children. We also see a BBC survey that notes how senior teachers, and I have been one of these, have helped parents buy uniform and have provided school uniform. That is done by so many staff in our schools across the country and it also shows the cost of the hardship that parents and families are under.
The Children’s Society also note in their support that this is “practical and effective”. They do not see it as red tape, as lines being drawn, or as schools being held to account. They actually see it as a real, practical and effective way to help children and to help parents afford uniform. It does not stop schools stipulating a school colour or a standard of uniform, relating to their own uniform policy. It stops uniforms costing the earth. Many parents have emailed me, and one parent said that they stagger the cost of uniform across the year—buying one now and getting another next time, when they get paid. That leaves children—I am guilty of it myself— wearing uniforms that are too big, and that they never grow into. Or worse still, if the uniform is passed down, it might be worn out because siblings have worn it, or a cousin has worn it, or a neighbour has worn it before donating it to the kids. The clause stops children feeling self-conscious and really uncomfortable in school. It gives them a sense of dignity while they are in their school place and—we all know— if they feel pride in who they are and feel confident, it helps with learning and with being able to take part fully in education.
Does my hon. Friend agree that what has been presented suggests that families must choose between branded uniform and fashion brands? Does this clause open up options for parents so that they can have more affordable uniform for their children and save the family money?
Absolutely, and it does not stop schools also having their own recycling for uniform, which many, many do. I will give a mention to the fabulous Penelope Ann, the only family owned uniform shop we have in Portsmouth, which works with schools to offer the best cost price they can on blazers and other uniform pieces to everyone across the city, allowing parents to top up, whether they want to buy trousers in that shop, or a supermarket, or go to another place to buy the extra uniform. In reality, three pieces of uniform could be a PE T-shirt, a book bag, and a school jumper. Those are three things that it could be, and that every child would be able to have. If they are in secondary school, it could be a blazer. It is on us to make sure. We have to check that schools are working with this. For example, Penelope Ann could offer schools a mark-up price on that blazer. It may well be that one school says, “No, thank you,” but that other schools do mark it up. It is for us to check and make sure that the reality is that every single child can wear a piece of uniform and feel part of their school.
In short, it is common sense. It makes uniforms affordable for all kids and it is what parents and children have been asking for.
We all share the objective of trying to keep costs down and reduce costs where possible. That is why we have guidance to schools on school uniform costs and why that guidance became statutory guidance. It is utterly extraordinary to talk about writing this level of detail about uniform policy into primary legislation.
In our previous days’ discussions on the Bill, we have said we will come back to all manner of really important things in delegated legislation, which can be more easily updated. For some reason, this measure needs to be written into an Act of Parliament.
The previous Government did take steps on uniform, but they are obviously not working, because parents are paying extortionate amounts of money for uniform. We need to look at what is going wrong. This is a way to help support parents.
If the Chair will indulge me, I will just read a brief extract of the statutory guidance:
“Parents should not have to think about the cost of a school uniform when choosing which school(s) to apply for. Therefore, schools need to ensure that their uniform is affordable.
In considering cost, schools will need to think about the total cost of school uniforms, taking into account all items of uniform or clothing parents will need to provide…
Schools should keep the use of branded items to a minimum.
Single supplier contracts should be avoided unless regular tendering competitions are run…This contract should be retendered at least every 5 years.
Schools should ensure that second-hand uniforms are available for parents to acquire”—
and that information needs to be readily available, and schools should
“engage with parents and pupils when they are developing their school uniform policy.”
I wonder about the word “minimum”. What is minimum? Is it 10 items, five items, 20 items?
What the guidance is saying to a headteacher is, “We trust you to be able to make judgements.” By the way, the Department gives guidance to schools on all manner of things, within which schools then make judgements on what is right, but it is statutory guidance, which means they have to have regard to every element in it.
I think it sounds like pretty good guidance. It is comprehensive. Unlike the clause that will become part of an Act of Parliament, it does not just focus on one aspect of cost. It talks about all the aspects.
The provision would not be in the Bill if the guidance was working. I have already made this comment. What tracking and monitoring has been done of the statutory guidance? It is obviously not working. We hear from parents who are being charged £100 for a blazer, or a rugby top, which has been mentioned—some of those are £50.
With deep respect, and I absolutely acknowledge the experience that the hon. Lady brings to the subject, there is nothing in the Bill to stop someone being charged £100 for a blazer. That is my point. It homes in on one aspect of the cost of kitting out a child to go to school and ignores the others.
I think the advice is good, and I wonder what makes the Government think that they can come up with a better formulation than trusting individual schools to make that decision—why they think they can come up with something that is going to work for 22,000 schools.
The hon. Lady says it obviously is not working. In the most recent school uniform survey done by the DFE in 2023, parents and carers were significantly more likely—twice as likely—to report that their school facilitated purchase of second-hand uniform. It had been 32% of parents, but now it is up to 65%.
My hon. Friend the Member for Harborough, Oadby and Wigston covered how the text as laid out in the Bill uses the word “branded”, but that includes not only where there is a school name or logo but if
“as a result of its colour, design, fabric or other distinctive characteristic, it is only available from particular suppliers.”
It covers rather more items than the lay reader might expect when talking about branded items.
There will be a maximum of three branded items in primary school, and four in secondary school if the fourth is a tie. What have the Government got against ties in primary schools? I put down a written parliamentary question on that, and I got an answer back that explained that the vast majority of primary schools do not have a tie. That is true—but some do. Why is it that Ministers sitting in Sanctuary Buildings think that because most do not have a tie, no one should be allowed to have a tie in year 6?
My hon. Friend the Member for Harborough, Oadby and Wigston already asked, and it is also in the amendment in his name, why the Bill specifies one cannot have more than three branded items, rather than require the purchase of more than three. The hon. Member for Portsmouth North outlined a case where the school might decide that a good use of its funds is to provide an item. It might not be sports gear—it might be a book bag—but as currently drafted, the school would not be allowed to do that.
The clause includes the phrase “during a school year”. That is peculiar wording. I do not know of any school that requires the use of uniform outside of the school year, so what is the purpose of that —what is it getting at? I presume that it means that there cannot be a summer uniform and a winter uniform, and not that it means one cannot replace an item part way through the year. First, it would be helpful to know that for sure, and secondly, it highlights again the craziness of writing that level of detail into an Act of Parliament. Schools are already obliged in the statutory guidance to ensure that uniform cost should not be a factor in school choice. Why not trust them to work out how best to do that, rather than have that level of prescription?
The hon. Member for Twickenham also made the point that the cost of uniform is not only about the number of items, but a mix of what the uniform is, the supplier price, the negotiation with suppliers, and the availability of second-hand uniform. Some schools will provide free uniform through a uniform exchange in certain cases. If I had to pick, I would contend that the bigger factor is the availability of second-hand uniform, rather than having one extra item. As I said earlier, many schools now provide that.
I also ask for clarity about optional items. For example, with a woolly hat, a school may say, “You do not have to have a woolly hat, but if you do, it should be a school woolly hat.” I am not clear whether that would be captured by the regulations. On the question of grandfathering, are we saying that from the moment that the Bill becomes an Act, the rules take effect whatever year in school someone is currently in, or are we saying that it applies to new entrants to key stage 1, key stage 2, year 7 or a middle school? If not, does that mean that a pupil already in school could say, “You can’t enforce your existing uniform policy on me”?
Ordered, That the debate be now adjourned.—(Vicky Foxcroft.)
Adjourned till this day at Two o’clock.
Children's Wellbeing and Schools Bill (Eighth sitting)
The Committee consisted of the following Members:
Chairs: Mr Clive Betts, Sir Christopher Chope, Sir Edward Leigh, † Graham Stringer
† Atkinson, Catherine (Derby North) (Lab)
† Baines, David (St Helens North) (Lab)
† Bishop, Matt (Forest of Dean) (Lab)
Chowns, Ellie (North Herefordshire) (Green)
Collinge, Lizzi (Morecambe and Lunesdale) (Lab)
† Foody, Emma (Cramlington and Killingworth) (Lab/Co-op)
† Foxcroft, Vicky (Lord Commissioner of His Majesty's Treasury)
† Hayes, Tom (Bournemouth East) (Lab)
† Hinds, Damian (East Hampshire) (Con)
† McKinnell, Catherine (Minister for School Standards)
† Martin, Amanda (Portsmouth North) (Lab)
† Morgan, Stephen (Parliamentary Under-Secretary of State for Education)
† O'Brien, Neil (Harborough, Oadby and Wigston) (Con)
† Paffey, Darren (Southampton Itchen) (Lab)
† Sollom, Ian (St Neots and Mid Cambridgeshire) (LD)
† Spencer, Patrick (Central Suffolk and North Ipswich) (Con)
† Wilson, Munira (Twickenham) (LD)
Simon Armitage, Rob Cope, Aaron Kulakiewicz, Committee Clerks
† attended the Committee
Public Bill Committee
Thursday 30 January 2025
(Afternoon)
[Graham Stringer in the Chair]
Children’s Wellbeing and Schools Bill
Clause 23
School uniforms: limits on branded items
Amendment proposed (this day): 87, in clause 23, page 44, leave out lines 22 to 29 and insert—
“(1) The appropriate authority of a relevant school may not require a pupil at the school to have to buy branded items of school uniform for use during a school year which cost more in total to purchase than a specified monetary amount, to be reviewed annually.
(1A) The Secretary of State may by regulations specify the monetary amount that may apply to—
(a) a primary pupil; and
(b) a secondary pupil.”—(Munira Wilson.)
Question again proposed, That the amendment be made.
I remind the Committee that with this we are discussing the following:
Government amendment 7.
Amendment 29, in clause 23, page 44, line 23, leave out “have” and insert “buy”.
This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.
Amendment 59, in clause 23, page 44, line 24, leave out “three” and insert “two”.
Amendment 30, in clause 23, page 44, line 26, leave out “have” and insert “buy”.
This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.
Amendment 60, in clause 23, page 44, line 27, leave out “three” and insert “two”.
Amendment 61, in clause 23, page 44, line 28, leave out from “year” to end of paragraph.
Amendment 31, in clause 23, page 44, line 29, at end insert—
“(1A) The appropriate authority of a school may require a pupil to buy or replace branded items which have been lost or damaged, or which the pupil has grown out of.”
This amendment would enable schools to require pupils to replace lost or damaged branded items.
Amendment 32, in clause 23, page 44, line 40, at end insert—
“except PE kit or other clothing or items required as part of the school’s provision of physical education lessons”.
