RECENTLY, British MPs supported a plan to ban the sale of cigarettes to anyone born after 2009, a move that is expected to become law.
The measures, championed by former UK prime minister Rishi Sunak, succeeded despite opposition from several prominent Tory figures, including two former UK prime ministers.
The Tobacco and Vapes Bill was passed in Parliament by 383 votes to 67.
If enacted, the UK’s smoking laws will become some of the strictest in the world.
The UK’s approach appears to be inspired by a similar law in New Zealand, which was later repealed after a change in government. The plan aims to create a “smoke-free generation” in the UK.
The restrictions will apply to the sale of cigarettes, not the act of smoking itself.
Under the new law, the legal age for purchasing cigarettes – currently 18 – will increase by one year each year.
This means that individuals born in or after 2009 will never be able to legally buy cigarettes, resulting in a gradual, effective ban.
However, those who are currently of legal age to purchase cigarettes will not be affected.
To combat underage sales, the government plans to introduce £100 (RM559) on-the-spot fines for shops in England and Wales that sell tobacco or vapes to underage individuals.
Local authorities will retain the proceeds to fund enforcement efforts. This would be in addition to existing £2,500 fines that courts can already impose.
The government has pledged to spend £30 million on enforcement, including measures to curb the black-market sale of cigarettes.
The new rules will apply to all duty-free shops in the UK, but people will still be allowed to bring cigarettes into the UK if they were legally purchased abroad.
The UK government aims to implement the new system by 2027, with Sunak intending to collaborate with the governments of Wales, Scotland, and Northern Ireland to introduce the legislation across the UK.
The Tobacco and Vapes Bill also seeks to address the rising issue of vaping among young people who have never smoked.
In Malaysia, the situation is somewhat different.
Parliament has passed the Control of Smoking Products for Public Health Act 2024 (Act 852), but the law has excluded the Generational End Game (GEG) policy, which was introduced by the previous government.
This decision is seen as disappointing by many who believe it signals a lack of commitment to eliminating smoking and vaping addictions, especially among the younger generation.
While there is a possibility that the GEG may be reconsidered in the future, there is no certainty.
The GEG was initially proposed in the Control of Tobacco Product and Smoking Bill 2022, which aimed to not only regulate items such as electronic cigarettes but also introduce a Generational End Game.
The goal was to reduce smoking by preventing younger generations from ever starting.
Initially, the GEG would have applied to those born in 2005 and later, banning them from buying or possessing any smoking products, including vapes, even after they turned 18.
After consultations with stakeholders, the policy was adjusted to apply to those born in 2007 onwards, to allow more time for education and enforcement.
It is well-known that smoking not only degrades air quality but also endangers those exposed to secondhand smoke.
According to the World Health Organisation and other health bodies, there is no safe level of exposure to tobacco smoke, which is linked to heart disease, cancer and many other serious illnesses.
Similar to cigarettes, vaping also poses health risks.
For these reasons, the government must continue taking proactive steps to protect its citizens from the dangers of smoking and vaping.
When balancing the right to clean air and a healthy environment against the right of individuals to smoke, the former should prevail.
Smokers cannot claim human rights as a defence against government efforts to curb smoking.
There is no explicit right to smoke in either the Federal Constitution or the Universal Declaration of Human Rights.
As such, smokers cannot argue that measures to reduce smoking infringe upon their basic human rights, nor can vape users.
In Malaysia, smoking is prohibited in designated public places and workplaces, including buildings with centralised air-conditioning, health and education facilities, government offices and indoor stadiums.
Since Jan 1, 2020, Malaysia has also enforced a smoking ban at eateries.
Although significant progress has been made through legislation, more must be done to combat smoking addiction, particularly among the younger generation.
This is why the GEG provisions are crucial, they would strengthen existing laws.
A standalone law regulating smoking products is inadequate without the GEG policy.
If the bill is deemed unconstitutional, steps can be taken to amend the Federal Constitution to enable the GEG.
We should not use constitutional issues as an excuse to delay the implementation of this key policy.
Muzaffar Syah Mallow is an associate professor in the Faculty of Syariah and Law at Universiti Sains Islam Malaysia. Comments: letters@thesundaily.com
