Removal of GEG provision a collective decision, says Dzulkefly

 

Dzulkefly Ahmad said the AGC was of the view that the GEG provision could be challenged in court.

PETALING JAYA: Health minister Dzulkefly Ahmad said the removal of a provision banning the sale of tobacco products and cigarettes from a bill to regulate smoking was a collective decision by Putrajaya.

Dzulkefly said excluding the provision was a shared responsibility by the government after taking into account the views of the Attorney-General’s Chambers (AGC), Bernama reported.

The generational end-game, or GEG, provision, not only prohibits the sale of tobacco products and cigarettes, but also bans individuals born on Jan 1, 2007 onwards from smoking.

“Based on the views of the AGC, there is an issue of inequality and discrimination of legal position in the provision of GEG, which means it gives differential treatment to people born before Jan 1, 2007, and those born after or on Jan 1, 2007.

“This GEG concept will cause differential treatment of two groups born in different years.

“Therefore, the AGC is of the view that this provision can be challenged in court as it conflicts with Article 8 of the Federal Constitution (which guarantees equality),” he was quoted as saying.

Dzulkefly said this when winding up the debate on the Control of Smoking Products for Public Health Bill 2023 in the Dewan Negara. The bill was subsequently passed by a voice vote.

His explanation on the matter came a day after he apologised to the Senate for excluding the GEG provision.

The Dewan Rakyat passed the bill on Nov 30 after tense debate from both sections of the political divide, which expressed disappointment over the removal of the GEG provision.

Then health minister Dr Zaliha Mustafa said the government decided to remove the GEG provision from the amended version of the bill as it was unconstitutional.

This was after Attorney-General Ahmad Terrirudin Salleh said the GEG provision offended the right to equal protection under the law. - FMT