Amendment 91, in clause 23, page 44, line 40, at end insert—
“except items of kit required when representing the school in sporting activities”.
Government amendments 8 to 10.
Clause stand part.
New clause 35—VAT zero-rating for certain items of school uniform—
“(1) The Secretary of State must, within 6 months of the passing of this Act, make provision for certain items of school uniform to be zero-rated for the purposes of VAT.
(2) For the purposes of this section, ‘certain items of school uniform’ means items of school uniform for pupils up to the age of 16.”
New clause 56—School uniforms: availability of second-hand items—
“(1) The appropriate authority of a relevant school must ensure that second-hand items of school uniform are made available for sale to the parents of pupils or prospective pupils.
(2) Second-hand items of school uniform may be made available for sale so long as the items—
(a) comply with the school’s current uniform requirements;
(b) are in an acceptable condition; and
(c) can be purchased for significantly less than the cost of buying the same item new.
(3) The appropriate authority must make information on the purchase of second-hand items of school uniform easily available on the school’s website.
(4) In this section—
‘the appropriate authority’ means—
(a) in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;
(b) in relation to a maintained school, the governing body;
(c) in relation to a pupil referral unit, the local authority;
‘relevant school’ means a school in England which is—
(a) an Academy school;
(b) an alternative provision Academy;
(c) a maintained school within the meaning of section 437(8) of the Education Act 1996;
(d) a non-maintained special school within the meaning of section 337(A) of the Education Act 1996;
(e) a pupil referral unit not established in a hospital.
‘school uniform’ means any bag or clothing required for school or for any lesson, club, activity or event facilitated by the school.
‘second-hand items’ means items of school uniform which have previously been owned by another pupil, subject to subsection (2).”
It is a pleasure to serve under your chairpersonship this afternoon, Mr Stringer. I was going to speak before the Committee adjourned this morning, and I have dwelled over that break on what to say, because I have been listening carefully to the Opposition spokespeople. I like to think that I strive to be reasonable and I do not want to be excessively party political.
indicated assent.
There are nods and laughs.
Sounds good, but I want to bring us back, if I may, to reality. We need to do that, because first, all of us in this room would acknowledge that the status quo is not working. I have been a school governor, I have sponsored a mental health project for children and young people, and I know just how hard teachers and support staff work. We all know how fantastic our schools are, but still the status quo is that parents are struggling, and children are suffering.
I was dwelling on what to say particularly because some of this is very personal to me; I grew up as a free school meals kid on a council estate caring for two disabled parents. It is only in recent times that I have started to talk openly about growing up in poverty— I would previously call it “financial hardship”, but that feels too clinical a term. I call it poverty, because if I am now an MP, it is my duty to speak truth and to try to show some inspiration to families locally who may be struggling. That does present its challenges, particularly in the conversations that I have with my mum, because she does not feel comfortable all the time with me talking about growing up in poverty. She feels that somehow it is her son’s way of saying that she did not do well enough, that she failed, and that she let him down in her duties. That shame persists.
I spoke with her last night about my role in this Committee, and what we were discussing and considering today. I told her what I would say if the opportunity arose, and we again navigated that difficult conversation, as I am sure I will do many times in the future. I had to bring it back to the point that she did everything she could; she loved and cared for her sons and tried her best, but ultimately the society that we live in held her back. Despite her best efforts, politics was not there to support her. If somebody at the age of 41, as I am, is having this conversation with their mum so many years later, imagine the conversations that might happen in 30 or 40 years’ time between parents and children, where a parent hears from their child as an adult that they did not get all they needed, and that somehow they were not able to achieve all that they may have wanted.
We need to bring it back to the real world, because, in truth, uniform costs are significant. When I speak with parents locally, they cite uniform costs as a reason why they cannot properly care for their children in the way that they want to. When I told my mum last night that I would be sitting in this Bill Committee, and that a Government would be moving forward with an Act of Parliament to cap the number of uniform items, that said a lot to her. It said that we had her back, that we did not believe that parents who did their best but were held back by poverty were to blame, and that they were not being shamed. For an Act of Parliament to cap the number of uniform items and to reduce the cost for families felt to her—as I know it will feel to many of my constituents—like a hugely symbolic step.
When we talk about politics as a place of disconnection and hopelessness, and of politicians not delivering against what people want, having an Act of Parliament that says, “We are on your side; we understand what you are going through, and we think that this is such an important step to take that we will enshrine it in statute,” is, I feel, a really important way, in a time of polarisation, division, hopelessness and frustration, of trying to bridge the gap that exists between our politics in this place and the reality of people’s lives in my constituency and everybody else’s.
Because it always sticks in my mind, I will close with this quotation from William Blake:
“Pity would be no more,
If we did not make somebody Poor”.
What we are here to do today, as we are every day as elected representatives, is to address and overcome the structural causes in our society that make people poorer, that limit people’s opportunities and life chances, and that make our society weaker and less vibrant. With this Government’s proposal to cap uniform items, I think we have an opportunity to tackle one of those structural causes, and to actually show to our communities, “Yes, after so much division and hopelessness, we are on your side.”
It really is an honour to follow my hon. Friend the Member for Bournemouth East, who made an incredibly powerful case for why we have brought forward these measures, as indeed did my hon. Friend the Member for Portsmouth North, who also shared her experience, as a mother, of battling some of these issues.
I have to say that, on the way back to this Committee, after the brief break that we just had, I went past some members of staff who work in the House, and they said, “Oh, you look in a hurry.” I said, “Yes, we are about to talk about the measures that we are bringing forward on uniforms,” and, instantly, they said, “Oh my goodness, it’s a nightmare! They cost a fortune,” and expressed how challenging they find it.
Indeed, when I was recently asked to find a picture of myself in my old school uniform—and I had to search hard because, while I know I look really young, it was a while ago that I was at school—I wanted a picture that would represent the school that I went to, but strangely, when I found the pictures, I realised that my school uniform had no branding. It was a plain grey jumper, a plain grey skirt and a blue generic shirt.
I realised that those were the times that we lived in; we had less, and that was the reality, I think, for the vast majority of schools. I remember my school being very smart and very strict, but that was the uniform that we had. I think we did have a blazer with a badge on as well, and we had to wear that to and from school, but that was how the school dealt with the public outward projection of the school identity. I grew up as one of eight siblings, and I do not know how my parents would have managed for the eight of us growing up, given the uniforms that some families have to buy today.
That is why I am delighted to speak today to clause 23, and to address the amendments that have been put forward in this group, because this Government really are committed to cutting the cost of school uniforms for families. That is why the Government have chosen, as a priority in this Bill, among many other things, to support families by limiting the number of branded items that schools can require pupils to have. I genuinely appreciate the contributions on this, some of which have been very thoughtful, and I am very happy to allay concerns that have been raised as part of this discussion.
I will turn first to amendment 87, tabled by the hon. Member for Twickenham, which is to replace the limit on the number of branded school uniform and PE kit items that a school can require with a limit on the cost of those branded school uniform items. We want to ensure that any action that we take to reduce the cost of uniform provides schools and parents with clarity, and offers parents choice in how to manage the cost of uniform. Ensuring that parents can buy items from a range of retailers gives them that flexibility. However, introducing a monetary cap on branded items risks increasing schools’ reliance on specific suppliers and therefore risks reducing that choice for parents.
We want to also provide parents and schools with absolute clarity about our expectations regarding branded items in schools. A cost cap on branded items would create ambiguity as to how items purchased in second-hand uniform sales, for example, would be accounted for. Lastly, a cap on the cost of branded school uniform would be complex for schools and parents to manage due to varying production costs and regional price differences. For those reasons, I kindly ask the hon. Member for Twickenham to withdraw her amendment.
I now turn to Government amendment 7, which is a technical amendment to improve drafting that is consequential on Government amendment 8, which I will speak to shortly. Government amendment 7 ensures that the limits on branded school uniform items will continue to apply only to schools in England, following changes made by Government amendment 8. The territorial extent of the provision applies to both England and Wales, but the application of these measures applies to England only. Education, including requirements around school uniform, is a devolved matter, and therefore so is this provision.
I turn now to amendments 29 and 30, tabled by the hon. Member for Harborough, Oadby and Wigston, which would to leave out the word “have” and insert the word “buy” in the relevant lines. As the hon. Member knows and has heard, too many families still tell us that the cost of school uniforms remains too large a financial burden. We need to remove the cost of uniform as a barrier to children accessing school and its activities. The Government therefore want to ensure that the action we are taking to reduce the cost of school uniform provides all schools and parents with clarity about what these changes will mean for families.
The hon. Member’s amendment would allow schools to require pupils to wear more than three branded items of school uniform, provided parents do not have to pay for them. It could create confusion about whether a given branded item of uniform would be captured within the statutory limit. We want to provide parents and pupils with clarity about the expectations regarding branded items in schools. Allowing schools’ uniform policies to set out different requirements, depending on the school’s ability to provide or source branded items for free, would undermine this principle.
Equally, we do not want to place an undue burden or expectation on schools by suggesting that they could or should be supplying core items of uniform to their pupils at no cost. That could risk increasing visible inequalities between schools and pupils, depending on their circumstances. There is also the risk that, if schools provide pupils with additional branded items at no cost, they may be subsequently tempted to charge parents for expensive replacements, if those items are ever lost or damaged. Finally, while I understand the hon. Member’s objective with this amendment, I note that accepting it in its current form would result in the drafting of the Bill implying that it would be pupils themselves purchasing branded uniform items, which is very unlikely to be the case in practice and I am sure it was not the hon. Member’s intent.
I turn now to amendment 31, which was also tabled by the hon. Member for Harborough, Oadby and Wigston. It would insert a proposed new section that says:
“The appropriate authority of a school may require a pupil to buy or replace branded items which have been lost or damaged, or which the pupil has grown out of.”
Schools can already set standards for appearance in their uniform and behaviour policies. For example, they can require that the correct uniform be worn, including any branded items, and that uniforms must be well presented. This proposed new section enabling schools to require pupils to replace lost, damaged or outgrown branded uniform is therefore unnecessary. Schools already have the powers to enforce it at present, and it goes against one of the main aims of this measure, which is to give parents greater choice and freedoms in their spending decisions on school uniform. Furthermore, on one additional technical point, while I appreciate the hon. Member’s intent with this amendment, the current drafting would apply this proposed new section to a wider range of schools than the original measure, including non-state-funded independent schools, which I assume was not his intention.
I now turn to amendments 32 and 91, which were once again tabled by the hon. Member for Harborough, Oadby and Wigston, to insert
“except PE kit or other clothing or items required as part of the school’s provision of physical education lessons”
and
“except items of kit required when representing the school in sporting activities”.
