KUALA LUMPUR (Oct 5): The parliamentary special select committee (PSSC) on the proposed tobacco bill is recommending that possession of smoking products be dropped as an offence for those born in 2007 onwards, while the smoking offence is maintained.
Dropping the possession offence would prevent any possibility of misuse of power in the bill's implementation and overcome the issue raised regarding the inspection of children including body checks, the PSSC said in a statement posted on the Parliament's website.
The committee hopes that enforcement action will be focused on manufacturers, importers and distributors of tobacco products. It is also suggesting that enforcement powers be limited for the purposes of manufacturing, packaging, storage, delivery, distribution or sale of tobacco products.
With that, the PSSC is agreeable to enforcement authority entering premises, except for residential houses.
“The committee is aware of the proposal that if authorised officers need to enter the premises of a residence, if there is suspicion of manufacturing, packaging, storage, delivery, distribution or sale of tobacco products in the premises of the residence, then a warrant application is required,” it added.
The PSSC also recommended excluding the enforcement power to stop, search and seize transporters, and have access to recorded information and computerised data.
On offences involving children, the committee hopes for low fines or community service orders to be imposed on the children. It supports the reduction of the fine rate from RM5,000 to RM500 for penalty against children.
The PSSC agreed that the Control of Tobacco Products and Smoking Act be enforced educationally in the initial three years.
“The committee takes note of the view from the Attorney General's Chambers that no criminal record (for the children) is to be registered for the offences under this Bill unless it is intended and listed as a registrable offence,” it added.
The Control of Tobacco Products and Smoking Bill 2022, also known as the generational endgame (GEG) bill, was tabled for its first reading on July 27 and second reading on Aug 1, at which point it was referred to the PSSC for review after the Ministry of Health came under fire for advancing stringent enforcement measures, such as criminalising both consumers and retailers for possession of tobacco or vape products.
The bipartisan PSSC, chaired by Health Minister Khairy Jamaluddin, was tasked to make recommendations to examine the enforcement section of the Bill, and to propose any improvements if necessary, subject to the law in force.
The Bill is now expected to be tabled for second reading on Thursday in the Dewan Rakyat.