KUALA LUMPUR (Sept 29): Lawmakers are expected to decide next week on whether anyone born after Jan 1, 2007 should be banned from ever buying tobacco or vape products in their lifetime.
According to Member of Parliament (MP) for Sibuti, Lukanisman Awang Sauni, the Control of Tobacco Product and Smoking Bill 2022 will be among the first proposed laws to be tabled when the upcoming Parliament sitting begins next Monday (Oct 3).
And vape products will still be included as part of the proposed legislation to lower smoking prevalence in the country to 15% by 2025, and to 5% by 2045.
"We are going to table this Bill as soon as possible because we are the only country [in the world] together with New Zealand to table the generational endgame (GEG) legislation," he told The Edge.
However, the Bill — also known as the GEG law — would be a scaled down version from the one tabled by the Ministry of Health (MOH) in July.
Lukanisman said Health Minister Khairy Jamaluddin is expected to proceed to retable the Bill in the Dewan Rakyat next week for its second reading and then its third one, before the tabling of Budget 2023 next Friday (Oct 7). The upcoming Parliament sitting will last for 32 days, from Oct 3 to Nov 29.
Some quarters, however, doubt whether the Bill will make it in time for next week as it is still being reviewed and studied by the parliamentary special select committee (PSSC) responsible for the proposed legislation.
On Wednesday (Sept 28), Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun told reporters in Parliament that he had yet to receive information from the minister in charge on whether the Control of Tobacco Product and Smoking Bill 2022 would be tabled next week.
"If the matter is finalised, maybe the minister who will bring the Bill will give a notice to the [Dewan Rakyat] secretary to list the Bill in the upcoming session. So far, I have not received any information," he was reported as saying.
The Bill was tabled for its first reading on July 27, and its second reading on Aug 1, at which point it was referred to the PSSC for review after the MOH came under fire for advancing draconian enforcement measures, such as criminalising both consumers and retailers for possession of tobacco or vape products.
The proposed Bill has garnered much industry concerns and comments due to the inclusion of the proposed generational ban provision and the fact that it, unlike New Zealand's, also proposes to prohibit the sale of reduced-risk products such as vapes and tobacco heating products to future generations. The Bill also gives wide-ranging power to enforcement officers.
"We are going ahead with the proposed banning of tobacco and smoking products, together with vape products. [But] the Bill has been improved from the previous version, which was deemed draconian. The minister (Khairy) has made a lot of compromises, particularly in relation to some of the enforcement issues," said Lukanisman.
"For example, the provision that would penalise youths for possessing and using tobacco or vape products has been done away. Thus, there is no criminalisation of youths, but they would be liable to some kind of compound," he added.
Under the proposed Bill, anyone born in or after 2007 could face a fine of up to RM5,000 if caught buying tobacco or vape products. Currently, underage smokers caught smoking can be fined up to RM1,000.
Lukanisman also noted that the government has made another concession to postpone implementation of the proposed generational smoking ban to 2027, from 2025 previously, starting with the 2007 generation. This means those born in 2007 would not be allowed to purchase cigarettes, tobacco and vape products when they turn 20.
In July, MOH made some concessions to the proposed Bill in light of the criticism from lawmakers, most notably a two-year delay in the implementation of the proposed generational smoking ban to those born after 2007, instead of 2005.
The proposed Bill is currently being reviewed by the 13-member bipartisan PSSC, which is chaired by Khairy.
Apart from Lukanisman, the other members include Baling MP Datuk Seri Abdul Azeez Abdul Rahim, Parit MP Datuk Mohd Nizar Zakaria, Pengerang MP Datuk Seri Azalina Othman Said, Masjid Tanah MP Datuk Mas Ermieyati Samsudin, Pasir Mas MP Ahmad Fadhli Shaari, Bandar Kuching MP Dr Kelvin Yii and Sungai Buloh MP Sivarasa Rasiah.
At its last meeting on Tuesday (Sept 27), the PSSC also agreed that body searches by officers on minors for possession of tobacco or vape products would be removed from the proposed Bill, said Lukanisman.
"Azalina (who is the chairman of the PSSC on Women and Children Affairs and Social Development) had expressed concerns about the scope of power for enforcement officers appointed by the minister under the draft Bill, such as body searches without a warrant [for GEG-related offences]. So we have pulled the proposed measure from the Bill," he added.
The second reading is opened for MPs to debate the main principles of the Bill. At the end of the debate, they will vote on it. The Bill will need a two-thirds majority support to be approved.
"For me, I support this Bill because I am always focusing on smoke-free or anti-smoking campaigns. However, I will suggest in my debate later that the government should consider vaping as a harm reduction product, that is, existing smokers can continue to vape," said Lukanisman.
"But for those born in or after 2007, they have to stop vaping after the Bill is introduced in 2027," he added.
Petaling Jaya Coffeeshop Association president Keu Kok Ming said he deemed the proposed law as "harsh", pointing to the proposed provisions in the first draft Bill such as body searches and enforcement officers having the power to enter premises and seize handphones, computers and goods just based on suspicion of selling tobacco or vape products to minors.
"It is a bit scary to think of that. And they can appoint officers of any rank to do it. That is what we are worried about," he told The Edge.
While the proposed ban would reduce the income of coffee shop operators, Keu conceded that tobacco sales only serve as a supplementary income. "Tobacco products make up about 30% of total sales, and 20% during slow months."
All eyes are on how the highly anticipated Bill can shape the future of tobacco in the country. Proponents of the Bill argue that it could save billions of ringgit to treat smoking-related diseases and save two million lives. However, critics of the proposed policy have pointed out that such a ruling could set the stage for other restrictions including bans on alcohol and gambling, that it would further fuel the illicit tobacco market and arbitrarily deny rights to some adults.
Still, if lawmakers approve of the Bill, Malaysia is in line to become the first country in the world to enact a tobacco GEG legislation.
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