Amendment 32 would mean that, in addition to the three branded items that schools could require, with a fourth item for secondary and middle schools if those items included a branded tie, schools could also require pupils to have a potentially unlimited number of branded PE kit items. Amendment 91 would mean that schools could require those pupils who wish to represent the school in sporting activities to have a potentially unlimited number of branded items.
At present, secondary schools in particular often require a large number of branded PE kit items. Almost three in 10 parents of secondary-aged children already report their child’s school requiring five or more PE kit items. That is unacceptable. Amendment 32, if adopted, would effectively nullify that entire measure, and severely limit any cost savings it would generate for parents. It is also contrary to the main aim of the measure, which is to give parents more choice over where and how they spend their money—including on PE kit.
This was the main point that we wanted to make, and it is good to have confirmation from the Minister that our interpretation of the notes is correct. The notes say it
“includes items required for PE and sport… even if an activity is optional, if a pupil requires a branded item of uniform to participate in that activity, then the item will count towards the limit.”
The Minister has just said that this will absolutely bite on school sports teams—
That is not what I said.
That is precisely what the Minister just said. She said that by having the amendment we would be allowed to have unlimited numbers of items for school sports teams. So it is clear that the measure bites in exactly the way that we say it does, which is why we need amendment 91.
No, the two things do not follow. I said that the limit on the number of branded items applies to PE kits. However, schools still have the freedom to choose how to use that branded number allocation, including in relation to PE and sports. It does not restrict the ability of schools to loan out specific competition kit where appropriate. The intention of the measure, which amendment 91 would completely undermine, is that the cost of PE and sports kits should never be a barrier to participation in PE and sports. That is what the measure is intended to achieve—while his measure would achieve the opposite.
Just to confirm what the Minister is saying, under the clause if passed, school sports teams will not be able to require pupils to own the items. In the future, schools will only be able to loan items for school sports teams to their pupils, so there will be quite a big difference.
To be clear, the legislation will require that parents cannot be mandated to purchase more than three branded items, or four including a tie. That includes PE and sports kits. I am not sure that the hon. Gentleman lives in the real world, but many schools already loan out sports kits to ensure the full participation of any child, and do not require the parent to buy the kit to participate in that sport. Many secondary schools have opportunities for a whole range of sports—quite rightly—and they all potentially require different kit, as well as matching kit in order to present a uniform team image. Many schools will already loan out the kit where they have to compete externally.
Schools can loan it out or they can provide it for free. Indeed, the entire purpose of the provision is to ensure that no child is prevented or put off from taking part in sport because they are worried about the cost of the sports kit. That should never be a barrier to a child’s participation in PE and sport. It is therefore right that schools that continue to require large numbers of branded items are forced to reduce them. That is why the measure is needed.
Does the Minister agree that this issue is actually very simple and, while we appreciate the level of detail and scrutiny that opposition parties are rightly giving to it, we risk making a mountain out of a molehill? The fact is that uniform has become prohibitively expensive and there are more items than necessary in many schools. Many families and schools welcome these practical measures to bring costs down and, if this Bill is about removing barriers to opportunity, supporting the clause as it stands is the way of achieving that.
My hon. Friend puts it in a nutshell.
Speaking of additional complexity, I turn now to amendments 59 and 60—I have not picked on those particularly; they just happened to coincide with the hon. Gentleman’s intervention. Tabled by the hon. Member for Runcorn and Helsby (Mike Amesbury), the amendments seek to reduce the number of branded items primary and secondary schools can require from three to two. I know that the hon. Member has been a long-time campaigner on the issue of making school uniform more affordable for families. That is why I am sure he will share our view that, while school uniform plays a valuable role in creating a sense of common identity among pupils and reducing visible inequalities, too many schools still require an unacceptably high number of branded items.
The Government believe that a limit of three branded items provides the best balance, reducing costs for parents while ensuring that schools, parents and pupils can continue to experience the benefits that allowing a small number of branded items can bring. Restricting schools to only two branded items will make it harder for schools to find that balance and set a uniform policy that works best for their circumstances. That is especially true for secondary schools, which will already have to make choices about how best to use their limit of three or four branded items, depending on their local circumstances. We believe that the limit of three provides clarity to parents, gives them more choice in where they purchase uniform and allows them greater flexibility to make the spending decisions that suit their circumstances, all while giving schools the flexibility they need to set their uniform policies.
I turn now to amendment 61, also tabled by the hon. Member for Runcorn and Helsby, which seeks to remove the ability of secondary and middle schools to have four compulsory branded items when one of those branded items is a tie. This Government are genuinely ambitious about reducing costs for parents, but we recognise that there are different uniform needs in primary and in secondary schools. The vast majority of primary schools do not currently require a branded tie and, as most primary schools already have a low number of compulsory branded items, we do not want that number to increase.
In comparison, most secondary and middle schools already require branded ties, which are generally low-cost and long lasting. Ties are often a quick and distinctive way of signifying belonging, including identifying houses or year groups, so allowing secondary and middle schools an additional branded tie recognises the reality of school uniform policies in England. It balances reducing costs for parents with providing secondary schools with the necessary extra flexibility in setting their uniform policies.
The Minister is very kind to give way. She has raised the issue of house ties; if a school is already at its limit of branded items for the year, and halfway through the year a child is offered a branded house tie, that would be an additional item, would it not? That would take them over the limit, so how is that supposed to work?
A school would have to operate within the limits of these requirements, so it would probably choose not to introduce these things mid-year. It is really not that complex.
Does the Minister agree that if house ties came in mid-year, the requirement would be for the house tie, which would replace the original tie? Therefore, the number would still be the same.
The proposal is fairly straightforward. It allows, for example, a secondary school to retain a branded tie and blazer while still being able to brand up to two items—either PE kit or daywear—according to their circumstances. Therefore, for the reasons I have outlined, I kindly ask the hon. Member for Harborough, Oadby and Wigston not to press his amendment 32.
I now turn to Government amendments 8, 9 and 10, a group of technical and drafting amendments focused on the interaction between this Bill’s measures on school uniform and their application to hospital schools. Government amendment 8 corrects a drafting omission, ensuring that all forms of schools established in a hospital are correctly excluded from the new statutory limit on compulsory branded school uniform items. Given their nature, the vast majority of hospital schools do not require any form of uniform, branded or otherwise. We therefore want to avoid this legislation placing unnecessary obligations or administrative burdens on such schools.
The Government recognise that schools established in a hospital operate in a very specialised medical environment, and it would therefore be inappropriate to bind any hospital schools to requirements or regulations that do not reflect the unique context in which they operate. Under the current wording of the Bill, some forms of schools established in a hospital—most notably, those established as academies or alternative provision academies—would not be excluded. Government amendment 8 corrects that omission.
Government amendment 9 is a further technical amendment to ensure that in the revised definition of “relevant schools” in this clause there is no double exclusion of community or foundation special schools established in a hospital from the new limits on branded school uniform items. A double exclusion might have caused confusion. Therefore, the new drafting will ensure that such schools are only excluded once.
Government amendment 10 is intended to correct an omission in the existing legislation in relation to hospital schools being required to have regard to statutory guidance that the Secretary of State must issue on the cost of school uniform. The amendment addresses the same drafting omission as Government amendment 8 and will ensure that all forms of schools established in a hospital, including academies, are correctly excluded from the requirement to have regard to guidance on the cost of school uniforms. As previously stated, this Government recognise that schools established in a hospital operate in a specialised medical environment. Therefore, it would be inappropriate to bind any hospital schools to follow guidance that does not reflect the unique context in which they operate.
Government amendment 10 also ensures there is a consistent definition of “relevant schools” across the two legislative measures in relation to school uniform: the duty to have regard to guidance on the cost of school uniform and the new statutory limit on compulsory branded items. Therefore, for the reasons I have outlined, I kindly ask that the Committee agrees to these amendments.
I now turn to clause 23. As we have said, the cost of school uniforms, especially branded items, has long been a major concern for parents. Despite the Department for Education issuing statutory guidance on the cost of school uniforms, too many schools continue to require excessive numbers of branded items, with some schools still requiring 10 or more different branded items.
As I said earlier, having a small number of branded uniform items plays a valuable role in creating a sense of common identity among pupils and in reducing visible inequalities. However, branded items are often more expensive, so it is right to limit their use. Therefore, clause 23 limits the number of compulsory branded items of uniform that schools can require to three or fewer. To provide additional flexibility, secondary schools and middle schools will have the option to include an additional compulsory branded item if one of the items is a tie. These limits will enable more parents to buy more generic items from a range of retailers, allowing them to best control the cost of their children’s school uniform.
I want to echo that sentiment and to ask a question. In my city, when we get the minimum wage rise, 10,000 adults will get a pay rise. There is a cost of living crisis for them. Will this limit of three items, or four items if the child is in secondary school and a tie is included, make a difference to the people in my city?
We are absolutely confident that this limit will make a difference to many families up and down the country, including in Portsmouth North. Some schools already operate within these limits; I know that many schools have gone to great lengths to operate within the spirit of the guidance already in place, to try to minimise uniform costs for families. However, that is not universal, and we think that the clarity this measure will bring will ensure that those benefits are not just for some children in some schools, but for all children in all schools right across England. We also believe that the measure balances reducing costs for parents with ensuring that schools, parents and pupils can continue to experience all the benefits that a uniform that includes a number of branded items can bring.
This is not about the state interfering in the day-to-day running of schools. Schools can still choose which items to brand as long as they adhere to the legislative limit. They will also still be able to include the optional tie, if they wish.
School uniforms should be designed to make pupils look and feel smarter, not to make families poorer. Schools will still be able to set and enforce appropriate uniform policies within these limits. I know that many schools and school leaders are already rising to this challenge, and I am sure that many more will welcome the clarity that this measure brings, ensuring that the cost of uniform is never a barrier to pupils accessing school life. I hope the Committee agrees that the clause should stand part of the Bill.
Finally, I move to new clause 35, tabled by the hon. Member for Twickenham, which aims to remove VAT on school uniform for pupils up to the age of 16. As I have already stated, the Government are committed to cutting the cost of school uniform for families. That is why the Government have chosen to support families by limiting the number of branded items that schools can require pupils to have.
