Sunak’s smoking ban at risk owing to election

Rishi Sunak’s flagship legislation to ban smoking has been shelved after his decision to call a snap election.

The Prime Minister’s smoking and vaping Bill – which would have phased out smoking for anyone born after 2009 - has been axed after Parliament ran out of time to pass it before its dissolution ahead of the July 4 general election.

It is among a host of Bills that have run out of time and will now be shelved for the next Government to decide whether to resurrect them.

They include plans to introduce life sentences for cyclists who kill or maim pedestrians, the renters’ reform Bill ending no fault evictions and the creation of an independent regulator to police football.

However, the victims and prisoners’ Bill – which includes plans to compensate victims of the infected blood scandal, the Post Office Bill reversing the convictions of hundreds of postmasters in the Horizon scandal and legislation banning foreign state ownership of papers have been saved.

Sunak has ‘won the argument’

Claire Coutinho, the Energy Secretary, defended the loss of the smoking ban legislation, saying the Prime Minister had “won the argument”.

Speaking on BBC Radio 4, she said: “He took a very bold decision to do something. He has won the argument. That’s what Rishi Sunak is like as a politician. The whole time I have known him he is the kind of person who takes on big arguments. I am sure in the future it will happen. I know, if re-elected, he will bring it back.”

Sir Keir Starmer indicated Labour would reintroduce smoking ban legislation if the party won the election. “We are committed to it,” he said, adding that he hoped there would be a cross-party consensus after the election.

Public bills cannot be carried over from one parliament to the next in the same way as they can be carried over from one session to the next within the lifetime of a parliament.

During the “wash-up” period, bills can be fast-tracked before Parliament’s dissolution but the Government is reliant on the cooperation of the opposition parties to reach an agreement on the bills – or parts of the bills – that can be hurried through.

Labour has said it will bring in the smoking ban if it wins the election, which means that even if it fails for this parliament, it could be revived by whoever wins the election.

Unlikely measures will be saved

The Criminal Justice Bill, which also included a crackdown on knives and anti-social behaviour, had still to complete its final Commons stages before going to the Lords, which means it is particularly vulnerable to being lost.

Some of its measures already agreed in the Commons, such as the dangerous cyclists amendment put forward by Sir Iain Duncan Smith, the former Tory leader, and backed by the Government, could be saved if part of the bill is rushed through, but two sources contacted by The Telegraph said it was unlikely.

In the Commons on Thursday, Sir Iain urged Penny Mordaunt, the Commons leader, to do what she could to ensure the “unanimously supported” dangerous cycling plan got through the “wash-up” process. “I will ensure that all those involved in the wash-up process have heard what he has said,” she replied.

Under the amendments, cyclists who kill and maim pedestrians by riding dangerously or carelessly would face a maximum of life in prison, similar to the sentences imposed on motorists.

More than a dozen other measures are under threat in the bill, including new powers to ban zombie-style knives and machetes, a crackdown on nuisance begging, new powers to tackle organised crime and fraudsters and criminalising the taking of intimate images to better protect women and girls.

There were also a series of amendments to the Criminal Justice Bill that had been tabled by senior backbenchers to decriminalise abortion and reduce the abortion time limit from 24 to 22 weeks. These will now fall for this parliament.

Also axed are the Government’s plans to scrap most jail sentences under 12 months to tackle the prison overcrowding crisis. They were a centrepiece of the Sentencing Bill, which has not yet had its second reading, meaning it will not be included in any wash-up of legislation.

Plans for an independent regulator for English football have also been kicked into touch by the wash up, despite all party support. It is likely to return regardless of which party wins the election.