Ministers set to rebel on smoking ban

Senior figures may vote against Sunak policy amid claims 100 backbenchers could well follow suit

AT least three Cabinet ministers are considering voting against Rishi Sunak’s flagship smoking ban on Tuesday, The Telegraph understands.

Several senior ministers are undecided on whether to back the legislation days before it faces its first Commons test, raising the prospect that the Tory backlash over the policy could spread all the way up to the top of Government.

Under the plans, which will be debated by MPs for the first time on Tuesday, the legal age at which people can purchase cigarettes will rise annually from the age of 18, effectively banning anyone currently aged 14 or younger from ever being able to buy cigarettes.

Disposable vapes will also be banned outright, while reusable ones will be limited to four flavours.

Mr Sunak put the radical move front and centre of his keynote speech at Tory conference last autumn, saying the changes were a chance to “do the right thing for our kids”.

It is seen as a potentially defining part of his legacy. The Prime Minister has said the proposals will save tens of thousands of lives, and billions of pounds for the NHS.

However critics have deemed the policy “absolutely nuts” and an extension of the nanny state.

The policy will be put to a free vote, meaning the usual collective responsibility that binds ministers does not apply. As a result, both Cabinet members and ordinary Tory MPs can vote against Mr Sunak’s plan without facing any disciplinary action.

One backbencher estimated that around 100 colleagues could defy the Prime Minister, which would make it the biggest revolt of his premiership – albeit on a free vote.

However, the legislation is almost certain to pass regardless of any Conservative backlash, as Labour have agreed to back it.

The Government’s working majority is now 51, meaning only 26 Tories would have to vote against the plans to leave Mr Sunak reliant on Labour votes. To force a defeat, at least 274 Tories would need to oppose the policy, subject to how other parties voted.

While Downing Street is sure to argue that any Cabinet minister who opts not to vote with the Prime Minister

‘When the party of Churchill wants to ban cigars, donnez-moi un break, as they say in Quebec’

is within their rights to take a different view, a lack of support at a senior level would doubtless raise questions about the degree to which they have confidence in Mr Sunak’s judgment.

It will also fuel concerns that the move is “unconservative” and “illiberal”.

A source close to Suella Braverman, who was sacked as home secretary by Mr Sunak in November, told The Telegraph on Thursday she was “not a fan” of the proposals.

Liz Truss, the former prime minister, has called the move “profoundly unconservative” and an example of the “nanny state” in action.

Boris Johnson has described the plan as “absolutely nuts”, adding: “When the party of Winston Churchill wants to ban cigars, donnez-moi un break, as they say in Quebec. It’s just mad.”

Rebels are split about whether to oppose the Bill outright or attempt to amend it. There will not be the opportunity for changes until it moves to its report stage following Tuesday’s vote.