Under current VAT rules, all children’s clothing and footwear designed for children under the age of 14, including school uniforms, already has a zero rate of VAT, meaning that no VAT is charged on the sale of those items. The UK is one of only two among the 37 OECD member countries to maintain a VAT relief for children’s clothing, which costs the Exchequer £2 billion a year. Going further would come at a cost to the Exchequer and I know that the hon. Member for Twickenham will be aware that we face hard choices about the best use of public money. There are therefore no current plans to go further on this issue. Tax changes are properly made at fiscal events and in the context of the overall public finances. I therefore respectfully urge the hon. Member not to press the new clause.
Finally, new clause 56, tabled by the hon. Member for Harborough, Oadby and Wigston, would require schools to ensure that second-hand uniform is available for sale to parents of pupils or prospective pupils. Second-hand uniforms can definitely benefit all parents, particularly those on low incomes and, by extending the life of garments, they are a more sustainable option. Schools are already required to have regard to existing statutory guidance on the cost of school uniform, which states:
“Schools should ensure that arrangements are in place so that second-hand school uniforms are available for parents to acquire”.
The guidance states that it is for the school to decide how that will be best achieved,
“for example through periodic second-hand uniform sales or swap shops”.
Schools are already doing those things.
The guidance already states that
“schools should ensure that information on second-hand uniforms is clear for parents of current and prospective pupils and published on the school’s website.”
The guidance is clear about our intent while giving schools the flexibility to keep their existing second-hand arrangements or to set up new arrangements that best work for their circumstances. For the reasons I have outlined, I kindly ask the hon. Member not to press his new clause, and I commend clause 23 to the Committee.
I intend to press only amendment 91 to a vote. We have had an interesting and thoughtful debate this afternoon. I note again that we have heard from the Association of School and College Leaders, Government Back Benchers, the Liberal Democrat Front Bench and the Conservatives about the danger that these measures will backfire and that, in the real world, what will replace cheap, standard PE kit is more expensive, branded sportswear. That is why we wanted to exclude PE kit. I will not press the new clause to a vote—we do not have time to press every single thing to a vote—but I would like to press amendment 91.
When we get to that amendment, I will ask you to formally move it.
I pay tribute to the hon. Member for Bournemouth East for the powerful way in which he shared his personal story. I thank him for that genuinely. I was quite saddened before lunch, because there was quite a lot of discord in the room on an issue where there is actually quite a lot of unanimity. We all genuinely want to bring down the cost of school uniforms.
I am still slightly perplexed by the Minister’s response to amendment 87; her point that it would reduce choice is a red herring. There is nothing to stop parents going to high street shops for shirts, trousers, skirts and all that. We are just saying that there should be a cost cap. In the arguments I heard from the Back Benches, the hon. Member for Derby North even made the point that we should consider a cost cap and, in an intervention on the right hon. Member for East Hampshire, the hon. Member for Portsmouth North said that at the moment, schools can charge £100 for a blazer—well, under this legislation, they still could. That is precisely why a cost cap makes much more sense than an item cap.
I take on board the Minister’s point about regional variation; that is something that could be addressed, but regional variation exists now. A blazer that costs £100 in London might cost £75 in the north-east, and that will still be the case. A cap would guarantee cost savings to parents and give flexibility to schools, whereas the legislation as it stands will not guarantee cost savings on branded items. It is a no-brainer, and I therefore want to press the amendment to a vote.
Question put, That the amendment be made.
Amendment made: 7, in clause 23, page 44, line 22, after “school” insert “in England”.—(Catherine McKinnell.)
This amendment is consequential on Amendment 8, and is needed to ensure that clause 23 applies only in relation to relevant schools in England.
Amendment proposed: 91, in clause 23, page 44, line 40, at end insert—
“except items of kit required when representing the school in sporting activities”.—(Neil O’Brien.)
Question put, That the amendment be made.
Amendments made: 8, in clause 23, page 45, leave out lines 13 to 18 and insert—
“‘relevant school’ means—
(a) an Academy school,
(b) an alternative provision Academy,
(c) a maintained school,
(d) a non-maintained special school, or
(e) a pupil referral unit,
other than where established in a hospital;”.
This amendment ensures that the definition of “relevant school” in section 551ZA (inserted into the Education Act 1996 by clause 23) is consistent with the definition in section 551B of the Education Act 1996 (inserted by clause 21), and accordingly excludes any school established in a hospital.
Amendment 9, in clause 23, page 45, line 25, leave out
“has the meaning given by section 437(8)”
and insert “means—
(a) a community, foundation or voluntary school, or
(b) a community or foundation special school”.
This amendment amends the definition of “maintained school” in section 551ZA (inserted into the Education Act 1996 by clause 23) so that it does not exclude community or foundation special schools established in a hospital, which are now excluded as a result of Amendment 8.
Amendment 10, in clause 23, page 45, line 27, at end insert—
“(4) In section 551A (guidance about the costs of school uniforms: England), for subsections (5) and (6) substitute—
‘(5) In this section “the appropriate authority” and “relevant school” have the same meanings as in section 551ZA.’”—(Catherine McKinnell.)
This amendment aligns the definitions in section 551A of the Education Act 1996 with those in the sections inserted by clauses 21 and 23 (as amended by Amendments 6, 7, 8 and 9).
Clause 23, as amended, ordered to stand part of the Bill.
Clause 24
Local authority consent for withdrawal of certain children from school
I beg to move amendment 33, in clause 24, page 46, line 3, leave out from beginning of line to “a” in line 10.
With this it will be convenient to discuss the following:
Amendment 46, in clause 24, page 46, line 4, leave out subsection (3).
Amendment 35, in clause 24, page 46, line 18, at end insert “or,
“(c) providing services to the child or their family under section 17 of the Children Act 1989.”
Amendment 33 would delete the requirement for children in special schools to secure local authority consent to be home educated. In contrast, amendment 35 would widen the scope of required consent from just those children subject to section 47 investigations to those under a slightly lower level of concern with social services, which are section 17 children in need.
I will turn to the widening amendment first. We support the Government’s intention with this clause to give local authorities the power to withhold consent to home educate a child where it is subject to a section 47 investigation or a child protection plan, or where it is a section 17 child in need. However, we worry that the clause as drafted might not fully achieve the Government’s aims and create a bit of a conflict of interest for a local authority, so our amendment would broaden the criteria to include children in need under section 17.
The Government spoke rightly of the tragic case of Sara Sharif, but my understanding is that unfortunately she would not have been protected by the Bill as drafted, as she was not the subject of a section 47 child protection plan. As the Children’s Commissioner wrote in December:
“Despite there having been evidence of violence at home since birth, Sara was not under any intervention from social care when she died. The Bill must therefore go further in protecting children like her, making it impossible for a child ever known to social care for abuse or neglect to be home schooled.”
That request goes a bit further than our amendment, but it is a really powerful argument. What does the Minister make of the argument that the clause should require consent for home education if a child has ever been a subject of concern?
Although our amendment does not go as far as the Children’s Commissioner’s idea, I hope that it is in that spirit, in so far as it widens the scope of the clause to include more children where social workers have live concerns. I hope the Government might accept it, either here or in the other place, once they have had time to chew it over. I do not necessarily expect an immediate answer from the Minister, but I hope that he will think about it at the very least.
The DFE’s child practice review panel on elective home education, which was published last year, looked at 41 cases where a child died or was seriously harmed and elective home education or a child missing education was a factor. Some 29 children were defined as being in elective home education, and six were defined as being children missing education. There was not enough information to classify the final six. Some 24 of those children had no agency involvement, never mind child protection, and some were not known to services at all. The bar of a section 47 investigation or a child protection plan is simply too high in some cases to protect some quite vulnerable children. That is the widening.
Amendment 33 would provide the narrowing to not include all those in special schools. I was surprised when I was saw subsection (3), and I had to speak to quite a few people to check that I was reading it right. The right to educate children at home is quite a fundamental one, and there are a lot of circumstances where it is the right thing for a child with special needs, because of either their physical or mental health needs. It is quite a big thing to say that they are now all to be treated in the same way and lumped together under the same clauses as children of concern to social services with child protection plans. Some of these children are very sick, and the last thing that their blameless, amazing parents need is a load of bureaucracy. Sometimes, they will need to move fast. In a previous sitting I mentioned a child with incredibly intense needs who is a constituent of mine. It seems strange to require her parents to go through bureaucracy if they want to home educate her, given her incredibly high level of physical health needs.
I mentioned at the start of my speech that there is a potential conflict of interest. We have heard of some examples where educating a child who is in a special school at home is discouraged, because it would increase the cost to the local authority—for example, in the provision of therapeutic or medical support at home—even though it is potentially in the best interests of the child. Can the Minister reassure me that that will not happen in future?
I wondered what Ministers were trying to get at here and whether there was some sub-category of children in special schools who they were interested in. I read through the explanatory notes really carefully, but they were silent on why children in special schools are being included on a blanket basis. I am completely open to persuasion on this issue, and perhaps the Minister will say more about it, but the first time I read the explanatory notes, I thought, “What? Why on earth are we treating all the parents of kids in special schools in the same way that we treat people who are literally the subject of live social services investigations for abuse?”
I will say more on the second group of amendments to this clause, but just to reiterate, we are supportive of what the Government want to do here. We want to widen it in one way and potentially narrow it in another. I am interested in hearing the Minister’s remarks.
Amendment 46 is very similar to amendment 33, in the name of the hon. Member for Harborough, Oadby and Wigston, in that it removes subsection (3) and condition A, and for much the same reasons. We are extremely concerned that a parent wanting to remove their child with special educational needs and disabilities from a special school will be subject to this extra bureaucracy.
We know that we have a SEND crisis. There are so many parents, even when their child is in a special school, who feel that the school is not meeting their child’s educational needs and that their child is better served through a home education. I would point out that the local authority does not always have the best information on children in special schools. They will be turning to the schools themselves for a view, maybe more so than to the parents. There may be a bit of iniquity there.
I would like to question the Minister on the circumstances in which the local authority can refuse permission. Condition A implies almost an equivalence between children with special educational needs and children where there are safeguarding concerns, which seems quite a parallel to draw in legislation. The other question I have is about the timescale for the decision making. We know that local authorities can get bogged down in their processes. How does the Minister plan to ensure that authorities are not taking a long time to grant permission to parents to take their children out of special needs schools when they feel that school is not meeting their child’s needs?
It is a very long-standing right in England for a parent to choose to send their child to school or to educate at home. It is a right that the vast majority of parents never take up, but which nevertheless could be considered a fundamental parent’s right. The condition is always that the child must be receiving a suitable education. That phrase, “a suitable education”, has never been defined in law, and on occasion that creates some tensions. School should be right for the vast majority of children. A school system is designed to apply to the vast majority of children. The Bill is right to introduce a register of children not in school. That was also our policy when in government, but I think the balance is wrong between the detail of information required of parents and the support on offer.
