The next group of amendments relates to electronic cigarettes. The lead amendment in the group is amendment 6, and I call on Rhys ab Owen to move and speak to the amendment. Rhys ab Owen.

Amendment 6 (Rhys ab Owen) moved.

Diolch yn fawr, Llywydd, and I'd like to move amendments 6 and 10 on e-cigarettes. And I'd like also to thank constituents for raising this particular issue with me.

It appears that this is an emerging litter trend in single-use vapes, which are not only made out of plastic, but also contain batteries with evaluative harmful chemicals and even pose a fire risk. Each disposable vape comes with its own packaging. There's a box, there's a sealable foil, a vacuum-pack box, which is non-recyclable, and usually, a couple of small plastic stoppers attached to the vape itself that you detach before you use. All of these, then, after a single use, are discarded.

My amendments address a particular concern around vaping devices and e-cigarettes, because the discarded devices all contain a lithium battery, which could be recycled. Lithium is essential for any shift to net zero, so it's completely wrong that these batteries are ending up in landfill. I'm grateful for information that I've received from Keep Wales Tidy, who've started to collect data on vaping litter on our streets. They've heard from a number of Welsh local authorities over the past year, who have all highlighted this as an emerging and growing issue. More specifically, Keep Wales Tidy are concerned about the rise of single-use vapes, which are purposely designed for only one use and then discarded. An increase of these items appears to be creating a new litter trend that correlates with consumer behaviours.

In addition, and probably not relevant here, but there is a public health issue here. Recent evidence shows that single-use vapes are increasingly being used by children between the ages of 11 and 17, and they are sold not in concealed units, like tobacco, but often presented in brightly coloured cabinets. Vaping litter is normally found in the same areas where you might expect to find smoking litter, suggesting that there is some similarity in the behaviours of smokers and vapers, due to the necessity of having to go outside or to designated areas. Like cigarettes, they contain chemicals that are harmful to our soils, our waterways, our wildlife, but also contain batteries, which have an additional toxic mix of chemicals that can be released if the casing is damaged or left to deteriorate. They can even be a potential fire hazard in hot temperatures.

Surveys carried out earlier this year found that they were present on 6.8 per cent of streets in Swansea. Now, although this is likely to be a significant underestimation, as the surveys don't take into account parks, green spaces or beaches, according to Keep Scotland Beautiful and the Marine Conservation Society, more than 1 million disposable vapes are sold every week in the UK, and two are thrown away every second. It is also important to note that there are currently no adequate recycling or take-back facilities for these items. Some people, I hear, are putting them in supermarket battery collection points, although it is unlikely that these will be dealt with properly, due to the additional processing required to access the battery. Single-use vapes are therefore very much at odds with Wales becoming a greener society and prevent us having a more appealing environment for us all. There are no producer-responsibility requirements with them, and they are relatively new on the market. Therefore, I believe that there's a significant case for including single-use e-cigarettes into this Bill specifically. This would represent a truly significant move towards a prevention-first approach, rather than us being on the back foot every time. Minister, we in Wales could be a beacon of early action to address a known problem before further harm is caused. The latest survey by Keep Wales Tidy in my region, the county of Rhondda Cynon Taf, showed a 5.2 per cent presence of single-use vapes. Now, although this may sound small, this is quite high for a relatively new litter item. So, this is 5 per cent on top of current litter levels—not part of. The Keep Wales Tidy surveyor was also keen to point out that the vape pens were often found in numbers, not as single isolated incidents.

These are tough times, with people worried about whether they can have a decent standard of living, but it's not just about money. We know, in Wales, in our hearts, that there are other kinds of wealth, in our relationships with our friends, family, and in our communities, and we have in Wales the beautiful natural environment, our landscape, our mountains, our rivers and our seas, which makes me passionate about our nation. We must do everything in our power in this Senedd to protect them, so please support my amendments this afternoon. Diolch yn fawr.

Minister.

Amendment 9, proposed by Rhys ab Owen, would add disposable e-cigarettes to the Schedule, meaning that they would be banned. Amendments 6, 8 and 10 are consequential to this amendment. Of course we recognise that there's anecdotal evidence of an increased littering problem with single-use e-cigarettes, but this is a complex area, as Rhys himself has just set out, and requires much further evidence gathering before we consider whether a ban is the most appropriate action.

From a health perspective, we have indeed historically had a cautious approach to e-cigarette products in Wales, given that the evidence on their long-term effects is developing and given their potential appeal to children and young people. Just to be absolutely clear, Llywydd, e-cigarettes should never be used by children, young people, or anyone who is a non-smoker. However, we recognise that, for some people, e-cigarettes and other nicotine products are useful tools to help them stop smoking, with current evidence suggesting that they're substantially less harmful than smoking tobacco. In the 2018-19 national survey for Wales, which is the most recent survey where people were asked why they used e-cigarettes, 76 per cent of current e-cigarette users stated their reason for using e-cigarettes was to help them quit smoking tobacco products. We very much need to investigate and balance these factors before coming to a decision on what action to take on the littering of e-cigarettes. So, for this reason, I'm unable to support amendments 6, 8, 9 or 10. 

Turning to amendment 7, which seeks to add disposable e-cigarettes to the list of products appearing in section 4, which relates to the requirement to consider and then report on the potential banning of disposable e-cigarettes, while I agree in principle at looking at e-cigarettes further, I cannot accept this amendment at this time, as the Member has not defined 'disposable'. Further consideration of these products' current use and the type of products marketed as 'disposable' would be required. We do need to be clear about which products we're actually looking at. I therefore cannot support amendment 7, although, of course, the absence of a specific reference to e-cigarettes in section 4 will not preclude us from considering whether certain single-use plastic types of e-cigarettes should be banned, nor from reporting to the Senedd on that consideration, as we will do with other products in respect of which we're considering taking action in the future. I will certainly be asking my policy officials to work with their colleagues in health to begin the work needed, as we consider this matter from both a health and an environmental perspective. Diolch. 

Rhys ab Owen to respond.

Diolch yn fawr, Llywydd. I have nothing much to add to what I've already said following the comments of the Minister. I'm grateful that she will make further considerations following my amendments. Diolch yn fawr.

The question is that amendment 6 be agreed to. Does any Member object? [Objection.] Yes, there is objection. Therefore, we will move to a vote on amendment 6. Open the vote. Close the vote. In favour 13, no abstentions, 40 against. Therefore, amendment 6 is not agreed.

Amendment 6: For: 13, Against: 40, Abstain: 1

Amendment has been rejected

We now move to a vote on amendment 1, which was debated as part of group 1. Minister, do you move the amendment?

Amendment 1 (Julie James) moved.

Formally.

Yes, it's moved. Therefore, is there any objection to amendment 1? Objection?

Is there any objection?

No objection to amendment 1. Therefore, amendment 1 is agreed.

Amendment agreed in accordance with Standing Order 12.36.