Kemi Badenoch will vote against the smoking ban championed by Rishi Sunak.
The Tobacco and Vapes Bill, which effectively bans young people from ever being able to smoke legally, was seen as a lasting achievement of Rishi Sunak’s premiership after it was picked up by Labour following the party’s landslide victory in July.
Ms Badenoch has maintained her opposition to the legislation as leader of the Conservative Party after she voted against the Bill as business secretary when it was first introduced in April.
At the time, she said she had concerns that the Bill would give people born a day apart permanently different rights.
Tory MPs were given a free vote on the legislation, which passed to a second reading, but it did not make the statute book before the general election.
Speaking ahead of Tuesday’s vote on Labour’s new version of the Bill, a Conservative Party spokesman said: “Kemi acted on her convictions in voting against the Bill once before. Now Labour have made a bad Bill even worse and she will be voting against it once again.”
Tory MPs will be given a free vote on the legislation.
The landmark legislation is intended to create the first smoke-free generation by preventing younger children from accessing cigarettes and vapes.
Alongside the ban on the sale of tobacco-based products to people born on or after Jan 1 2009, the Bill will outlaw vape advertising likely to be seen by children, such as posters displayed on buses, in cinemas and in shop windows.
Vape flavours and packaging that overtly appeal to children could also be banned, subject to a consultation.
‘Urgent intervention’
Wes Streeting, the Health and Social Care Secretary, said: “The number of children vaping is growing at an alarming rate and without urgent intervention, we’re going to have a generation of children with long-term addiction.
“It is unacceptable that these harmful products are being deliberately targeted at children with brightly coloured packaging and flavours like ‘gummy bear’ and ‘rainbow burst’.
“The Tobacco and Vapes Bill provides the protection that children and young people need to avoid a life imprisoned by addiction. That’s why it’s so incredibly important it is voted through.”
Prof Chris Whitty, the Chief Medical Officer for England, said: “If this major piece of legislation is passed, it will accelerate a smoke-free generation and lead to children never being trapped by addiction to cigarettes with lifelong harms to their health.
“The rising number of children vaping is a significant concern, and the Tobacco and Vapes Bill will help prevent marketing vapes to children, which is utterly unacceptable.
“Reducing the number of vulnerable people exposed to second-hand smoke, as well as preventing non-smokers taking up vaping is important, and will improve the health of the nation.”