Mordaunt and Badenoch ‘could vote against Sunak’s smoking ban’

Kemi Badenoch and Penny Mordaunt are still deciding whether to back the Tobacco and Vapes Bill – Tolga Akmen/Shutterstock

Penny Mordaunt and Kemi Badenoch are considering voting against Rishi Sunak’s flagship smoking ban on Tuesday evening, The Telegraph understands.

The two Cabinet ministers, both tipped for a future Tory leadership bid, are still deciding whether to back the Tobacco and Vapes Bill, seen as a potentially defining part of Mr Sunak’s legacy.

It raises the prospect that the Conservative backlash against the policy could spread all the way up to the top of the Government.

Sources close to Ms Mordaunt, the Commons Leader, said she is known to have reservations about the legislation, which would bar anyone born after 2009 from buying cigarettes. It is understood she has yet to make up her mind on how to vote.

Meanwhile, a source close to Ms Badenoch, the Business Secretary, said she was weighing the issue up and speaking to colleagues before making a decision.

The Bill 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.

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

On Tuesday, the Prime Minister’s spokesman urged Cabinet members to support the Bill, stressing: “If we want to build a better future for our children we need to tackle the biggest cause of death, which is smoking. It costs 80,000 lives a year, and costs the nation £70 billion a year.

“No parent wants their children to start smoking, and the Bill is about protecting future generations. He would urge everyone to consider that the Bill is seeking that future generations are smoke-free. The Chief Medical Officer said that the great majority of smokers are wishing they had never started.”

One backbencher estimated that around 100 colleagues could defy Mr Sunak, which would make it the biggest revolt of his premiership – albeit on a free vote. However a government source said they expected the number to be nearer 50.

The legislation is almost certain to pass regardless of any revolt, with Labour having 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 the Prime Minister reliant on Labour votes. To force a defeat, at least 274 Tories would need to oppose the policy, subject to how other parties voted.

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