GEG died because of constitutional issues, not lobbyists - Dzulkefly

 

PARLIAMENT | Health Minister Dzulkefly Ahmad today said the tobacco and vape generational endgame (GEG) provisions were snuffed out from a law to control smoking solely due to constitutional issues, not influence from lobbyists.

This comes after his deputy minister Lukanisman Awang Sauni revealed to the Dewan Rakyat last week that industry representatives had met directly with MPs ahead of the bill’s debates, allegedly swaying their views against the endgame measure aimed at creating a smoke-free future generation.

Referring to Lukanisman’s statement, Dzulkefly said the former’s speech was “factually wrong”.

“It is wrong, wrong in terms of fact, and wrong with regards to what the deputy minister said. I have checked the matter this morning and have explained it (to the ministry's staffers this morning at the monthly assembly),” Dzulkefly (above) told the Dewan Rakyat today.

“The question raised is one that I am of the view that it is not appropriate to say that the influence from the industry and lobbyists had influenced the government and cabinet.”

However, quoting Lukanisman’s remark that tobacco and vape industry players had engaged MPs on anti-smoking, Dzulkefly said such engagement was “appropriate” in any mature and civil democratic Parliament.

"Looking at the Hansard and explanation given by the deputy minister (Lukanisman), I found that the question raised was related to lobbying from the tobacco and vape industry, and he said such matters did exist.

"However, I believe this is reasonable in any mature and civil democratic practice.

“So, there is no wrong for bona fide stakeholders to meet with anyone, including MPs,” he said.

Dzulkefly was responding to Syed Saddiq Syed Abdul Rahman’s (Muda–Muar) question on Lukanisman’s speech in the august house last week.

Taken out of context

In a supplementary question, Syed Saddiq queried why Lukanisman’s statement was different from the government’s official stance that the GEG provisions were unconstitutional as per the Attorney-General’s Chambers’ (AGC) view.

Dzulkefly added that it was “regrettable and unfortunate” that several quarters took Lukanisman’s explanation out of context which has caused different perceptions.

Deputy Health Minister Lukanisman Awang Sauni

"I am very affected by the matter as when I previously spoke about it, I was among the government backbenchers and I defended the tabling of Act 852 (Control of Smoking Products for Public Health Act 2024) two days later (after being appointed as the health minister) in the Dewan Negara.

"I also asked for support (to pass the Bill) even when we cannot include all provisions in the act, including GEG due to the views given by the AGC.

“We want the GEG. But the key matter here is what was raised by the AGC, which said that the constitutional issue is a huge matter. And that is why the government dropped the GEG provisions from the act.

“That is all, it has nothing to do with lobbying from industry players," he explained.

Therefore, he said he is ready to discuss the matter with relevant quarters to refine the matter.

“I stand to be corrected that the decision was made not because of industrial lobbyists or any other party but related to the caution made by the AGC," Dzulkefly said.

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