Although the number of children in elective home education has been growing, the data collection is relatively new and has been mandatory only since autumn 2024, so some of that growth—as the DFE statisticians themselves say—will be because of that effect. It had been rising even before covid, and then there was a distinct covid effect, which we can see in the numbers. There are multiple reasons why children might be out of school and being educated at home—because of their special needs, perhaps because they have been bullied badly at school, or for various mental health reasons.
Some parents make the most enormous sacrifices in their lives to provide a suitable education for their child. I was reminded by someone who came to my surgery the other day that they are not all in terrible circumstances. This mother said to me, “There’s nothing wrong with our life at all. We do this because we think it’s the right thing for our family.” It is her right, too.
As a society, we have a moral imperative to know that children are safe. That is where exceptions to rights kick in. There is a really important distinction to be made here. Sometimes, people talk about a growth in elective home education as being a safeguarding concern. It is not. There is nothing about educating a child at home that is intrinsically a safeguarding concern, but it is also the case that if a neglective parent had the opportunity to take a child out of school, they might abuse that. That does in no way besmirch or call into question the overall concept of elective home education or the parents doing it.
Like those colleagues who have just spoken, I am worried about condition A in subsection (3)—that a child attending a special school would need the same permission as a family under investigation. From our surgeries, when we meet parents who are educating at home, it quite often concerns a child who was at a special school. It strikes me as very peculiar to say that we should group together a child, because they have special educational needs or a disability, with those families that are a subject of concern.
I hope the Minister can help with me this, because I might have just missed it, or might be being thick, but I am a bit confused about the terminology in the Bill, which refers in multiple places to education “otherwise than at school”. Ordinarily, that has a different meaning from elective home education. Education otherwise than at school, commonly known by its acronym of EOTAS, is different. Elective home education is parent-led; it is a voluntary choice that can be made by any parent for their child, and then it is left to them. They will then have, at least today, minimal support from the local authority.
EOTAS is different. It is something legally mandated but available for children with special educational needs or disabilities. It is agreed with the local authority. The local authority is then responsible for providing support. One often talks about an EOTAS package that is put around the child, which may involve some tutoring, some online stuff and various other things. Often, the child has an education, health and care plan in place. Again, I ask forgiveness if I have just misread this, but when we talk about applying to take a child into education otherwise than at school, I just do not understand how that works. Perhaps the Minister can help me.
For further clarification, subsection (8)(b) talks about notifying
“any other parent of the child…unless exceptional circumstances apply”.
I wonder if it might be helpful to define a little more what those exceptional circumstances are, because one can imagine difficulties where there is an abusive relationship, and the nature of that abusive relationship may not be known to the authorities at the time. There may be an incarcerated parent or various other conditions.
Finally, for clarification, subsection (10)(b) says that, by way of an appeal mechanism,
“the parent may refer the question to the Secretary of State”
That is quite a thing for a regular parent to take on. No doubt the intent is some sort of mechanism to appeal, not personally to the Secretary of State, but to a representative of the Department for Education. Will the Minister say a word about what that mechanism is and how it will be accessed?
I, too, pay tribute to my hon. Friend the Member for Bournemouth East for his thoughtful contribution, speaking from the heart on why the measures in this landmark Bill are so important.
Amendments 33 and 46 seek to amend the clause to remove the requirement for parents to obtain local authority consent to home educate should the child attend a special school arranged by the local authority. It is necessary to have that requirement. It provides a check to ensure that home education is in the best interests of the child, and that there are no education suitability issues resulting from no longer attending a special school.
A similar requirement has existed in secondary legislation for many years. I consider it appropriate for such a requirement to be in primary legislation to ensure consistency as part of the new package of consent requirements. I do not consider that children in those circumstances are necessarily at greater risk, but they will have a higher level of need when it comes to ensuring a suitable education. Therefore, no longer attending a special school may impact educational provision and is vital to ensure that it is in the best interests of the child to be home educated, and that suitable arrangements have been made for their education before the child comes off roll. Therefore, for the reasons I have out- lined, I ask the hon. Members kindly to withdraw their amendments.
Does the Minister recognise—as Dr Homden said in her oral evidence, when I questioned her on this matter—that given such a fundamental lack of provision in the state sector, which I think is recognised in all parts of the House, in particular for special school provision, for some children, whatever provision is prescribed in the EHCP is just not available? Therefore, it sometimes is in the best interest of the child to withdraw them to home educate. The fact that parents may be penalised or stopped from doing that could be much more detrimental to a child.
I thank the hon. Member for raising those issues. She is a real champion, certainly on SEND issues and the challenges that parents face. I will say a bit more about the points that she made shortly. My hon. Friend the Minister for School Standards is also a real champion of these issues and will set out our reform plans later this year.
Will the Minister give way?
I will just make some progress.
Amendment 35 seeks to expand the eligibility of the home education consent process to include those children and families receiving support and services under section 17 of the Children Act 1989. The Government are investing £500 million to support the national roll-out of family help and multi-agency child protection reforms from April 2025, and our ambition is that families can access the right support from the right person as soon as they need it.
The family hub model combines targeted early help and section 17 support into a seamless, non-stigmatising approach focused on the whole family through a single plan and consistent worker, even as a family’s needs change. Bringing children in need into scope of the home education consent process is likely to prevent families from seeking support when they need it, the opposite of what we want. Parents and families might well be reluctant to accept support from the local authority under section 17 if it meant that their ability to home educate was called into question and, potentially, permission to home educate was refused.
Furthermore, not all children will receive support and services, because of safeguarding concerns or because they have particular educational needs. For example, all disabled children, including those with disabilities that would not necessarily require special educational needs provision, are automatically eligible. Given that, we believe that including this group of children in the consent measure would be disproportionate.
I wonder whether there is some tension between the Minister saying that one reason we should not include section 17 children is that some of them are disabled, and then rejecting amendment 33 because it is right that all pupils in special schools should have to go through this consent mechanism because a lot of them will be disabled. Those two arguments seem to be very much in tension there.
To press him a little bit on this point about not excluding those in special schools, can the Minister say roughly how long a timeline we are talking about? What sort of information will special school parents have to provide in order to win the right, as it were, to home educate? What is he going to do to stop this from being a long process in which parents of special school pupils do not have their children where they want them, with them at home, even when ultimately that is going to be the decision?
I thank the shadow Minister for his response. He makes a number of points with regard to section 17 support and services for children and families. I want to reassure him that we have already strengthened and clarified multi-agency guidance around early help and section 17 through the working together legislation and through the families first for children pathfinder. We are testing new ways to reform every part of the children’s social care system. The Government have already nearly doubled direct investment in preventive services for children and families, including the roll out of the family help and multi-agency child protection reforms from April this year. Taken together, we believe these reforms will drive fundamental shifts in the way we help, support and protect children and families in every part of the system.
There are a number of questions and contributions I will now specifically respond to in the debate on this group. On the tragic case of Sara Sharif, of course we cannot say for sure what might have made a difference, but we will learn lessons from the future conclusion of the local child safeguarding practice review. The Government are taking action to reform every part of the children’s social care system through the Bill and investing over £500 million in national roll-out of the family hub and multi-agency child protection reforms from April.
The shadow Minister raised a number of points made by the Children’s Commissioner; I can confirm that I regularly meet and engage with the Children’s Commissioner on a range of issues. I note with interest that she has previously advocated for extending the consent mechanism more widely, but that that was not reflected in her written evidence to the Bill Committee.
With regard to the consent for home education, if someone has ever been subject to a safeguarding concern, we believe that this is a proportionate response that focuses on the most vulnerable.[Official Report, 12 February 2025; Vol. 762, c. 5WC.] (Correction) The Government are taking action to reform every part of the children’s social care system through the Bill, with the investment in family help.
On the question of what might make a local authority refuse permission for SEND children, I would like to make a number of points. We do not consider that children in those circumstances are necessarily at risk of harm. However, the loss of their support entitlement would clearly be a major upheaval in the child’s life, and it is prudent to retain a check before the child comes off roll and their place is filled by another pupil.
On penalising home-educating families, many parents work hard to give their children a good education in the child’s best interests, as a number of hon. Members have mentioned today. These measures are about not penalising families, but supporting children and keeping them safe. These measures are part of our concerted Government action to keep children safe and help them to thrive. We are reforming every part of the children’s social care system to make that happen.
With regards to the justification for not allowing a parent to remove their child from a special school to home educate without local authority consent, parents will often only do this because they think that their child’s needs are not being met. It is helpful to have a requirement for local authority consent before a parent can withdraw their child from special school to home educate; this provides a check that there are no educational suitability issues resulting from the loss of the support that the child is receiving in a special school and that home education would be in the child’s best interest. That builds on the similar requirement that has existed in secondary legislation for many years.
On the matter of only requiring local authority consent for children in special schools to be removed for home education, parents of children in special schools have for many years needed local authority consent to withdraw them from the roll. This long-standing policy is in place to support continuity of the child’s education, balancing parents’ wishes and each individual child’s special educational needs. I assure the Committee that we will continue to engage with stakeholders before considering changes to the category of children currently in scope of proposals.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 46, in clause 24, page 46, line 4, leave out subsection (3).—(Munira Wilson.)
Question put, That the amendment be made.
I beg to move amendment 34, in clause 24, page 47, line 6, at end insert—
“(8A) Where a local authority refuses consent in respect of a child who meets the criteria for Condition A, the local authority must provide the parents or carers of the relevant child with a statement of reasons for the decision.
(8B) A statement of reasons provided under subsection (8A) must include an assessment of the costs and benefits to the child.”
This amendment would require a local authority to submit a statement of reasons when they do not agree for a child who meets Condition A to be home educated.
With this it will be convenient to discuss clause stand part.
This is a very straightforward amendment. It adds that where a local authority refuses consent, it must provide the parents or carers of the relevant child with a statement of the reasons for the decision, including an assessment of the costs and benefits to the child. Of course, we hope that would happen anyway, but we are just making good practice part of the legislation.
The amendment, tabled in the name of the shadow Minister and the hon. Member for Central Suffolk and North Ipswich, seeks to establish that, when local authorities refuse a parent’s request for consent for a child who attends a special school under local authority arrangements to be home educated, they must provide a statement of reasons for that refusal to the parent. The statement must include an assessment of the potential costs and benefits to the child.
