Prohibition of the sale and supply of single-use vapes: child rights and wellbeing impact assessment - interim stage 2

Analysis of the evidence

4. How have the findings outlined in questions 1-3 influenced the development of the relevant proposal? (Guidance Section 2.2)

The evidence that we have documented has reinforced the need to take action against the use of single-use vapes to eliminate the environmental impact. The recommendations from the Scottish Youth Parliament suggest that the Scottish Government introduce a ban as soon as possible and identify interim measures to minimise the environmental impact on disposable (single-use) vapes.

Children in Scotland called for legislation in Scotland related to vaping needs to change and be aligned with laws on tobacco and cigarettes. They also called for an awareness raising campaign for everyone about the impact of disposable vaping products on the environment. Barnardo’s has also welcomed the legislation.

5. Assessing for compatibility against the UNCRC requirements (Guidance Section 2.2)

Complete the below matrix, placing a tick against each article which is relevant to your existing legislation or decision or relevant proposal. Further on in the form you will be able to explain these answers in more detail.

UNCRC Articles

Please click on the triangle to expand and collapse the text for a full definition of each article.

What impact does/will your relevant proposal have on children’s rights (positive, negative or neutral)

Article 1 Definition of the child (neutral impact)

Article 2 Non-discrimination (neutral impact)

Article 3 Best interests of the child (positive impact)

Article 4 Implementation of the Convention (neutral impact)

Article 5 Parental guidance and a child’s evolving capacities (neutral impact)

Article 6 Life, survival and development (positive impact)

Article 7 Birth registration, name, nationality, care (neutral impact)

Article 8 Protection and preservation of identity (neutral impact)

Article 9 Separation from parents (neutral impact)

Article 10 Family reunification (neutral impact)

Article 11 Abduction and non-return of children (neutral impact)

Article 12 Respect for the views of the child (positive impact)

Article 13 Freedom of expression (neutral impact)

Article 14 Freedom of thought, belief and religion (neutral impact)

Article 15 Freedom of association (neutral impact)

Article 16 Right to privacy (neutral impact)

Article 17 Access to information from the media (neutral impact)

Article 18 Parental responsibilities and state assistance (neutral impact)

Article 19 Protection from violence, abuse and neglect (neutral impact)

Article 20 Children unable to live with their family (neutral impact)

Article 21 Adoption (neutral impact)

Article 22 Refugee children (neutral impact)

Article 23 Children with a disability (neutral impact)

Article 24 Health and health services (positive impact)

Article 25 Review of treatment in care (neutral impact)

Article 26 Social security (neutral impact)

Article 27 Adequate standard of living (neutral impact)

Article 28 Right to education (neutral impact)

Article 29 Goals of education (neutral impact)

Article 30 Children from minority or indigenous groups (neutral impact)

Article 31 Leisure, play and culture (neutral impact)

Article 32 Child labour (neutral impact)

Article 33 Drug abuse (neutral impact)

Article 34 Sexual exploitation (neutral impact)

Article 35 Abduction, sale and trafficking (neutral impact)

Article 36 Other forms of exploitation (neutral impact)

Article 37 Inhumane treatment and detention (neutral impact)

Article 38 War and armed conflicts (neutral impact)

Article 39 Recovery from trauma and reintegration (neutral impact)

Article 40 Juvenile justice (neutral impact)

Article 41 Respect for higher national standards (neutral impact)

Article 42 Knowledge of rights (neutral impact)

First optional protocol

Article 4 (neutral impact)

Article 5 (neutral impact)

Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law that are more conducive to the realization of the rights of the child.

Article 6 (neutral impact)

Article 7 (neutral impact)

Second Optional Protocol

Article 1 (neutral impact)

Article 2 (neutral impact)

Article 3 (neutral impact)

Article 4 (neutral impact)

Article 6 (neutral impact)

Article 7 (neutral impact)

Article 8 (neutral impact)

Article 9 (neutral impact)

Article 10 (neutral impact)

Article 11 (neutral impact)

6. Impact on children and young people (Guidance Section 2.2)

In relation to the UNCRC articles that you have ticked above, please explain how your relevant proposal will impact or currently impacts on individual or groups of children. Please give consideration to groups who may be considered at greatest risk of not having their right fulfilled.

The majority of the articles have been noted as having no impact with this policy change. As already stated single-use vapes should be already inaccessible to children and young people, however the ban of disposable (single-use) vapes will likely have some positive impacts under the following Articles:

• Article 3 (best interests of the child)
• Article 6 (life, survival and development)
• Article 12 (respect for the views of the child)
• Article 24 (health and health services)

The ban of disposable ( single-use) vapes will have a positive impact on the health and wellbeing of children and young people.

