Blow for Rishi Sunak as nearly HALF his MPs fail to back flagship cigarettes ban and leadership hopeful Kemi Badenoch warns Tories risk being on the 'road to hell'
Rishi Sunak is facing fresh doubts about his future today after nearly half his MPs failed to back the flagship cigarettes ban.
Some 59 Tories - including six ministers - went against the PM as the phased block on sales of tobacco products cleared its first hurdle in the Commons last night.
A total of 165 Conservative MPs did not support the measures, which were branded 'nanny state' by critics including former premier Liz Truss.
The legislation still comfortably passed the second reading stage thanks to backing from Labour and other parties. As it was classed as a conscience issue, there was technically no rebellion as the government did not whip.
But Business Secretary Kemi Badenoch - tipped as a potential future leader - was among those who voted against.
![Rishi Sunak is facing fresh doubts about his future today after nearly half his MPs failed to back the flagship cigarettes ban](https://i.dailymail.co.uk/1s/2024/04/17/09/83748677-0-image-a-17_1713340829182.jpg)
Rishi Sunak is facing fresh doubts about his future today after nearly half his MPs failed to back the flagship cigarettes ban
![Business Secretary Kemi Badenoch - tipped as a potential future leader - was among those who voted against](https://i.dailymail.co.uk/1s/2024/04/17/09/83748693-0-image-a-16_1713340822181.jpg)
Business Secretary Kemi Badenoch - tipped as a potential future leader - was among those who voted against
![The proposed ban cleared its first parliamentary hurdle last night by a margin of 383 to 67](https://i.dailymail.co.uk/1s/2024/04/16/19/83724361-13315821-image-m-17_1713291758069.jpg)
The proposed ban cleared its first parliamentary hurdle last night by a margin of 383 to 67
Afterwards she voiced 'significant concerns' about the legislation, which would mean no-one aged 15 or under now will ever be able to buy cigarettes legally.
She told LBC that the Tobacco and Vapes Bill will eventually 'mean a 50-year-old could do something and a 49-year-old couldn't'.
'How we draft legislation and the approach we take is just as important as the intentions,' she said.
'You know that phrase: the road to hell is paved with good intentions - it applies to so many areas of policy where we allow the thing we want to do to justify the means. But I don't think the end justifies the means.'
The infighting will fuel speculation that Mr Sunak could face a challenge if - as expected - the Tories suffer a meltdown in local elections next month.
Ms Badenoch was joined in voting against the Bill by fellow Government ministers Steve Baker, Alex Burghart, Andrew Griffith, Julia Lopez and Lee Rowley.
The 59 Tory MPs to oppose the plans - including two 'Noe' tellers - also included ex-Cabinet ministers Suella Braverman, Sir Simon Clarke, Robert Jenrick, and Sir Jacob Rees-Mogg.
A further 106 Conservatives failed to record a vote tonight, meaning many will have actively abstained.
Those not voting included Penny Mordaunt, the Leader of the House of Commons, former Tory leader Sir Iain Duncan Smith, and ex-defence secretary Ben Wallace.
After the vote, shadow health secretary Wes Streeting swiped that it was 'only thanks to Labour MPs' that Mr Sunak saw his plans approved by the Commons.
'Rishi Sunak put this Bill at risk by granting a free vote, because he is too weak to stand up to the Liz Truss-wing of his party,' he said,
'Labour first proposed a progressive ban on smoking more than a year ago, and it was only thanks to Labour MPs that this Bill passed.'
Ms Badenoch is widely viewed as a leading contender to succeed Mr Sunak as party leader if the Tories lose the looming general election.
Mr Sunak wants to ban tobacco sales to anybody born on or after January 1, 2009 - meaning children aged 15 or younger today will never legally be sold a cigarette in England.
The PM's Bill also gives the Government powers to tackle youth vaping, with restrictions on flavours and new rules on packaging and selling vapes.
![](https://i.dailymail.co.uk/1s/2024/04/16/18/83722433-0-image-a-6_1713288737002.jpg)
![Ex-PM Liz Truss slammed Mr Sunak for 'limiting freedom' with his plans for a smoking ban as MPs geared up for the crunch vote](https://i.dailymail.co.uk/1s/2024/04/16/15/83708613-0-image-a-2_1713276047392.jpg)
Ex-PM Liz Truss slammed Mr Sunak for 'limiting freedom' with his plans for a smoking ban as MPs geared up for the crunch vote
![Victoria Atkins](https://i.dailymail.co.uk/1s/2024/04/16/15/83706319-0-Victoria_Atkins-a-6_1713276110344.jpg)
![Wes Streeting](https://i.dailymail.co.uk/1s/2024/04/16/15/83708627-0-Wes_Streeting-m-5_1713276107176.jpg)
Health secretary Victoria Atkins (left) and her Labour shadow Wes Streeting both supported the proposals
Tory MPs voting against the Bill were joined by 7 DUP MPs, Reform Party MP Lee Anderson, and Workers Party of Britain MP George Galloway.
Some 178 Conservatives supported the Bill according to the list, alongside 160 Labour MPs, 31 SNP MPs, 5 Liberal Democrats, 3 Plaid Cymru MPs, 2 independents, and the Alliance Party's Stephen Farry.
Ms Badenoch wrote on X ahead of the Commons vote: '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.'
During tetchy exchanges in the Commons, Ms Truss swiped that the Government was 'infantilising' Brits by taking away their choice.
Stressing that she was not a supporter of smoking, she said she was 'disappointed' that the Tory administration thought the 'state knows best'.
Ms Truss said Labour was the right home for 'finger-wagging, nannying control freaks'.
The intervention came as Labour's shadow health secretary West Streeting gloated that Ms Truss and her allies were right to brand the proposals 'un-Conservative'.
He said he was 'delighted' to support the measures after they were 'adopted' by Mr Sunak.
The PM has insisted it is right to protect children, while Chief Medical Office Chris Whitty dismissed criticism of the ban by saying many people cannot give up after becoming addicted.
![The legislation will ban tobacco sales to anybody born on or after January 1 2009, meaning no one under the age of 15 in England will be able to legally buy a cigarette](https://i.dailymail.co.uk/1s/2024/04/16/00/83682783-13312233-image-a-30_1713223710559.jpg)
The legislation will ban tobacco sales to anybody born on or after January 1 2009, meaning no one under the age of 15 in England will be able to legally buy a cigarette