As part of their existing public law duties, local authorities need to provide reasons as to why they have decided to grant or refuse consent for home education when notifying the parent of their decision. We will make that clear in the relevant statutory guidance, which will need to be updated so that relevant professionals know what is required of them. We are also committed to engaging with local authorities, home educators and other stakeholders following Royal Assent to inform guidance and implementation. Therefore, for the reasons I have outlined, I kindly ask the shadow Minister to withdraw the amendment.
Turning to clause 24 stand part, every child has the right to a suitable education in a safe environment, which will meet their needs, nurture and stimulate them, and open doors to future opportunities. For most children, that will be achieved by regular attendance in a school setting, but I recognise that for a small number of children and families, home education is in the best interests of the child. Sadly, there is evidence from local authorities and the Department’s own data collection that some children who have been withdrawn from school to be home educated are not receiving a suitable education. The child safeguarding practice review panel has found that some children have suffered significant harm, and even death, due to abuse or neglect while not in education.
We saw this in the recent appalling case of Sara Sharif, whose father and stepmother withdrew her from school, ostensibly to be to home educated, in order to help to mask their continued violence and abuse until her tragic death. While we cannot say for certain that this tragedy would have been prevented if Sara had not been withdrawn from school, we must ensure that purported home education can never be used to conceal the abuse of a child. Clause 24 is an important safeguarding mechanism in that respect.
Our priority is to protect all children, an aim supported by other measures in the Bill. However, clause 24 places a particular focus on protecting the most vulnerable children. We have set out clearly those instances where children will fall within the scope of clause 24, and we have said that it will apply to pupils in England who are of compulsory school age and for whom at least one of the following applies: the child attends a special school and becomes a pupil at that school through arrangements made by the local authority, the child is subject to a child protection inquiry under section 47 of the Children Act 1989, or there is a child protection plan in place.
The children who are subject to child protection inquiries and plans are among our most vulnerable children in society, and the children who attend special schools have a high level of need when it comes to ensuring a suitable education. It is right that we take additional steps to protect them. Clause 24 does not mean that such families will not be able to home educate their children; it means that we are asking the local authority to take a closer look. We want to ensure that the authority knows which children in its area may be home educated, and makes an informed decision, based on the facts and information available, to determine what will be in the best interests of the child.
We have ensured that clause 24 is underpinned by a review process so that a local authority’s decision on whether to consent to home education can be put before the Secretary of State for review. Statutory guidance will also be published to help schools and local authorities to carry out their new duties consistently from authority to authority, and in a proportionate way.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 24 ordered to stand part of the Bill.
Clause 25
Registration
I beg to move amendment 62, in clause 25, page 49, leave out lines 20 to 21.
This amendment would remove a requirement for the register of children not in school to include details of how much time a child spends being educated by parents.
With this it will be convenient to discuss the following:
Amendment 63, in clause 25, page 49, line 23, after “parent” insert
“in respect of each individual or organisation which provides such education for more than six hours a week”.
This amendment would ensure that information relating to short activities such as those operated by museums, libraries, companies and charities, as well as individual private tutoring activities, would only need to be recorded on the register of children not in school if they are provided for more than six hours a week.
Amendment 64, in clause 25, page 49, line 36, at end insert—
“(1A) The requirements of subsection (1)(e) do not apply to provision provided on weekends or during school holidays.”
Amendment 86, in clause 25, page 49, line 36, at end insert—
“(1A) The requirement to provide information under subsection (1)(b) does not apply where a safeguarding concern in respect of either parent has been identified.”
Amendment 65, in clause 25, page 50, line 41, at end insert—
“(2A) The Secretary of State may only require further information about children to be included on the register by introducing regulations subject to the affirmative procedure.”
This amendment would require the Secretary of State to introduce regulations, subject to agreement in Parliament, when seeking to require additional information to be included in the register of children not in school.
Amendment 67, in clause 25, page 52, line 33, after “436B)” insert
“but does not include any person or provider that is providing out-of-school education to home-educated children on weekends or during school holidays.”
This amendment would mean that providers of out-of-school education would not be required to provide information to local authorities in respect of education they provide on weekends or during school holidays to home-schooled children.
Amendment 66, in clause 25, page 52, line 40, after “way” insert “,
but may not refer to an amount of time that is less than or equal to six hours a week.”
This amendment would mean that providers of out-of-school education would not be required to provide information to local authorities where they provide education for fewer than six hours a week.
Amendment 68, in clause 25, page 54, line 43, at end insert—
“(9) The Secretary of State shall publish annually the GCSE results of children listed on the register.
(10) The Secretary of State shall ensure that the GCSE results of children on the register are included for each set of outcome data published by the Government.”
This amendment would require the Secretary of State to record outcome data for children on the register as a subsection of each set of performance data published by the Department for Education.
Clause stand part.
The principle of having a register for children not in school has long-held cross-party support. However, as I outlined in the debate on clause 24, there are very different groups of children who may be educated at home. In our eagerness to safeguard vulnerable children, we must also make every effort not to stigmatise or treat as suspicious parents who make a positive choice to home educate their children.
In clause 25, subsections (c) to (e) of proposed new section 436C of the Education Act 1996 require a lot of very specific details from parents, such as the amount of time they spend providing education for their child. In the Bill that we brought forward when in Government, we used a rather broader approach, citing such details as the means by which the child is being educated. The drafting of the proposed the new section seeks to make all home schoolers provide a pretty extraordinary level of detail, on pain of breaking the law. We understand the intent, but our amendments seek to make that a bit more proportionate and a bit less intensely onerous for legitimate home-schooling parents.
Amendment 62 would take out the requirement on parents to specify how much time a child spends being educated by each parent—something that would likely vary from week to week in many cases, and would also be slightly invasive into people’s home lives if the parents are not living at the same place. Amendment 63 would add a de minimis floor of six hours a week, so not every single tiny appointment or 30-minute piano lesson has to be recorded, but only the substantive bits of education outside the home, which is more to the original intent.
Amendment 64 would mean that activities on the weekends or in school holidays do not have to be included in the register; we do not ask what schoolchildren are doing on the weekend and they cannot be said to be “out of school” when school is not open. Amendment 65 would make the power to add even more detail in future subject to the affirmative procedure. Amendments 66 and 67 would do the same things, in mirror image, for the requirements that are also being put on to education providers, rather than parents, again applying a six-hour minimum and excluding school holidays. That is because otherwise a lot of museums, galleries, music teachers, swimming teachers and the like are suddenly going to find a new and unnecessary reporting requirement forced on them, which is not proportionate to our objective here: to stop fake home education, not real home education.
Amendment 68 would require that the Government shall annually publish the GCSE results of children listed on the register. Regarding the proposed new section 436C and the very high level of detail that is being asked for, what assessment has been made of the usefulness of such detailed information? Has it been tested anywhere and worked through as an exercise? Finally, a question that many real, fantastic and loving home-educating parents will ask: what do the Government deem to be an appropriate number of hours from each parent? We are asking about how many hours are spent educating the child, which almost implies there is a wrong answer to that question. What does the Minister think the wrong answer to that question will look like?
I rise to speak in support of clause 25 and to amendment 86 in my name. As I said on Second Reading, the Liberal Democrats strongly support the introduction of a register of children not in school; it is an overdue measure which is supported by all parties, and I am very glad to see this Government introducing it.
I know from my own inbox, as well as from the many pieces of written evidence the Committee has received, that many parents of home-educated children feel that the register is an attack on them, so I want to reiterate—it is certainly my own party’s position—that we fundamentally support parents’ right to choose to home educate. This is about keeping children safe. We have had so many reports, not least from the Children’s Commissioner about children just disappearing from the system, and about how important this register is. The National Society for the Prevention of Cruelty to Children and other children’s organisations also support it.
I share the concerns of the hon. Member for Harborough, Oadby and Wigston around how much information is being asked of families to provide for this register, as stated on the face of the Bill. As I sat during Christmas recess reading it, I was quite shocked; I questioned why this information was needed and what it was going to be used for. I thought it was very instructive that I thought, “Look, Munira, you’re not the expert here,” and asked the experts, but when I asked Andy Smith from the Association of Directors of Children’s Services at the oral evidence session last week if he thought this level of detail was needed, his words were
“there may be some reflection on whether there needs to be such a level of detail captured.”—[Official Report, 21 January 2025; Vol. 760, c. 15.]
I worry that local authorities are going to drown in a sea of information; rather than having simple information they can use to make a decision; they will have so much that they will be wading through it and everything will be slowed down.
Absolutely—I agree completely. I was talking to the director of children’s services in my own borough earlier this week about it, and read the provisions to him. I think he was shocked as well, and wondered how they would be implemented. I say this very much in the spirit of making the measure workable, but I urge Ministers to think again about the amount of information being collected. We think that a number of the amendments tabled by His Majesty’s Opposition are sensible and proportionate, and would mean that the measure is less intrusive.
Amendment 86, which stands in my name and that of my hon. Friend the Member for St Neots and Mid Cambridgeshire, is a simple safeguarding provision. Where both parents are required to give their details, if there is a safeguarding reason that it would be bad for one parent’s address to be revealed to the other, for example because it would make the child or the other parent unsafe in a case of domestic abuse, the amendment would mean that that requirement did not apply. It would make sure that everybody is kept safe.
I have a couple of other comments on the level of detail required. Have Ministers thought about whether the measure will have a disproportionate impact on the families of SEND children? We have received written evidence, and I have received emails, from those who have made the difficult decision to home educate because of SEND needs that are not being met in the state sector. They are often home educating because their children cannot cope with regular school schedules. At home, they can educate and work with the ebb and flow; how they educate will be much more fluid. Parents are asking, “How on earth am I to meet these requirements? Will I be breaking the law if I cannot exactly quantify how many hours I have spent each week doing a certain task, given the way I need to educate my child in order that they can thrive?” For instance, if a child is being taught about nutrition and food technology while cooking dinner with their parents, will that count as part of the education time? I am not sure. I hope that the Minister will address those concerns.
I am slightly alarmed by proposed new section 436C(2)(a), which provides that information about a child’s protected characteristics will be collected. Some faith groups are worried about how that data might be used in judging the success of their education. Can the Minister allay those fears?
Proposed new section 436C(5) refers to information about data being published. I would hope that very little data is being published at all. I know that the measures contain safeguards, but other than a headline-level understanding of how many children are being educated not in school, we do not need to publish too much. I look forward to the Minister’s response.
I join colleagues in finding troubling the level of detail to be required of home-educating parents. The amendment tabled by my hon. Friend the Member for Harborough, Oadby and Wigston would make sensible adjustments to that, for example by deleting the requirement to show the split between how many hours are done by parent 1 and how many by parent 2. The Government could also amend the frequency of reporting to something more reasonable—or, handily, there is a piece of text ready and waiting, because a private Member’s Bill last year from my then hon. Friend the Member for Meon Valley contained the text for a proposed new section 436C.
