The Tobacco and Vapes Bill, which will introduce a generational smoking ban, has just hit a major roadblock. With the EU…
Because of the Windsor Framework the single market still applies in Northern Ireland in some respects. Blocking the sale of tobacco to adults would likely violate it. Labour has repeatedly insisted this is fine, but not explained how. A few weeks ago NI minister Hilary Benn said it was only Labour’s “aspiration” to impose the bill in full in Northern Ireland. A downgrade…
Because of the EU’s involvement the UK government had to submit a notice under the EU Technical Regulation Information System to EU member states about its intentions with the bill. On 18 August the notice was dispatched, giving member states three months to review the legislation and raise concerns in a “Detailed Opinion” if required. During this “standstill” period the bill cannot be adopted. The first deadline for states to respond was 18 November. The standstill period has now been extended as of Friday to 18 February…
That means at least one EU member state has signalled that the smoking ban could breach EU law. Labour now has three months to justify its ban in legal terms or change the bill until it is legal. That would be a humiliation…
Under the Tobacco Products Directive (TPD2) it would not be legal to prevent sale of tobacco to adults on the basis of existing age limits. Denmark tried to go for a ban in 2022 before abandoning it thanks to TPD2…
Labour faces the prospect of enforcing the ban across only parts of the UK. At any rate the bill has been blocked for the meantime…
UPDATE: A government spokesman insisted; “The Bill is not blocked, it’s not delayed, and we expect it to apply to the whole UK.”
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