Smoking ban to be revisited


PETALING JAYA: Things are moving again for Malaysia’s generational end game (GEG) on smoking, with the proposed law expected to be ready by the first Parliament meeting next year.

Health Minister Dr Zaliha Mustafa (pic) said she was hoping to fine-tune the Bill, which aims to create a smoke-free generation starting with those born after Jan 1, 2007, before the Dewan Rakyat sits for the first time in 2023.

By convention, the first meeting of the year at the august House will take place in March.

But first, the newly-minted minister said she would need to be briefed by ministry officers and stakeholders on the proposed law.

Prior to the dissolution of Parliament, the Bill was hotly debated by MPs in July before it was referred to a Parliamentary Special Select Committee (PSSC) for further consideration.

There had been concerns that the proposed law might be, among others, unconstitutional as it meant that the youths would have no “freedom of choice” over smoking.

Under the Bill, those born after Jan 1, 2007 and onwards will not be allowed to buy or use any form of smoking-related products, including electronic cigarettes or “vape”, with the aim to ban the future generation from smoking and vaping.

Dr Zaliha, when contacted, said: “As a doctor, I support the GEG.

“I am hoping to get the Bill fine-tuned and ready by the first Dewan Rakyat meeting next year.

“For now, I will need to sort things out, including the GEG’s implementation and timeline.”

On July 27, the Bill was tabled for first reading at the Dewan Rakyat but was later referred to the PSSC after MPs voiced their complaints and suggestions about it.

The revised law was supposed to be retabled, but this did not happen as Parliament was dissolved on Oct 10 to make way for the 15th General Election.

This means the Bill would have to be tabled again in the Dewan Rakyat by the new government.

On Thursday, Dr Zaliha said in reports that the tobacco GEG policy would be re-examined in terms of its implementation through the Control of Tobacco Product and Smoking Bill 2022, which has yet to be passed in Parliament.

She had said the GEG had its advantages, but she would have to look into the implementation of measures that she believed shouldn’t be drastic.

When contacted, Law and Institutional Reform Minister Datuk Seri Azalina Othman Said stated that she would need to consult with Dr Zaliha first before commenting further.

Meanwhile, those who support the GEG policy have high hopes for the renewed efforts to introduce the move.

Malaysian Green Lung Association president Ho Rhu Yann said the GEG should be free from politics, and as such, differences in political stances should not be considered in supporting the law.

“I strongly urge the new minister to continue the unfinished job of the ministry.

“The process of passing the GEG was halted because of the dissolution of Parliament, not because the Bill is flawed or has less support from the stakeholders.

“Therefore, this is exactly the low-hanging fruit that Dr Zaliha must address in the next Parliament meeting,” he said.

Ho added that the process of retabling the Bill should not drag on, as smoking continues to claim lives in Malaysia.

“For those who reject the GEG, think again. The GEG only restricts those who are currently aged below 18 from smoking.

“This generation has not been exposed to nicotine addiction, and they can’t buy and use it under the current law.

“Let’s keep it that way so that they will not succumb to addiction,” Ho said.

Ikram Health Malaysia president Dr Mohd Afiq Mohd Nor welcomed Dr Zaliha’s decision to review the Bill before deciding how best to implement it.

“Now that the general election is over, I believe the majority of this new batch of MPs will support the GEG,” he said.

On a suggestion from the Undi18 group to postpone the generational ban on smoking to those born in 2023 instead of 2007, he said such a move would be extremely late.

“Smoking prevalence will not go down, and Malaysia will not be able to achieve our goal of being a smoke-free nation by 2040.

“More young people will be addicted to nicotine while more deaths will happen due to smoking complications,” Dr Mohd Afiq said.

Consultant respiratory physician Dr Helmy Haja Mydin said it was only fair that Dr Zaliha be given time to evaluate the various proposals and initiatives that were on her plate.

“It is a new Parliament with new MPs. Advocates of the GEG will need to brief MPs on the issues at hand as some may not have sufficient insight into the issue,” he added.

A once heavy smoker, who wishes to be known as Reza Rahman, 39, said the return of the GEG Bill was an honourable effort, but its implementation should not be overly harsh.

“As someone who smoked a lot in the past, I feel that there should be a balance between punitive and preventive action.

“The true goal should be to educate the younger generation, not punish them.

“The previous suggestion that a kid who is caught smoking will have no criminal record to his name is a move in the right direction,” said the architect.

However, he said it might be tricky for retailers, like shop owners, to act in line with the GEG by not selling tobacco products to youths.

“I hope proper mechanisms can be put in place to ensure compliance from all parties, especially businesses,” he said.

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