Chamber and committees

As Dr Gulhane has indicated, the Scottish Government’s policy with regard to vapes has not changed. Vapes are one of a range of tools that smokers can choose to help them quit. We are clear that we do not believe that vapes are appropriate for non-smokers. However, the amendment that is in the LCM will ensure that, if the policy changes in the future, we can use the bill as needed to ensure that, if the view from a public health perspective is that vapes are a suitable tool for ceasing smoking, that can occur. Therefore, it is an important amendment.

I was also concerned and saddened having seen the coverage of the fire unfolding on Sunday, the devastation that it has caused to businesses and the disruption that it will cause to those travelling into and around Glasgow city centre. It is essential that the Scottish Fire and Rescue Service is now able to undertake full investigations with its multi-agency partners to understand the nature of the fire and why it spread as it did. It is inappropriate for me to comment further at this stage, but I want to be clear that we will consider the issues around the fire with an open mind, and, as the convener indicated, a topical question on the matter will be taken in the chamber this afternoon.

As you pointed out, those products are not currently captured by regulation on tobacco or vapes in the UK. As such, they are regulated only under general consumer product safety regulations. That means that there are currently no restrictions on the nicotine content. If it is passed, the Tobacco and Vapes Bill will introduce a range of restrictions, including on the age of sale, advertising, free distribution and retail register for the products. However, there would clearly be consultation on that.

Thank you, convener. Since I provided evidence to the committee on 6 May 2025, the Tobacco and Vapes Bill has continued to progress through the UK Parliament. The third reading in the House of Lords took place yesterday.

I am delighted to say that there continues to be cross-party support for the bill and for creating a tobacco-free Scotland for future generations. I am also pleased to let Parliament know that there continues to be productive and constructive engagement across the four nations over the bill’s development.

The amendments that are covered in this supplementary legislative consent memorandum further strengthen the bill and are in line with the tobacco and vaping framework and the population health framework.

Today, we are focused on a second supplementary LCM that was lodged in our Parliament on 27 February. It covers amendments on filters, technology in devices, advertising for public health and liability for internet service providers.

When introduced, the bill did not cover filters. The amendments bring filters into the scope of the bill, ensuring that the legislation is as comprehensive and future proof as possible. The new powers to extend provisions in Scottish legislation to filters rest with the Scottish ministers and will be subject to the affirmative procedure, allowing appropriate scrutiny by the Scottish Parliament.

The powers that are included in the parts of the bill that cover product requirements and advertising rest with UK ministers but will require the consent of the Scottish ministers where regulations contain devolved provision. I want to assure Parliament that any future regulations on filters will be informed by consultation.

Unfortunately, the technology in vaping devices and tobacco-related devices is developing rapidly. There are now vapes that contain games, messaging capabilities or Bluetooth connectivity—features that will undoubtedly appeal to young people. The amendments on technology in devices give powers to the secretary of state to regulate technology in vaping products or tobacco-related devices, such as heated tobacco devices. There will be a requirement for the secretary of state to obtain the consent of the Scottish ministers if any future regulations contain provision that would be within the legislative competence of the Scottish Parliament.

The amendment on advertising for public health provides clarity around the intentions of the bill and will introduce a new defence for advertising offences when a person is acting in accordance with arrangements made by a public authority. That will ensure that public authorities can enter into arrangements with businesses such as pharmacies to show materials that promote vaping or other non-medicinal nicotine products for public health campaigns. However, that does not mean that we are proposing to change our stance on vapes. Vapes are helpful to some people who wish to quit smoking and services should support people who make the choice to use a vape, but they are not without harm and they are not available via stopping smoking services in Scotland.

The intermediary liability for internet service providers amendment will ensure that there are exceptions to offences where a completely passive internet service is being provided. That applies to devolved and reserved offences. The amendment will not change the intended policy but will provide clarity on where the liability rests.

We continue to work across the four nations on the bill and officials have started to consider co-ordinated implementation plans where they are appropriate and right for Scotland. Most of the relevant enabling powers will require consultation before regulations are made. The Scottish Parliament will have the opportunity to scrutinise the content of future regulations to ensure that they meet the needs of Scottish policy.