Proposed new section 436E concerns providers. Did Ministers consider approaching this measure in a completely different way? They could have said that the onus should be on the provider to say who they are and to demonstrate their bona fides, with Disclosure and Barring Service checks and so on, as part of a light-touch registration regime. I am not necessarily advocating such a scheme, but what other models were thought about?
On proposed new section 436G, Ministers will know that a gripe of home-educating parents is that a lot is asked of them but little is offered back. Might it be sensible to change the wording? Instead of the support being
“whatever the local authority considers fit”,
it could be something like “whatever the local authority considers fit, having regard to guidance that it may receive from the Department for Education,” or from Ofsted or whoever it might be.
I will just register this point again for Ministers to consider. A lot of people are surprised to learn that although a school will pay for a child to enter GCSEs and the like, home educators do not enjoy that benefit. If we want to make it easier for people to home school their children properly, rather than their children just being out of school, we need to address that long-standing issue. I wonder whether Ministers will consider that point?
My hon. Friend’s intervention brings me to my final point. Apart from the cost issue, there is the simple question of access and of children being able to sit the GCSE. As there is a vast amount of detail involved, it would be helpful to say that local authorities should ensure that entry to examination centres is possible for those children.
Amendments 62, 63 and 64, in the names of the shadow Minister and the hon. Member for Central Suffolk and North Ipswich, and amendment 86, which was tabled by the hon. Members for Twickenham and for St Neots and Mid Cambridgeshire, would remove requirements for parents to provide certain information for children not in school registers.
Section 7 of the Education Act 1996 makes it clear that it is the responsibility of parents to ensure that their children
“receive efficient full-time education suitable”
for them. We know that many parents work hard to do so, including parents who home educate. However, some children not in school are not receiving a full-time education that allows them to achieve and thrive. Where that is the case, it is essential that local authorities can identify and support them. This is a fundamental objective of the children not in school register.
Information on the amount of time that a child receives education from their parents, combined with information on where the child receives education other than with their parent, is a crucial part of building the picture of home-educated children’s circumstances. Amendment 62 would mean that that picture could not be built.
Often, the circumstances will differ greatly from child to child; for example, home-educated children do not have set hours in the same way as children at school. Amendments 63 and 64 would potentially create loopholes in the registration system through their attempts to set a time threshold or to exempt weekends and holidays from the parental duty to provide information about out-of-school education providers.
Six hours per week at a provider could represent a large proportion of a child’s learning, especially for children with additional needs that limit their ability to engage with teaching for prolonged periods. Equally, children who could spend five hours per week or the whole weekend in an unsafe setting and home-educated children would not have the protective factor of attending a properly registered school for the other five days of the week.
The amendments would mean that parents are not required to inform their local authority that their child was receiving education in such settings, by virtue of the provision falling below an arbitrary time threshold or taking place on the wrong day of the week, such as at the weekend. There is too much potential for unregistered independent schools to exploit this to avoid detection.
Amendment 86 seeks to remove the requirement that the names and addresses of a child’s parents are provided for registers when a safeguarding concern is identified by either parent. To build a full picture of the circumstances of a child’s home education, it is necessary to include the name and address of each parent.
We know that there will be safeguarding concerns around some parents that mean that they are not or should not be allowed to be involved in the child’s education or have contact with the child, such as where there have been instances of domestic violence. The duty requires only that parents provide information that they know. Parents would not be required to seek out an estranged partner to provide their address if they do not know it, and the data held on the registers will be subject to data protection law, with the requisite restrictions on access and disclosure of personal and identifying information. For the reasons I have outlined, I kindly ask hon. Members not to press their amendments.
Amendment 65, tabled by the shadow Minister and the hon. Member for Central Suffolk and North Ipswich, would require that where the Secretary of State wants further information about children to be included in children not in school registers, regulations subject to the affirmative procedure have to be made. The Bill already provides for the affirmative procedure in proposed new section 436C, within clause 25, so I ask the hon. Members not to press the amendment.
Amendments 66 and 67 concern the information that providers of out-of-school education will be required to supply for a local authority’s children not in school register. I agree with the sentiment of the amendments that a threshold to the duty should apply, which is why the Bill provides for regulations to set the threshold at a suitable level. It is more appropriate to set the threshold in regulations because changes may be needed in time, as local authority and Department data improves and as we develop a clearer picture of the use of out-of-school education providers.
Additionally, there is huge variation in how out-of-school education providers operate and in how they are used by home-educating families. Setting the threshold at an arbitrary level or calendar period without careful consultation with the sector and home educators risks the provider duty being unworkable in practice. To ensure that the threshold is set at a level that works for providers, parents and local authorities, we intend to consult on the regulations, and they will be subject to the affirmative procedure. For those reasons, I ask the hon. Members not to press their amendments.
Amendment 68, in the names of the hon. Member for Central Suffolk and North Ipswich and the shadow Minister, seeks to ensure that the Department publishes the GCSE results of those on the children not in school register, and that those results are included in each set of departmental published outcome data. I highlight that the Department does not publish any results data at an individual student level. Instead, results are published at an aggregate level across England. It would be inappropriate and potentially unlawful to publish the GCSE results of specific, individual children.
I would have thought it was pretty clear that our intent was to provide information on the aggregate rather than the individual. Of course we do not publish individuals’ GCSE results anywhere, but does the Minister have a disagreement in principle with the idea of publishing aggregate data on the achievement of this group of young people?
That is not something that we are currently considering, but the shadow Minister’s point will be recorded in Hansard.
The Department for Education is responsible for driving high and rising standards in state schools across the country. DFE headline data is therefore focused on pupils at the end of key stage 4 attending state-funded schools in England. To hold state-funded schools to account, the Department publishes performance data for schools and colleges. The purpose of that performance data is not to provide information about the attainment or achievement of individual pupils. The Department publishes performance data at a regional and national level, so that it can track the performance of the state-funded sector.
Including children not educated in the state school system would distort these figures and make it more difficult to monitor the performance of state schools. In choosing to home educate, parents are opting out of this system and assuming responsibility and accountability for the education of their child, whether they choose GCSEs or any other type of qualification. I also recognise that some home-educating children choose not to take any public examinations. This data would therefore offer an incomplete picture of the outcomes of this cohort.
A comprehensive view of outcomes for home-educated children cannot be based on a single measure. That is why clause 25 includes powers to require additional information to be held on the children not in school register and for this information to be provided to the Department so that it can be analysed and actions can be taken at a national level to support these children.
It is also true that, on results day, the Joint Council for Qualifications already publishes results by qualification and subject. This is data for all students taking that GCSE, including home-educated children, adults and independent and state school pupils. It would therefore not be appropriate for the Department to publish the results of this cohort or include them in performance data. I therefore kindly ask the hon. Member not to press the amendment.
I turn to clause 25. The number of children who are not in school because they are being home educated has drastically increased since the covid-19 pandemic. The numbers have more than doubled since 2019: the latest Department data shows that 111,000 children were home educated as of October 2024. As I have highlighted, all parents have a legal responsibility to ensure that their child receives a suitable, efficient full-time education. Some parents choose to fulfil that responsibility by home educating their children. I reassure the Committee again that we recognise that parents have the right to do so, and that many work hard to ensure that their child receives a suitable education. But as we know, this is not the case for all.
Local authorities have a legal duty to identify all children not in school in their areas who are not receiving a suitable education. However, as parents do not need to notify the local authority that they are home educating, it is difficult for authorities to fulfil that duty and to take action to support and protect children where necessary. It is vital that we introduce an effective system of registration for children not in school. Clause 25 will introduce compulsory registers in every local authority in England and a duty on parents of eligible children to provide information for them. This will help authorities to identify all children not in school, including those who are not receiving a safe, suitable education and, where that is the case, support them to take action.
Parents of eligible children will be required to provide the local authority with the information necessary for operation of the registers, including the child’s name, address and date of birth, the names and addresses of each parent, and details of how, where and from whom the child is receiving their education. A local authority can require a provider of out-of-school education to give information on children attending their setting, if the authority believes the provider to be supplying education to an eligible child for a period above the prescribed threshold. Having these duties on parents and certain providers of out-of-school education to provide information will ensure that as many eligible children as possible are on local authority registers.
I know that parents who are home educators have faced a tough decision on this. Looking at the information provided, I think it is clear from the Government that we are not lambasting or judging those parents for taking their children out of school. Does the Minister agree that we must ensure that we know who and where every single adult is who comes into a child’s education? The listing that we are providing will enable us to do that, to ensure that children aresafe whether they are being home educated by a parent or using another provider within their home education setting.
I thank my hon. Friend for her intervention. These measures are proportionate and are to ensure that every child is kept safe. I welcomed the comments from the shadow Minister earlier; we seek cross-party support on these measures to keep all children safe.
Where a child is eligible for inclusion on the children not in school register, the local authority will have a duty to provide support to the parents of that child if the parent requests it. By focusing support on advice and information, we can ensure that local authorities give a consistent baseline level of support to those who request it. We know that some authorities are already offering carefully considered support packages that go beyond the baseline to meet the needs of families in their local areas. Authorities will continue to have the discretion to offer that additional support.
The measures set out how local authorities in England may share information from their registers with other relevant local authorities and specified bodies, and how they are required to share information with the Secretary of State on request. Appropriate information sharing will create a more complete picture of individual children, and where necessary, support multi-agency safeguarding arrangements. We will also ensure that the data collected is protected. Local authorities, as data controllers, must process data in accordance with the principles of UK GDPR legislation, and ensure that any data that they process is kept safe and secure. This applies to data collection, storage and sharing, as well as respecting the rights of individuals to access, rectification and erasure.
Picking up on the points that colleagues have raised, more broadly, these measures provide local authorities with a proportionate power to ensure that children receive a suitable education and are kept safe. These measures would take us to a level that the vast majority of western countries are already at, and many other countries go much further, even banning home education completely or putting many more restrictions or requirements in place. We are not doing that—these measures are about keeping children safe.
The shadow Minister asked what appropriate amount of time should be spent on home education. Parents are required by law to ensure that their child has a full-time suitable education; the number of hours required to fulfil that duty will depend on the individual child, and is not stipulated in law. On whether our measures will be burdensome to parents, parents must only provide details of their child’s name, their date of birth, their address, the parents’ names and addresses, and details of where their child is receiving education, who is providing it and the time spent receiving education from different people. All other information will be optional, and parents will only be expected to notify their local authority of that information when they first begin home educating or when their circumstances change, such as a move to a new area or a new education provision.
