Chamber and committees

I will hand over to Professor Bauld to answer that.

That is a good question. We were talking about that earlier. The LCM will allow us to include digital ways of getting identification, but it will not stop the use of paper identification. We will not be repealing provisions on the use of paper forms of identification from the Tobacco and Primary Medical Services (Scotland) Act 2010 until we have new regulations in place.

We will do some consultation on the regulations to ensure that we get them right, but it is through the important conversations that we have with trading standards and the regulatory review group representing businesses that we will understand the best way of implementing them if the decision is made to do so.

As I highlighted earlier, we also have the updated register, which will allow us to push out information to retailers, so that they are kept informed of any changes.

I often speak to officials about that. We currently have ASH Scotland doing a review of how smoke-free spaces around hospitals are being enforced. We will use that to look at the possibility of having other spaces, perhaps. Consultation is important, so we will have that work as part of an evidence base, but we will then go out and consult more widely, as I have highlighted before, with RRG and other organisations.

We have had a number of conversations about that issue in looking at the bill. We have raised challenges on that, because we recognise that some products might be described as rechargeable simply because they have a USB point in them. The bill has been drafted as broadly as possible. There is a requirement that, if something has a removable coil, it would be defined under the bill as not being rechargeable. That is the work that we have been doing on that.

I absolutely recognise that we need to make sure that we capture all the new products that are coming in; the bill has been drafted as broadly as possible.

Oh, you are referring to proxy purchasing. My apologies—I misunderstood your question. No, there is absolutely no change in that regard. Proxy purchasing would still fall under this bill.

Yes—I can picture it. My apologies. We advertised it at the Scottish women’s cup final on the advertising hoardings at Tynecastle last year and it shifted people’s awareness. That campaign was directed specifically at parents through posters and short podcasts. It was a very important campaign to ensure that parents recognise the concerns about children vaping.

You are absolutely right. The level of smoking in Scotland has stubbornly stayed at around 15 per cent. We have been working hard with Public Health Scotland to get in-depth data so that we can understand where we need to focus our work. We also work closely with community pharmacies and provide them with support. The posters can often be seen in those pharmacies.

We also work closely with health boards. Last year, we baselined funding within NHS budgets to ensure that they could spend money specifically on smoking cessation products and support, as their local needs required. It is very much a combined area of work to ensure that we support people who are addicted to nicotine products, whether they be cigarettes or vapes. In fact, I have had a few letters about the issue from concerned parents, and we can always point them in the direction of the smoking and vaping cessation support that we have in Scotland.

The evidence base is being built up now, but, yes, most definitely, young people who are smoking or vaping can access the support facilities. There is also a new study that has been funded, which Professor Bauld will tell you about.

I absolutely agree that we need to do a bit more about those novel products—if I may call them that—and that is exactly what the bill aims to do: it aims to bring products such as heated tobacco and snus under the legislation to ensure that we have better powers to reduce their availability to young and older people. As I understand it, a lot of evidence gathering is still going on in the area, because we need to ensure that we have robust evidence in that respect.

Since I provided evidence on 7 December, the Tobacco and Vapes Bill has continued its progress through the UK Parliament, with its second reading in the House of Lords on 23 April. I am delighted to say that there continues to be cross-party support for the bill and for creating a tobacco-free country for future generations.

We are here to discuss the supplementary legislative consent memorandum to the bill that was lodged in our Parliament on 28 March, which specifically relates to an amendment on age verification. The amendment, which relates to clause 60 of the bill, ensures that we have the ability to prescribe more age verification options in an ever more digital world. Currently, someone who is accused of selling products contrary to the age of sale restrictions in Scotland might have a defence if they check certain prescribed identity documents, and the clause seeks to amend the Tobacco and Primary Medical Services (Scotland) Act 2010 to ensure that Scottish ministers will have a power to prescribe a wider range of methods of age verification in regulations.

Once commenced, the current prescribed list of documents on the face of the 2010 act will be removed but can effectively be replaced by regulations. Ministers will have the flexibility to authorise digital forms of age verification in the future, should they be satisfied that it is appropriate to do so at the time. Scottish ministers will have the power to commence those changes through regulations, which will provide flexibility with regard to when any new regulations need to be brought forward. Consideration will be given to whether consultation is needed and, if so, to the nature of such consultation, depending on the content of future regulations.

In so far as new powers are being granted to Scottish ministers to make regulations, any such regulations will be subject to the negative procedure. The Scottish Parliament will, therefore, have the opportunity to closely scrutinise the content of those regulations to ensure that they meet the needs of Scottish policy. The amendment will ensure that Scottish ministers have the ability in future to accommodate developments in age verification, and it will enable the Scottish Parliament to appropriately scrutinise any such proposals and associated regulations in more detail at the relevant stage of the process.

I therefore recommend that the Scottish Parliament consent to the supplementary legislative consent memorandum.