Stormont backs generational smoking ban - but concerns raised that the tobacco industry will use Windsor Framework to undermine law

On Monday, MLAs backed a motion to extend a generational smoking ban, first proposed by the UK government, to Northern Ireland.

It will make it an offence for anyone born on or after 1 January 2009 to be sold tobacco products – and ban the sale of non-nicotine vapes and other nicotine products to under 18s.

The legislation had unanimous support in the Assembly – but questions were raised by TUV and DUP MLAs about whether it would be legally possible given Northern Ireland is still subject to EU rules.

EU member states which proposed similar laws had to scrap them as they were deemed not to be compliant with an EU tobacco directive.

Last year the News Letter revealed that tobacco industry lobbyists were using the Windsor Framework in an attempt to undermine the government’s proposals by highlighting Northern Ireland’s continued subjection to EU regulations.

In correspondence seen by the News Letter, tobacco firm JTI UK had written to Stormont ministers to say such a ban in Northern Ireland “would be incompatible” with an EU regulation on smoking products “and so liable to be disapplied in Northern Ireland”.

North Antrim MLA Timothy Gaston – who supported the legislation – warned that “powerful voices within the industry” would seek to challenge the application of the law here.

“If, as I suspect it will be, this proves to be the case... with this law it is scandalous as people in Northern Ireland alone within the UK will be denied the protections offered by the Bill”, he said.

Health minister Mike Nesbitt said he wished the EU couldn’t “interfere in our legislative process” – but accepted that under the Windsor Framework the EU did have some powers.

The UUP leader said it was a matter for the UK government to make sure that the Tobacco and Vapes Bill is compliant with the post-Brexit trading arrangements.

The motion passed with no opposition.