Rishi Sunak’s landmark law to ban smoking for future generations looks likely to be dropped after it was not included in the set of bills being rushed through before the next general election. The government did not put forward the tobacco and vapes bill – which was in its early stages of becoming law – as part of the legislation to be passed in the “wash-up” period before parliament dissolves. Sunak had highlighted the smoking ban in his speech when he announced the election on Wednesday, saying: “We will ensure that the next generation grows up smoke free.” But the Commons leader, Penny Mordaunt, did not on Thursday include the bill when she laid out legislation for the wash-up. Barring any last-minute changes it means that the smoking ban, which would have made it illegal for anyone born in 2009 or later to buy tobacco products in the UK, will not be implemented by Sunak’s government before the election. Ministers could yet resuscitate the bill at the last minute with an emergency statement before Friday afternoon but otherwise it will be up to the next government to re-introduce the smoking ban in a fresh bill. The Labour party is committed to the policy and could include it in its manifesto. A government source said that because the bill was subject to a free vote by MPs, there was no mechanism to push it forward. There is also a convention that the bill must be at least halfway to becoming law to be part of the wash-up process. But Labour sources questioned this and said they would have been happy to have supported the bill had it been put forward in spite of convention. One Labour source said Wes Streeting, the shadow health secretary, was approached by a health minister on Thursday and asked to support the bill. “Our position hasn’t changed so if it doesn’t come through, then we will look at putting it in the manifesto and introducing a bill,” the source said. The government’s decision not to push forward with the legislation caused confusion, given it had been viewed as a core part of Sunak’s legacy as prime minister. It was voted through by the Commons last month but made no further progress. Deborah Arnott, chief executive of Action on Smoking and Health, said: “While the tobacco and vapes bill appears to be a victim of a snap election, all is not lost. This bill has the strong support of the chief medical officers of all four nations in the UK as well as the overwhelming majority of the public. “The powers contained in the bill are vital for the health and wellbeing of our children as well as improving the productivity of our economy. We are confident that whoever forms the next government, this bill will return and its passage will be expedited.” Among the legislation that will be rushed through are bills enabling compensation to be paid to the victims of the contaminated blood scandal, and for post office operators caught up in the Horizon IT scandal to be exonerated. Mordaunt assured the victims of the infected blood scandal that the government stood “by commitments made earlier this week”. And she told post office operators: “I want to give this government’s commitment to those victims that subject to both houses, which I am sure we will receive, the legislation to quash the convictions of those sentenced will be secured before the house prorogues. If I can deviate from my script briefly, we will not leave this place until we have done our duty by those people.” Addressing the issue of government bills that remained outstanding, she said: “Other bills are going through discussions about remaining business, which will be done on a cross-party basis, and it is common practice during wash-up that negotiations will be ongoing and we will hope to update the house on further business.”