On May 22, UK Prime Minister Rishi Sunak announced a surprise general election for July 4. The decision was met with raised eyebrows, especially because Sunak’s Conservative Party has fallen behind the opposing Labour Party in recent polls.
In recent months, Sunak’s government has made headlines for its “smoke-free generation” law proposal, which states that children turning 15 or younger this year will never legally be sold tobacco. Another proposal aimed to introduce a new tax on vaping that would see the price of e-liquids increase by as much as 44%.
Months of anti-vape proposals, public consultations, and speeches culminated in the Tobacco and Vapes Bill1House of Commons, Tobacco and Vapes Bill Government Bill, Originated in the House of Commons, Session 2023-24, 5 June 2024 https://bills.parliament.uk/bills/3703, which could be scrapped entirely after July 4. This renewed effort to control the vape market in the UK has been inextricably linked with Sunak’s time in office, which has led to confusion over the Bill’s exclusion from the “wash-up” period.
After an election is called in the UK, the active party undergoes a wash-up period, whereby it decides which bills to prioritize passing before parliament is prorogued.
On May 23, Commons Leader Penny Mordaunt outlined the Conservative Party’s wash-up schedule2House of Commons, Business of the House, Volume 750: debated on Thursday 23 May 2024, https://hansard.parliament.uk/commons/2024-05-23/debates/C52D3989-077A-4399-8E91-EB312A43EA86/BusinessOfTheHouse. It included the Leasehold and Freehold Reform Bills, which were both debated on 24 May, but made no mention of the Tobacco and Vapes Bill. However, Mordaunt has since said that parties are still discussing the future of bills not included in the schedule, which could mean that the Tobacco and Vapes Bill is still on the table.
The exclusion of the Tobacco and Vapes Bill from public discourse is even more confusing, considering Sunak mentioned it in his initial announcement. He reassured the public of his intention to “Make sure that the next generation grows up smoke-free”3T. Reporters, “Prime Minister’s election speech in full,” The Telegraph, May 22, 2024. Accessed: Jun. 18, 2024. [Online]. Available: https://www.telegraph.co.uk/politics/2024/05/22/rishi-sunaks-general-election-announcement-in-full/, something that has yet to be seen.
Despite Sunak’s promises, the fact remains that if the Conservative Party loses the election, there is no telling whether the proposed vape regulations will be written into law.
The Tobacco and Vapes Bill is just one of fourteen bills thrown off track by the wash-up period. Wash-ups are contentious, with many believing that the government uses the process as an opportunity to either ignore important issues or quickly push them through.
Speaking on wash-ups, House of Lords member David Lipsey said, “I have been working in one House or the other for more than 50 years and I just calculated that I have done 11 wash-ups. They are always a blood mess and they always will be, unless the procedure is properly revised.”4“Debate: Business of the House – 23rd May 2024 – Lord Lipsey extracts,” www.parallelparliament.co.uk. https://www.parallelparliament.co.uk/lord/lord-lipsey/debate/2024-05-23/lords/lords-chamber/business-of-the-house He also speculated that the government might be trying to “smuggle” new legislation into law through the historically chaotic wash-up period.
Speaking to the BBC in Wales, Sunak refused to provide a concrete answer regarding the future of the Tobacco and Vapes Bill. “I will do everything I can to move these things forward,”5“Rishi Sunak’s smoking ban bill set to be shelved due to election,” BBC News, May 23, 2024. Accessed: Jun. 18, 2024. [Online]. Available: https://www.bbc.co.uk/news/uk-politics-69053763#:~:text=Speaking%20to%20the%20BBC%20in he said, but was quick to add that the process “is dependent on the cooperation of other parties.”