The main ingredient of vapes that poses a health risk to children and young people is nicotine. When inhaled, nicotine is a highly addictive drug. The addictive nature of nicotine means that a user can become dependent on vapes when they use them regularly.

There are also some health risks associated with the other ingredients in vapes. For example, propylene glycol and glycerine (components of e-liquids) can produce toxic compounds if they are overheated. The long-term health harms of colours and flavours when inhaled are unknown, but they are very unlikely to be beneficial.

The long term health impacts of vapes are still emerging, however, as highlighted previously the Scottish Government is taking a precautionary approach to protect public health and prevent nicotine addiction and other known potential health harms deriving from the use of vaping products in children and young people.

We have also evidenced the environmental benefits in prohibiting the sale and supply of disposable (single-use vapes), including:

• A reduction in littering and the associated chemicals and microplastics which can leach into soil.
• Reduced fire risks at recycling and waste plants, and the associated reduction in harmful substances released into the atmosphere as a result.
• A reduction in demand for critical raw materials.

The combined environmental benefits of prohibiting the sale and supply of disposable (single-use) vapes will have immediate short term benefits and long term benefits for current and future generations of children and young people in Scotland.

Several evidence sources cited in this CRWIA have reported increasing concern about the rise in the use of vapes (in particular single-use vapes) among children and young people. The proposal to prohibit the use of disposable (single-use) vapes directly responds to and aim to address these concerns.

While all vapes (including single-use vapes) should already be inaccessible to children and young people, we recognise that the proposed legislation will have some potentially negative impacts on those who are currently using single-use vapes.

Evidence suggests that the majority of those under 18 mainly use disposable (single-use) vapes^[23]. For those children and young people, there may be potential negative impacts including suffering from nicotine withdrawal symptoms. It is also possible that those children and young people may pick up smoking rather than vaping, once the ban is introduced. Studies suggest that the same genetic or environmental factors that increase the likelihood of someone vaping also increase the likelihood of someone smoking^[24]. However, services will be introduced to support young people experiencing nicotine withdrawal once the ban on disposable (single-use) vapes is introduced.

There is concern among some stakeholders that a ban will lead to a rise in illicit supply of single-use vapes via peers or social media sites. While most frequent source of vapes is shops (48%), this is closely followed by given (46%) and informal purchase (26%)^[25]. We will work with enforcement colleagues, including Trading Standards, to prevent children and young people accessing any illegally distributed disposable vapes once a ban is introduced.

We do not anticipate that this legislation impinges upon articles of the UNCRC or the indicators of wellbeing (SHANARRI). Overall we believe that the positive impacts identified by prohibiting the sale and supply of disposable (single-use) vapes outweigh the negative impacts for children and young people.

7. Negative Impact/Incompatibility (Guidance Section 2.2)

If negative impact is identified in Question 5 above, can you elaborate on this and explain why impact is or will be negative?

Are there any potential concerns about compatibility with the UNCRC requirements? Please explain these here.

8. Options for modification or mitigation of negative impact or incompatibility (Guidance Section 2.2)

What options have been considered to modify the existing legislation or decision or relevant proposal in order to mitigate negative impact or potential incompatibility issues?

N/A

Please summarise mitigation actions taken in the below table:

Mitigation table

9. Positive impact: Giving better or further effect to children’s rights in Scotland (Guidance Section 2.2)

If positive impact is identified in Question 5, please reflect on and explain how your relevant proposal currently protects, respects and fulfils children’s rights in Scotland or will do so in future.

All of the rights which have been impacted are positive. These have been explored in question 6.

10. Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.2)

Please tick all of the wellbeing indicators that are relevant to your proposal.

Wellbeing Indicator

Safe - Growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential. This includes freedom from abuse or neglect.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No

Wellbeing Indicator

Healthy - Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: Yes

Wellbeing Indicator

Achieving - Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No

Wellbeing Indicator

Nurtured - Growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No

Wellbeing Indicator

Active - Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No

Wellbeing Indicator

Respected - Being involved in and having their voices heard in decisions that affect their life, with support where appropriate.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: Yes

Wellbeing Indicator

Responsible - Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No

Wellbeing Indicator

Included - Having help to overcome inequalities and being accepted as part of their family, school and community.

Will there be an improvement in wellbeing in relation to this indicator: yes/no: No