Prohibition of the sale and supply of single-use vapes: equality impact assessment results - interim

Executive summary

1. This Equalities Impact Assessment (EQIA) has been carried out to identify potential impacts resulting from the introduction of a prohibition on the sale and supply of single-use vapes (hereafter referred to as a ban on single-use vapes). This includes both nicotine and non-nicotine containing products since the environmental concerns exist for both types of products. Reusable vapes will be unaffected by this change.

2. The proposal may impact on some people with certain protected characteristics more than others. Initial analysis suggests that the proposal could have a more significant impact on those with a disability and on older individuals.

3. Other factors investigated in relation to other protected characteristics do not appear, at this stage, to raise significant equality-related issues. There is potential this may be due to a lack of available published information and the individual circumstances of those impacted. Direct engagement with equality groups and individuals may identify further impacts, and we will seek to do this ahead of and during the forthcoming consultation period. Initial contact was made with a number of representative organisations ahead of the consultation period.

4. It is important to note that the protected characteristics are not independent of each other, and some people may be affected by complex and interconnected issues related to disadvantage at any one time. It is also recognised that this intersectionality also applies to those experiencing socio-economic disadvantage, as highlighted in the Fairer Scotland Duty Assessment and those living in Island communities (ICIA).

5. Given the importance of assessing the impact on each of the protected characteristics, the Scottish Government has considered the proposal against the needs of the general equality duty as set out in section 149 of the Equality Act 2010 and has considered whether the measure could constitute direct and/or indirect discrimination.

6. Specifically, the EQIA considers impacts on equalities groups based on the three tests it is required to address:

• Does this policy eliminate discrimination for each of the 9 protected characteristics (PCs). If not is the discrimination justifiable? Can it be mitigated?
• Does this policy advance equality of opportunity for PC groups?
• Does this policy foster good community relations between people of PC groups.