KUALA LUMPUR: After two days of debate, the Dewan Rakyat yesterday approved the Control of Smoking Products for Public Health 2023 Bill, minus the provision to ban Malaysians born in 2007 onwards from buying or consuming tobacco and vape products, dubbed the Generational End-Game (GEG).
Health Minister Dr Zaliha Mustafa had previously said the GEG was dropped after accounting for the views of the Attorney-General’s Chambers (AGC), which cited potential constitutional arguments.
The original Bill was first tabled by former health minister Khairy Jamaluddin last year and was known as the Control of Tobacco Products and Smoking Bill 2022. It included the GEG as one of its pillars.
Yesterday, Zaliha tabled the revised Bill for its third reading, after which it was unanimously approved by lawmakers via voice vote. A total of 26 members of Parliament debated the Bill on Wednesday.
She also withdrew the previous version of the Bill which was tabled in June.
The Bill was previously sent to the Parliamentary Special Select Committee for further review after objections were raised by several lawmakers.
This was because it received bipartisan opposition from the MPs, which caused it to be initially referred to the Parliamentary Select Committee on Health several times.
In her winding-up speech yesterday, Zaliha told parliamentarians of plans to equip enforcement officers with body cameras to nab those who flouted the anti-smoking law.
During their debate, most of the parliamentarians expressed disappointment at the removal of the GEG provision from the Bill, with many alleging it was due to pressure from the tobacco industry.
However, Zaliha had earlier told Parliament that in drafting the Bill, the AGC had expressed concern that it would contradict Article 8 of the Federal Constitution which touches on equality.
“We received a lot of feedback on the GEG, including views from the AGC that it would contravene Article 8 of the Federal Constitution and can be challenged in court.”
She said apart from the GEG, provisions related to smoking devices has also been dropped, as it is already being regulated by the Domestic Trade and Cost of Living Ministry.
“However, if such products are related to the definition of smoking, then it would be under the regulation of the Health Ministry in Clause 7(1)f, which promotes any goods used in association with any tobacco product, smoking substance, or substitute tobacco product,” she said.