I finish by thanking the committee for its consideration of the LCM. I recommend that the Scottish Parliament gives its consent to the amended provisions in the Tobacco and Vapes Bill.

Where we believe that elements of the bill will come into devolved competencies—and public health is a devolved competency—we would do the necessary work on that, probably along with Public Health Scotland, which has just been speaking and giving evidence to you. We would be able to do that under devolved competencies.

I thank the committee for giving me the opportunity to speak to the draft Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2026. The instrument will amend an order made in 2006 that is used by local authorities to license and inspect any business that provides skin piercing or tattooing in Scotland and which lays out a number of requirements that are aimed at reducing the health risks to the public when accessing such procedures.

The amending order will remove the requirements for acupuncture therapists to wear disposable non-latex gloves when treating someone whom they know to be living with a blood-borne virus. Removing those requirements will remove any doubt for those therapists. It will be clear that they should not feel that they need to ask their client whether they are living with a blood-borne virus, which is a question that some people feel uncomfortable to answer. The amendment will also help to reduce the stigma that people living with a blood-borne virus might feel when accessing acupuncture treatment.

Other existing requirements to wear disposable non-latex gloves in certain circumstances will remain in place. For example, should the therapist be handling items that are contaminated with blood or bodily fluids, or if they or their client have open lesions, the requirement to wear disposable non-latex gloves will remain. Therapists make the decision on any other reason to wear disposable non-latex gloves through individual risk assessments case by case.

Since the original order came into force in 2006, there have been many advances in the treatment of blood-borne viruses. Vaccinations and antiviral medication mean that people can maintain healthy lives through the treatment options that are available. Those advances mean that transmission of HIV has greatly reduced. The hepatitis B vaccination that is offered today for babies and people who are at high risk provides protection against acquisition, and hepatitis C can also now be cleared with medication in most cases.

I must highlight that acupuncture is considered a low-risk procedure. Should therapists continue to feel that they need to ask their client about blood-borne viruses and treat them differently if they confirm a positive status, that is no longer considered to be justified, given the advances in treatment and the low risk that is posed by the procedure.

Sadly, people living with blood-borne viruses still face forms of stigma every day. The Parliament’s Equalities, Human Rights and Civil Justice Committee held a focused inquiry in 2024 on the importance of reducing HIV stigma. It heard from people living with HIV in Scotland, who spoke about the stigma that they encounter and its effects, particularly in healthcare settings.

The Scottish Government remains committed to helping to reduce the stigma through promoting the positive impact of effective treatment and prevention that is available today, and by championing the changes that are required to ensure that people who live with blood-borne viruses are not treated any differently from others. The amendment to the 2006 order will assist in ensuring that people are not asked unnecessary questions when they seek treatment and will support us in delivering our commitment.

I can advise that, throughout the consultation, no stakeholders objected to amending the 2006 order to remove the provisions, and no evidence was provided to support further amendments to that order. It is not expected that the amendment will have any detrimental effect on businesses in Scotland.

Thank you for considering the amendment. I request the committee’s support to progress the order, and I welcome any questions that you might have to assist in your decision.

11:00

:I have nothing to add to my previous statement.

I move,

That the Health, Social Care and Sport Committee recommends that the Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Amendment Order 2026 [draft] be approved.

Motion agreed to.

:I will take the intervention.

:The amendments are necessary to meet the ambition to set training standards in the future.

Amendment 5 agreed to.

:I have previously indicated my intention to commence the bill’s key provisions in September 2027 to align with the Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026. Indeed, I have already made it clear that I do not intend to bring key sections of the bill into force until then.

Amendments 62 and 63, in Mr Balfour’s name, would imply a similar but not identical timeline, delaying commencement by a few months, depending on the date of royal assent. In practice, that would imply that key provisions, including offences, would come into force in early 2028. I am concerned that the current drafting of amendment 63 would not only delay the commencement of offences but prevent us from progressing any regulations under the bill.