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'Fatal Motion' tabled in the House of Lords. Is this the end of TPD Article 20 for the UK?

19, May, 2016


In an astonishing eleventh hour move, Lord Callanan - who many will remember as former MEP Martin Callanan, one of a small group who fought so valiantly to prevent Article 20 from being dragged up from the bowels of hell and put into law - has tabled a 'fatal motion' to kill off the TPD, and prevent its being implemented into UK law.

Make no mistake about it, this is a critical development, so let's examine why:

As already discussed, Lord Callanan was a leading voice in the successful efforts to block compulsory medicinal regulation at the European Parliament vote in October 2013 - medicinal regulation which would have completely wiped out any hope of legal vaping, leaving us with nothing but the black market to turn to. He is a hugely experienced senior politician, and we believe it is entirely fair to say that no other politician has been more effective at defending vaping than he has.

Under 'Motions relating to Delegated Legislation', we can read the glorious official wording:

Procedurally, there will be a debate in the House of Lords (yes, another one - we're sure everyone is still enjoying the last Lords debate (video and transcript) on this issue, led by another Vapers' Hero, Viscount Ridley), but crucially, this debate will be followed by a vote. Parliamentary rules dictate that, if the Lords agree to this motion, the statutory instrument implementing the TPD in the UK will fall. Such procedures are called 'fatal motions' because the regulations are killed outright and do not go back to the Commons.

(A note for fellow Political Geeks: the Lords have until 10th June to vote against this delegated legislation. That will mark the end of the 40 days of "praying time" during which a successful motion can block the statutory instrument. This is the case, even though the law will have gone into effect from tomorrow, 20th May 2016.)

Although ECITA remains firmly opposed to the provisions relating to vaping products in the TPD, we do support regulation for the industry. However, we believe it should be fit for purpose and proportionate, not flung together behind closed doors at the last minute - as happened with the TPD.

The only thing which could stop this motion being debated and voted on would be if Lord Callanan were pressurised (perhaps by Downing Street?) to withdraw his motion.

It seems unlikely that Lord Callanan would bow to such pressure, however, since he has clearly already decided that tabling this 'fatal motion' is the right thing to do.

But what's the political context for this vote? Well, we heard from a fairly long list of peers during last week's debate what their views on vaping are - and they were all very supportive. Even the minister (despite being rightly accused of being 'mealy mouthed' about it). However, all members of the Upper House will have the opportunity to vote on this motion, and some of them may not be so enlightened as those we heard from last week. This is part of the vapers' opportunity: WRITE TO THEM!!! EDUCATE THEM!!! Tell them, in no uncertain terms, that YOU will absolutely vote to leave the EU precisely because of poisonous and harmful EU Directives such as TPD Article 20.

So what would happen if the vote succeeds, and Lord Callanan's motion is carried? Well, technically, the EU could start "infraction proceedings" against the UK for not fully implementing Article 20. But would they really want to do this - at this crucial time? It would look very bad; Brussels needs to be making friends with the Brits, not encouraging anti-EU sentiment, which (let's face it) is already running pretty high - particularly amongst vapers!

Can we succeed?

There are many more of us now than there were in 2013, when Vaper Power helped to win the European Parliament vote. Back then, there were a mere 1.3 million vapers in the UK. Now, there are at least 2.8 million of us.

Westminster and Brussels have multiple good reasons to be helpful: politicians are seeing the evidence that some of the EU rules are no longer fit for purpose - and in many cases, speaking out publicly about this. But far more fundamentally, they don't want vapers deciding their referendum votes on this issue.


If ever there was a day for vaper power, this is it. The Twittersphere is already abuzz, but why not add your voice? Send your support for the #LordsVapeVote to @Number10gov @MartinCallanan @jeremycorbyn.

PLEASE don't just rely on Twitter though: we need to fill their email inboxes again! Write to your MP, MEP, Lords representative, and anyone else you can think of. Contact all the high profile Brexiteers we keep seeing and hearing on the news. Educate them about your experiences, and tell them what it  means for you in your life.

