Clause 47 - Power to make consequential provision

Tobacco and Vapes Bill – in a Public Bill Committee am 9:45 am ar 14 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Andrea Leadsom Andrea Leadsom The Parliamentary Under-Secretary for Health and Social Care

The clause confers a power on Scottish Ministers to make provision that is consequential on part 2 of the Bill. Regulations may amend, repeal or revoke any legislation passed before the Bill or later in the same Session of Parliament as the Bill, as well as any Act of the Scottish Parliament passed before the Bill. Regulations may amend primary legislation as well as secondary legislation.

Although every effort has been made to identify and make provision for any required amendments to primary legislation, the Bill brings together legislation that has been made over the last century, so there is a small likelihood that further consequential amendments may be required to enable the Bill to function effectively. It is therefore appropriate that Scottish Ministers have the power to make such changes to devolved legislation via secondary legislation. Any regulations amending primary legislation will be subject to the affirmative procedure. I therefore commend the clause to the Committee.

Photo of Preet Kaur Gill Preet Kaur Gill Shadow Minister (Primary Care and Public Health)

We are happy to support this clause, which gives Scottish Ministers powers to make consequential amendments to this part of the Bill. Scotland has a proud history of leading the way on tobacco control and putting public health before corporate profit. It brought in the indoor smoking ban before the UK-wide one was introduced nearly 20 years ago. This week, we marked 25 years of the Scottish Parliament—a proud legacy of the previous Labour Government—and the principle of pushing power closer to communities so that Scottish solutions can be found to Scottish problems remains as strong as ever.

Photo of Kirsten Oswald Kirsten Oswald Shadow SNP Spokesperson (Women), Shadow SNP Spokesperson (Equalities)

The clause very much reflects the constructive work underlying many clauses in the Bill. It includes several measures that the Scottish Government pushed for, and gives proper differentiated treatment to the separate Governments across the United Kingdom.

Clause 47 gives Scottish Ministers the broad power by regulations to make provision consequential on part 2 of the Bill—the bit that directly relates to Scotland. That is important, because this issue causes difficulties across the whole UK. If the Bill is passed, the Scottish Government will consider how best to use these powers, with the consent of the Scottish Parliament, to benefit public health, and will look to avoid any unnecessary regulatory divergence. That will be helpful for those who seek to prevent harms. The Scottish Government were the first Government to commit to taking action on single-use vapes, and have now launched a legislative consent memorandum in the Scottish Parliament recommending that the Parliament give its consent to the Bill.

Photo of Andrea Leadsom Andrea Leadsom The Parliamentary Under-Secretary for Health and Social Care

I put on the record my thanks to Scottish Ministers for their collaborative approach to bringing together the Bill. I am extremely grateful to them for ensuring that it is a UK-wide piece of legislation.

Question put and agreed to.

Clause 47 accordingly ordered to stand part of the Bill.

Clauses 48 to 51 ordered to stand part of the Bill.