DAP lawmaker Yeo Bee Yin has questioned the prerogative of the Malaysian Parliament by expecting MPs to decide in less than a week the entirely new Tobacco Product and Smoking Control Bill which has significant consequences to the society.
The most discussed tobacco control measure in the bill is what is touted as the Generational End Game (GEG) which seeks to ban an entire Malaysian generation from all tobacco products (those born after Jan 1, 2007).
“Is it right for Malaysia MPs to support a bill without much deliberation in the name of good intention?” asked the Bakri MP in a media statement. “(This is when) New Zealand MPs are given four months to consider amendment to an existing law.”
In fact, the day before this bill was tabled in the Malaysia Parliament, Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill was tabled in New Zealand Parliament (also included New Zealand’s version of GEG which is called Smokefree Generation).
“New Zealand’s version of GEG prohibits to sell, supply and deliver tobacco products to person born on/after Jan 1, 2009 whereas Malaysia GEG includes prohibition of person born on/after Jan 1, 2007 to smoke and possess tobacco products,” observed the former Energy, Science, Technology, Environment and Climate Change Minister.
“Which type of prohibition is more effective? Or is prohibition the right way to go?”
In addition, Yeo said the Malaysian bill also includes other tobacco control measures such as vape industry regulation, plain packaging, prohibition of display, among others, with no proper regulatory impact assessment report made available to MPs to consider.
“In term of enforcement, Malaysia’s bill accords wide-ranging power to enforcement officers, whereas New Zealand’s enforcement officers only has the power to enter premises that are not residential or dwelling place for investigation while other enforcement actions will need a warrant,” revealed Yeo.
“Why do enforcement officers in Malaysia need so much power that the New Zealand officers don’t? Do these clauses infringe personal privacy and human rights?”
Yeo said she does not have definite answers to most of the questions raised, hence would like to listen to more views other than that of the Health Ministry (MOH).
“I believe most MPs wish to do that, too, and they may have more questions to the bill that require answers,” she asserted.
“I hope that the Tobacco Product and Smoking Control Bill will be sent to the following Parliamentary Select Committees: (i) Health, Science and Innovation; (ii) Women, Children and Social Development; and (iii) Fundamental Liberty and Constitutional Right for further deliberation with different stakeholders.” – Aug 1, 2022
