When Rishi Sunak first unveiled his plans for a smoke-free generation, Downing Street was clear it would be a free vote. Such are the divisions in the Tory party over the issue and the question of personal liberty that there were never any plans to whip the vote. As expected, Sunak’s policy to make it illegal for people born in or after 2009 to buy tobacco has attracted many internal Tory critics. Former Prime Minister Liz Truss has been leading the charge today in the chamber, criticising Sunak for being a nanny state figure.

However, given Sunak and Truss agree on very little these days, her critique was expected. More notable is the first member of the cabinet to speak out. Step forward Kemi Badenoch. The Business Secretary has announced her intention to vote against the government policy this afternoon.

Explaining her decision Badenoch said:

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

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.

Now while it is a free vote, Badenoch going against it will disappoint No. 10. It also sends a reminder to the party and membership of where she sits on liberty – a key issue in any future leadership contest.