Many measures, of course, will be of benefit to parents. The information provided by parents for the registers will support local authorities to gain a fuller picture of the child’s educational needs and circumstances, which will enable parents to access tailored advice and information from local authorities via the new duty on local authorities to provide support should parents request it.
On that point, we know that at the moment, not all local authorities provide support to our home-educating parents. Will these measures allow for some best practice to be shared, and place a duty on local authorities to provide help and support if requested?
I know that my hon. Friend has been meeting home educators in her own local authority area who have had a difficult relationship with Portsmouth city council. I know that she will take those concerns to that local authority and feed back to home-educating parents.
To address a point that was raised earlier, local authorities may also be able to analyse information from the registers and take action, should that be deemed necessary—should families feel forced into home education due to dissatisfaction with schools or mental health concerns, for example. The hon. Member for Twickenham also raised a number of points about the disproportionate impact on SEND families. We have undertaken a thorough equality impact assessment, and this information will allow local authorities to provide more tailored support to those children.
We will withdraw our amendment today, but overall, we are still not persuaded that the objectives that we all share for this Bill could not be met in a more proportionate and less bureaucratic way. I hope that their lordships will have further thoughts on that. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I think the hon. Member for Twickenham gave notice that she wished to move amendment 86.
No, I do not wish to move it. I just wanted to make one comment on the last sentence from the Minister.
Sorry, but we have debated it now. It would be time to move amendment 86. Sorry, I misunderstood the hon. Lady.
I would like to speak on the impact assessment.
Imminently.
Imminently? Okay.
Clause 25 ordered to stand part of the Bill.
Clause 26
School attendance orders
I beg to move amendment 69, in clause 26, page 63, line 18, at end insert—
“(7) A school may submit an appeal against a school nomination notice to the School Admissions Adjudicator for the reasons given in this part and for any other reason.
(8) During the appeal period, the school will be responsible for the education of the child.”
This amendment allows schools to appeal nomination notices.
With this it will be convenient to discuss clause stand part.
The amendment would set up a right of appeal. A lot of other measures in the Bill have rights of appeal—we have discussed some of them in earlier sittings—and such an appeal would not hold up an order because the amendment specifies that
“During the appeal period, the school will be responsible for the education of the child.”
However, the amendment would give the school the right to an appeal where a completely inappropriate child is ordered to attend it.
Although we support the principle of the clause, we have a number of concerns. First, subsection (2) of the proposed new section 436I of the Education Act 1996 sets out points that the local authority must consider when deciding if a school attendance order is appropriate. Those points include considering
“how the child is being educated and what the child is learning, so far as is relevant in the particular case”.
I hope the Minister agrees that this needs careful thought, in consultation with families. There is a slightly Orwellian ring to the idea of a local authority deciding what it is appropriate for a parent to teach their child. In practice—as Members have said—many parents of children with special needs do not home educate as a positive choice but because their child was not thriving in the local school. Those parents might find it overbearing to have this kind of scrutiny of their efforts. What does the Government plan to do to allow them to have input into this approach?
Will the Minister confirm the maximum prison sentence for failure to comply with a school attendance order? Proposed new subsection 436P(8) of the 1996 Act states “level 4” and my understanding is that could be as much as 51 weeks. Given everything we know about the impact on a child of imprisoning their parents, will the Government reconsider the potential sentence, since, in many cases, it would result in a child or children being taken into care?
The amendment seeks to provide a route of appeal to the adjudicator for a school named in a nomination notice for a school attendance order. It is unnecessary because there is an existing route of appeal in proposed new section 436M of the Education Act 1996. That new section provides that a school can request a direction from the Secretary of State within 10 days of being told of the local authority’s intention to name them in a nomination notice. That reflects the existing legislation, as the same right is contained in section 439 of the 1996 Act.
To be clear, instead of having an appeal to, say, the adjudicator, the only appeal would be to the Secretary of State, who would be acting in a judicial capacity in that respect.
Yes, that is my understanding. The provision proposed by the Bill strikes the right balance between giving schools a say and protecting a child’s right to a safe and suitable education. The amendment is therefore not only unnecessary but would disadvantage children. By placing no time limit on when an appeal may be brought, it means that a school could appeal at any time after being named in a notice. That could result in a child’s education being disrupted unexpectedly and impact the child’s sense of security and belonging in the school. I therefore kindly ask that the hon. Gentleman withdraw the amendment.
I will now speak to the clause. Parents of every child of compulsory school age must secure efficient and full-time education that is suitable to that child’s age, ability, aptitude and special educational needs. When children are not receiving a suitable education, the school attendance order process addresses that through requiring regular attendance at a named school.
The clause amends the school attendance order process in England to extend and strengthen it. In addition to addressing instances when a child is not in receipt of suitable education, as school attendance orders do now, the orders will also act as, first, a consequence for parents not providing information for a local authority’s children not in school register and, secondly, will provide a route for a home-educated child to attend school if that child is subject to a child protection inquiry or a child protection plan and the local authority decides that it would be in the child’s best interest to do so.
When a local authority has concluded that it is necessary to begin the school attendance order process, the first step is for the authority to issue the parent with a preliminary notice. That notice will require parents to evidence that their child is receiving a suitable education and, in the case of a child subject to a child protection process, that it is in the child’s best interest to receive education otherwise than at school. When a local authority is deciding whether to serve a school attendance order, it is important that it considers the child’s full circumstances. That is why the clause will place a new requirement on local authorities to consider all the settings where the child is being educated and their home environment when deciding whether to serve an order.
To help authorities make that assessment, they will have a new power to request to visit the child inside their home. For children who are not educated at school, the home environment is typically central to their ability to learn, so it is important that authorities can take it into account. Parents retain the right to refuse access to the family home, but, if access is not given, this will be a relevant factor for the authority to consider when deciding whether to serve an order. If a local authority identifies that a child is not receiving a suitable education or is in an unsafe environment, it is important that the authority can take action as quickly as possible to support and protect the child. For this reason, additional timeframes across the school attendance order process are being introduced.
To make school attendance orders more consistent for local authorities and parents when involving different types of schools, the process for and effect of orders for academy schools and alternative provision academies will be brought into line with that of maintained schools. All state-funded schools will have a duty to accept the child to their school once the order is issued. The clause also ensures that parents can be prosecuted for ongoing failure to comply with the school attendance order, and the penalty for failure to comply has been increased from level 3 to level 4 of the standard scale, which brings this into line with knowingly allowing a child to be absent from school.
However, it is not our intention to criminalise parents, and we expect that only a minority will be prosecuted for failure to comply. During the process, parents will have ample opportunity to provide evidence that home education is suitable or in their child's best interests. If an order is already in place, it must be revoked by a local authority if the parent demonstrates that their child will receive a suitable education and, where relevant, that it is in the best interests of the child to be educated outside of the school setting. I commend the clause to the Committee.
Although we still think it would be better to have an appeal to an independent adjudicator rather than the Secretary of State, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 26 ordered to stand part of the Bill.
Clause 27
Data Protection
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Clause 28 stand part.
Clause 29 stand part.
Schedule 1.
Clause 27 ensures that the processing of personal information, as required or enabled by this Bill, does not contravene the Data Protection Act 2018. I recognise that many parents want reassurance that the data held on local authority children not in school registers will be protected and shared in accordance with data protection legislation and the UK GDPR principles. This clause helps ensure that high standards of information security, privacy and transparency are adhered to when personal information is processed as part of the new duties and powers connected to children not in school registers, as well as when parents of some children are required to receive local authority consent to home educate. I commend the clause to the Committee.
Clause 28 provides for statutory guidance to be issued to local authorities on how they should carry out their duties in relation to keeping the children who are not in school registered, and the associated school attendance order process. That guidance will be crucial in supporting local authorities to exercise their new duties in a clear and consistent manner. For example, we expect it to include further advice on how local authorities should discharge their new support duty, in order to avoid significant variation for home-educating families depending on where they live in England. As part of the implementation of the Bill and in order to engage with and listen to local authorities, we will consult with home-education representatives and other key stakeholders on the content of the guidance. I hope the Committee agrees that the clause should stand part of the Bill.
Finally, clause 29 introduces schedule 1. The schedule makes consequential amendments to existing legislation so that the new school attendance order process for local authorities in England is reflected in relevant legislation, such as the Children Act 1989 and the Education Act 1996. Although the Bill amends the school attendance order process for local authorities in England, as set out in clause 26, the school attendance order process for authorities in Wales will remain unchanged. Clause 29 therefore makes the consequential amendments necessary to separate the process in England and Wales. I hope the Committee agrees that the clause and schedule should stand part of the Bill.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clauses 28 and 29 ordered to stand part of the Bill.
Schedule 1 agreed to.
Ordered, That further consideration be now adjourned. —(Vicky Foxcroft.)
Adjourned till Tuesday 4 February at twenty-five minutes past Nine o’clock.
Written evidence reported to the House
CWSB143 British Rabbinical Union (further submission)
CWSB144 Shared Health Foundation and Justlife
CWSB145 Institute of Recovery from Childhood Trauma (IRCT)
CWSB146 National Youth Advocacy Service (NYAS)
CWSB147 Association of School and College Leaders (supplementary)
CWSB148 Nahamu
CWSB149 Association of Educational Psychologists (AEP)
CWSB150 IPSEA (Independent Provider of Special Education Advice)
CWSB151 Ambitious about Autism
CWSB152 Local Government Association (LGA)
CWSB153 National Leaving Care Benchmarking Forum
CWSB154 British Rabbinical Union (2nd further submission)
CWSB155 Baker Dearing Educational Trust
CWSB156 Frontline
CWSB157 The Food Foundation
CWSB158 Nationwide Association of Fostering Providers (NAFP)
CWSB159 Ofsted (Supplementary)
CWSB160 Yeshiva Liaison Committee
CWSB161 Dr Anja Heilmann
CWSB162 Sir Alan Steer
CWSB163 Dr Sarah Ralph-Lane and Dr Amanda McBride
CWSB164 Professor Gordon Lynch, University of Edinburgh and Dr Sarah Harvey, INFORM on behalf of the AHRC-funded Abuse in Religious Contexts research project
CWSB165 Citizens Advice South Warwickshire (CASW), Bedworth Rugby and Nuneaton Citizens Advice (Brancab), and North Warwickshire Citizens Advice (NWCA)
CWSB166 Catholic Education Service (supplementary)