Those who are campaigning for us to stay in the EU keep telling us that we have sovereignty, that we have control, as citizens of the UK; perhaps this motion can allow them the opportunity to prove that this is actually the case - and if so, perhaps even we can be persuaded to change our vote from an emphatic OUT on 23rd June. Stranger things have happened....

Huge thanks to Ian Gregory for his most excellent engineering works!



Worldwide, there seem to be a really unethical plan to keep smokers using killer tobacco which will lead to illness and death. The fact that vaping was invented, and is such a huge game changer in the fight against cancer and other smoking related diseases, it seems to me that trying to destroy it, medicalize it or turn it over to Big Tobacco would defeat the very reason it was created. Innovation has made vaping more and more safe and successful. The success was not achieved by big tobacco or big pharma, but by regular folks who understand what was needed to make a great product even better. I quit a 43 year tobacco habit thanks to vaping with nicotine. It works....Please don't kill smokers by killing vaping and its innovative geniuses who are helping their fellow man break the chains of tobacco addiction. What you have been doing is purely a crime against humanity and I am asking you to please stop. Ethics must be used.

Kudos to Callanan.

Even if we win out on Article 20, that is no reason to change from an OUT vote on 23rd June. There are many other onerous EU directives and most of them will not be addressed. Also, Brussels will keep piling more and more new regulations on its members - that is the nature of bureaucracy.

In the days before the web, organizations like the EU might have been useful for things like harmonizing trade regulations and free inter-member travel. However, that is no longer needed and just puts the ability to influence regulations/laws further out of the general public reach.

Since you know from facts smoking kills, you should ban that and allow us to vape safely freely

Us vapors do nothing wrong

Vaping has been proven to be more safe than cigarettes
Only time it is dangerous is when people mix money n keys with there's mods
Vaping has helped me stop smoking I s to smoke 40 to 50 a day vaping is so much better I love everything about vaping and have met amazing people to please leave us alone vaping s not smoking it is not tobacco

Vaping has saved my life.. without vaping I would still be smoking poison that is added to cigarettes. I now feel a lot healthier for it.
It has now turned into a hobby for me. I feel I should not be restricted to what I buy, ie 120ml bottle of eliquid containing 1 box 1 bottle and 1 label rather than 12 x each which is a recycling shocker in this day and age will this be applied to purchasing cigarettes ie you can only buy two so you'll have to buy 5 packs to get the 10 someone would need

Have successfully dealt with my smoking habit for nearly 5 months with the aid of e-cigs. The EU TPD is a disgrace. You simply cannot place e-cigs in the same category as cigarettes.

Vaping stop me from smoking!! So instead of putting rules in place do a bit more research... Vaping has helped many to stop & even when they needed to stop smoking due to illnesses... You should look at how many have died through smoking and how many have due vaping! Infact I'll tell you how none have due to to vaping but 1000s have due to smoking... You all think there's loads of things in eliquid but there's only 4 chemicals PG, VG, FLAVOUR, NICOTINE!!! Where as a fag has thousands & can't names them cause there is that many. Plus do your research properly & there is hardly anyone on nicotine eliquid that are over 6mg and that's less nicotine in a ciggerette! So do your reacher before putting any rules in to place!!! Just because the tabbaco company are losing money!, because we've fount something better for a body! Doesn't mean to get rid of the 30ml or more bottles, or get rid of our nice tanks and RDA!!

I was a smoker for 25 years plus, moved over to vapping and have not smoked a single smoke since the day i stopped!!! I feel better, look healthier and i love that i have beat the beast! I am now down to 6mg and soon to head down to 3mg, so i see nothing but good happening here!!! Wise up, stop bulling folks and sucking up to the tobacco companies you wimps!!! Stand up and VAPE!!!

This is very useful as you can choose upto 6 Lords who haven't
been contacted (or contacted only a few times) and has a guide on what to write about!

Vaping has helped me so much and Paul McCarten is right.
Vaping cannot and should not be subject to the same legislation as tobacco.

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