PARLIAMENT | In comparison to alcohol, there is no safe minimum threshold for smoking a cigarette, Health Minister Khairy Jamaluddin told the Dewan Rakyat today.
He said this in response to Dr Xavier Jayakumar (Independent-Kuala Langat) labelling the Tobacco and Smoking Control Bill 2022 as a “slippery slope” for extinguishing the personal liberty of an individual and that it may eventually lead to the banning of other products.
“Kuala Langat (MP) said this would lead to a slippery slope, leading to (the banning of) alcohol and gambling. I want to clarify that the science is that there is no safe minimum threshold for smoking a cigarette.
“That is what differentiates cigarettes from the example of alcohol. Actually, alcohol shouldn't be (consumed) either, but there are safe acceptable levels for people to drink it, should you choose to drink alcohol.
“There is no slippery slope here. We are clear on the fact that there is no safe minimum threshold for smoking a cigarette,” Khairy said during his winding-up speech on the bill.
Earlier during the debates, Jayakumar raised concern over the bill and its future implications for the banning of other products such as alcohol and gambling.
“The individual liberty of a person in this country is extinct. Today you say it’s cigarettes, where is the promise that tomorrow it wouldn’t be for alcohol or gambling?
“MPs have to understand that Malaysia has over 70 percent bumiputera Muslims. What is my liberty as a non-bumiputera and for Malaysians in the future?” Jayakumar said.
Khairy responded that due to the highly addictive nature of nicotine, there was no “freedom of choice” which was being argued by several lawmakers in the Dewan Rakyat today.
However, he said during his winding-up speech that they have agreed to a Parliamentary Select Committee to fine-tune the bill prior to its passing.
Yesterday, Khairy agreed to amend parts of the bill “in the spirit of bipartisanship” after lawmakers raised concerns.
This included a reduction of the standard fines for the Generational End Game portion of the Tobacco and Smoking Control Act from RM5,000 to RM500.
He also agreed to the addition of community service as an option in lieu of a fine (as mandated by the court), no body searches for anyone under the age of 18 and no punishment for possession for all GEG-related offences.
The section of the bill – widely known as the GEG – seeks to make it unlawful to sell tobacco products and smoking devices to those born from Jan 1, 2007, onwards, with the ban starting in 2025.
Aside from the GEG section, the bill also includes various regulations to control the sale of tobacco and vape products, which have been in the works since 2005.
The bill was first tabled in Parliament on July 27 and was initially expected to be debated and voted on in the Dewan Rakyat today.
Vape included against ministry's advice
Khairy lauded New Zealand for also implementing the GEG, however, he noted that it differs slightly from Malaysia.
New Zealand's ban, referred to as the Smokefree Generation, is on those born from Jan 1, 2009, onwards, and does not include vaping nor does it penalise users or buyers of the product.
It also does not provide wide-ranging powers to enforcement agencies to stop, seize and search.
Khairy defended his reasons for including vaping in Malaysia's bill, revealing that he included it against the advice of the Health Ministry, those in the health profession and NGOs.
"Their stand, even until today is for the government to enforce existing laws to prevent vape and electronic cigarettes from being sold at all - a total ban.
"Singapore, Brunei and Thailand have a total ban on vape and electronic cigarettes. The only reason I managed to bring this bill forward is because of the GEG," he said.
He maintained that it was better to regulate vapes and electronic cigarettes despite the Health Ministry disagreeing with harm reduction.
"But the question of whether we can sell vape (to those involved in the GEG) does not arise. Even if you subscribe to harm reduction, it should be those who are smoking to make the change from cigarettes to vaping," he said.
Khairy also clarified that Section 30 to 35 of the bill, which allows for authorised officers to investigate, enter premises, seize transport and take samples without a warrant, was for the enforcement of manufacturers and not for those involved in the GEG.
"This is not for those who are in the GEG, but factories, manufacturers, importers, distributors. This is an enforcement act. A large part of what is in this Act is already in the Tabacco Product Regulations 2004," he added. - Mkini
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