SOP violation fines under new Act will be benchmarked proportionately with best practices, says committee chairman

PETALING JAYA: The health, science and innovation parliamentary select committee (PSC) says that the quantum of fines under Act 342 of the Prevention and Control of Infectious Diseases Act 1988, especially for corporate bodies, was one of the issues that would be further discussed and benchmarked proportionately with best practices all around the world.

Committee chairman Dr Kelvin Yii said that the quantum chosen by the government has to be justified and benchmarked against practices of other countries, as well as data to justify the higher fines and whether it will increase compliance.

"The committee expressed reservations on high fines set by the government and discussed and explored other options to be considered to better ensure compliance while balancing the risk of it being abused," he said.

The Bandar Kuching MP said that the committee also discussed issues of selective, unregulated enforcement, which may lead to the risk of corruption and ways to safeguard the public against that.

"All that will be the main agenda at the next meeting," he said on his Facebook page on Saturday (Jan 15).

Yii said the meeting took place with Health Minister Khairy Jamaluddin and director-general Tan Sri Dr Noor Hisham Abdullah and an external expert panel to discuss issues relating to Act 342.

He said that the PSC would continue to focus on the substance and policy direction of the bill and try to achieve a consensus to ensure they balance the need for an update in its infectious disease management, especially when it came to improper enforcement and victimising of the vulnerable.

"Such practices to review government Bills by a bipartisan Select Committee before tabling in Parliament is the way forward, especially if we want to build a strong and mature democracy.

"The government should not just try to bulldoze any Bills, especially when it comes to issues of public interest.

"While the Bill may be important, the process must be correct as well," he said.

The proposed penalties for SOP violations in the Act had been lowered following a public outcry over the initial fines contained in a Bill tabled in Parliament last December to amend the Act.

At present, under Act 342, health authorities were only empowered to impose a maximum fine of RM1,000 against companies and individuals who flouted Covid-19 SOPs.

Dr Yii said that during the meeting, some consensus and middle ground on certain provisions of the Act itself were reached.

"It includes adding necessary indemnity to doctors and general practitioners (GPs) who report suspected cases of infectious disease, to make sure they are better protected.

"Certain queries and concerns raised when it comes to the wording of the Act and certain provisions that seem to give unfettered powers were also clarified and explained by the Minister and the DG.

"Our concerns have always been about making sure the Act itself is not abused and the people on the ground do not fall victim to selective enforcement," he added.

After this Bill, Yii said that the committee needed to discuss another "important but possibly contentious" Bill, which was a new law regulating vape and e-cigarettes.