Smoking bill: AG's view the reason GEG provisions dropped - Zaliha

 

The Attorney-General’s Chambers’ (AGC’s) view that the tobacco and vape generational end game (GEG) provisions were “unconstitutional” was why they were dropped from the revised Control of Smoking Products for Public Health bill.

Health Minister Dr Zaliha Mustafa clarified there were no other factors involved in the ministry’s decision, as claimed by certain quarters.

“It’s constitutional arguments (raised by the AGC). That is the only factor,” she told reporters at a media briefing on the newly tabled revised bill at the Parliament today.

She said the government carries the responsibility to take the AGC’s view into account.

On Nov 15, her predecessor Khairy Jamaluddin accused several ministers of blocking the legislation aimed at making it illegal for those born after 2007 to buy or consume nicotine products.

Khairy, the architect of the original bill, said the current cabinet’s handling of the matter was “absolutely shambolic”.

Previously, a source in the Health Ministry told Malaysiakini that tobacco lobbyists were also exerting pressure on the government to torpedo the GEG.

‘It will not be forgotten’

Meanwhile, health watchdog CodeBlue reported that Attorney-General Ahmad Terrirudin Mohd Salleh was of the opinion that the GEG provisions were “unconstitutional” because they violated Article 8 of the Federal Constitution which guaranteed equality before the law.

Lawyer New Sin Yew previously argued that Article 8 permits discrimination if there is an “intelligible differentia” and if the discrimination was in pursuit of a “legitimate objective”, suggesting that a way to get around the matter was to refine the wording in the GEG bill.

Meanwhile, Zaliha explained that the ministry was putting aside the GEG clause to focus on the current revised bill, saying “it will not be forgotten”.

“Once the bill is passed, we will monitor this and see how it goes. We will look at the impact and effects as well as the smoking percentage.

“If we feel there is a need to relook at it (GEG), and there is a need for the GEG (provision), we will bring it back.”

Elaborating on the matter, she said the government proceeded to table the revised bill without the GEG section because there was a “gap” to control nicotine products including vapes - after the government removed the substance from the Poisons Act in March.

“We didn’t want this issue to prolong because of the AGC’s views, we prioritised what is important, which is the bill.

“We have also included minors, who are under the age of 18. At least children under the age of 18 can be monitored,” she said. - Mkini