Wes Streeting's vapes ban could be on course for a major legal showdown (Image: Getty)
Former Justice Secretary Robert Buckland KC has warned Keir Starmer that his nannying ban on tobacco and crackdown on vapes risks breaking international law. Mr Buckland, who voted in favour of the Bill before the last general election, has said that the ban as currently drafted is a “legal mess” which will unravel the Windsor Framework agreement with the EU.
The former cabinet minister and chairman of the Commons’ Northern Ireland select committee said the nanny state law will head “straight for the courts” if the Prime Minister presses ahead. Sir Keir re-upped Rishi Sunak’s proposed ban after the general election, which will make it illegal to sell tobacco to anyone born on or after January 1 2009 in an effort to fully phase out smoking for good. It will also ban the advertising of vapes, ban certain flavours of vapes, and crack down on disposable vapes.
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Mr Buckland warned: “Ministers are trying to legislate for the whole UK, but in doing so, they’re either breaching EU law or splitting the internal market. Either way, it’s a legal mess. I say this not as a political opponent of the policy. I voted for the Bill in principle, but looking at it from a legal standpoint, the detail of the Bill doesn’t stand up to close scrutiny.
“The Windsor Framework is not political window dressing, it’s international law. And if Parliament pushes ahead with this Bill as-is, we are heading straight for the courts. Northern Ireland’s courts have already shown they will strike down UK laws that conflict with the Framework. That is not theoretical, it's real, it's recent, and it's relevant.”
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He demanded that the government "hit pause”, and either negotiate an exemption for the ban from the Windsor Framework or make the legislation only apply to Great Britain.
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The generational ban will apply to anyone born in or after 2009 (Image: Getty)
The top legal brain concluded: “The courts have already shown they’ll strike down conflicting legislation. The right to buy legal goods like tobacco is protected under the Windsor Framework and the Good Friday Agreement.
“Strip that away, and the Government is staring down the barrel of a serious legal defeat. It risks breaching international law, undermining our internal market, and triggering yet another entirely avoidable constitutional crisis.”
Sir Keir’s government has already backed down on banning smoking in beer gardens, after being warned it would hammer an already struggling hospitality industry.
Hospitality owners had warned that the move would prove yet another hammer blow to the already struggling sector, with libertarians blasting the proposed attack on individual freedom.
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The Tobacco and Vapes bill was initially introduced by Rishi Sunak’s government, but he failed to pass it before the election despite cross-party support.
Health Secretary Wes Streeting said: “Unless we act to help people stay healthy, the rising tide of ill-health in our society threatens to overwhelm and bankrupt our NHS. Prevention is better than cure.
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“This government is taking bold action to create the first smoke free generation, clamp down on kids getting hooked on nicotine through vapes, and protect children and vulnerable people from the harms of secondhand smoke.
“This historic legislation will save thousands of lives and protect the NHS. By building a healthy society, we will also help to build a healthy economy, with fewer people off work sick.”
The Government was approached for comment.