Rishi Sunak and Kemi Badenoch.

Kemi Badenoch has announced she will be voting against Rishi Sunak’s phased smoking ban in a bodyblow to the prime minister’s authority.

In a sign of an impeding Tory rebellion over the issue, the cabinet minister said she could not support the Tobacco and Vapes Bill because she believes in the “principle of equality under the law”.

The PM’s plan will make it illegal to sell tobacco products to anyone currently 15 or younger. The legal age for buying tobacco – currently 18 – would increase every year by one year so that people born in or after 2009 will never legally be able to buy cigarettes.

Tory MPs have been granted a free vote, meaning they can vote with their personal conscience rather than follow the official party line, giving libertarian-minded Conservatives the chance to register their unease without consequence.

Badenoch’s rebellion is significant as she is seen as a future leader of the Conservative Party, with some suggesting she would be in the running to take over from Sunak if he was ousted even before the election.

The bill, which is facing its second reading in parliament on Tuesday night, is still likely to pass into law even with a big Tory backlash since Labour supports the plan.

I’m not a smoker and think it is an unpleasant habit, costly for both the individual and society.
The PM's intentions with this Bill are honest and mark him out as a leader who doesn't duck the thorny issues.

I agree with his policy intentions BUT….(1/4)

— Kemi Badenoch (@KemiBadenoch) April 16, 2024

Badenoch, the business and trade secretary, wrote on X: “I’m not a smoker and think it is an unpleasant habit, costly for both the individual and society. The PM’s intentions with this bill are honest and mark him out as a leader who doesn’t duck the thorny issues.

“I agree with his policy intentions BUT I have significant concerns and appreciate the PM making this a free vote. It gives me the opportunity to express my personal view, outside collective responsibility. The principle of equality under the law is a fundamental one. It underpins many of my personal beliefs.

“We should not treat legally competent adults differently in this way, where people born a day apart will have permanently different rights. Among other reasons it will create difficulties with enforcement. This burden will fall not on the state but on private businesses.

“Smoking rates are already declining significantly in the UK and I think there is more we can do to stop children taking up the habit. However, I do not support the approach this bill is taking and so will be voting against it.”

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