KUALA LUMPUR: A think-tank has urged the government to only criminalise the sales of tobacco and vape products, and not the possession or usage of the items under the tobacco generational endgame (GEG) bill.
Otherwise, Galen Centre for Health and Social Policy chief executive officer Azrul Mohd Khalib warned that those in the GEG category could be subjected to injustice, especially since the penalties imposed were considerably high.
The GEG, or otherwise known as the Control of Tobacco Product and Smoking Bill, will be tabled for the second reading today.
The bill seeks to ban those born in 2007 onwards from smoking, purchasing or possessing tobacco and vaping products.
Azrul advised lawmakers to vote for the bill at the policy stage during the second reading today.
"They could later support, amend, or if necessary, reject individual clauses and parts of the bill at the committee stage.
"Under Health Minister Khairy Jamaluddin's leadership, history is about to be made, breaking 12 years of delay and procrastination.
"But the bill must benefit from the support of as many members of parliament as possible.
"The government should also put in place sufficient check-and-balance measures in the legislation to prevent overzealous and heavy-handed enforcement, misconduct, and violations of human rights and dignity.
"The Parliamentary Special Select Committee (PSSC) for Health, Science and Innovation, and the PSSC on Women, Children and Social Development have both raised issues of concern, particularly Part IX on enforcement, and provided recommendations.
"Their bipartisan views should be considered seriously.
"If implemented properly and effectively, this law will make a serious dent in smoking prevalence and finally get a grip on vape, which is now fuelling the vaping epidemic among kids.
"It will save billions of ringgits in health expenditure and reduce the need for treatment of smoking-related diseases. Most importantly, it will help save the lives of thousands of Malaysians each year," he said today.
Azrul said the legislation would also subject the vape industry to regulations, similar to the tobacco industry, especially regarding advertisements, marketing, promotion and sponsorships.
However, he noted concerns raised over the bill, including the possibility that the GEG could disproportionately affect young people, persons of lower income and vulnerable populations.
"A person addicted to nicotine, whether a smoker or vaper, has the right to be treated equally under the law, with compassion and dignity.
"It is potentially open to injustice when a person in the GEG category is singled out for prosecution of possession or usage, especially when the penalties are potentially high.
"When a comparison is made against Malaysia's inspiration for the GEG and New Zealand's Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, it is clear that the latter's legislation places the onus and burden on retailers, companies and corporations to comply and enforce their Smokefree 2025 goal.
"While it prohibits the sale and supplying of smoked tobacco products to a person born on or after Jan 1, 2007, it does not penalise the latter individual for possession or usage.
"This is an important distinction to Malaysia's bill, which criminalises individual possession and usage for those in the GEG category.
"The concerns regarding criminalisation are real and should not be trivialised or misconstrued. There is real risk and potential of abuse and misuse with long term consequences.
"Smokers and vapers in the GEG category need to be supported and helped in their treatment of nicotine addiction."
"We have learnt a lot from the past two decades in managing opioid addiction.
"Interventions which were dependent on measures to punish and criminalise drug users ultimately failed.
"Criminalisation of self-harm should be avoided," he said.
Azrul also advised the government to defer the bill to the next
Dewan Rakyat sitting in October if the necessary amendments could not be completed during the current session.