Glimmer of hope for GEG Bill

DR ZALIHA Mustafa has offered a glimmer of hope to health advocates, parents and those who hate smoking – she vows that the contentious anti-smoking Bill will be tabled in the Dewan Rakyat by the end of this month.

But the Health Minister’s vow may not be enough to overcome the hurdles that still stand in the way of the Control of Smoking Products for Public Health Bill.

The pressure for the Bill to be tabled is probably just as great as that which is against it.

Advocates cite news reports of how smoking and vaping in schools have gotten out of control.

Parents and teachers are concerned that teenagers are getting hooked on drug-laced vapes as prohibited substances such as tetrahydrocannabinol or THC are openly sold online, and have been used in vape juices.

Whereas the Bill’s opponents argue that parts of the law could be unconstitutional as it seeks to ban people of a certain age from buying smoking products.

Recently, the chief architect of the Bill and former health minister Khairy Jamaluddin called out three Cabinet ministers, a former minister and one “gaffer” or “boss” for being “opponents” of the Bill in a social media post.

But even with all the pressure against her, Zaliha said she is waiting for a date from the Dewan Rakyat to table the Bill again.

It is learnt that the Health Ministry’s quest for a date shall be known by Nov 24.

But even after debates for Budget 2024 are done by Nov 27, there is only a narrow three-day window between Nov 28 and Nov 30 to table new Bills.

There are at least two Bills slated for second reading before the anti-smoking Bill as per the Dewan Rakyat’s order paper.

Nov 30 may also be out of the question, as the White Paper on progressive wages is expected to be tabled first.

Besides the challenge of squeezing the Bill through, there is also speculation that it will be watered down.

For instance, the generational- end-game (GEG) element which seeks to ban those born in 2007 and onwards from smoking or purchasing smoking products may be removed from the Bill.

The Attorney General’s Chambers (AGC) has come out to say that it has been consistent on its legal opinion since 2022, that the GEG provisions can be challenged in court.

In a Nov 18 statement, the AGC said this was because the provisions contradicted Article 8 of the Federal Constitution as “it creates unequal legal treatment between a person born before Jan 1, 2007 and a person born on and after Jan 1, 2007”.

If this is the case, the Bill could be subjected to further tweaks to remove the said clause.

We will have to wait till next week to find out the fate and final form of the Bill.

But what is scientifically indisputable is that smoking harms people.

It is not only detrimental to our health but the cost of treating diseases related to smoking has also cost the public billions of ringgit.

Some RM6bil was spent to treat three major smoking-related illnesses – lung cancer, heart disease and chronic obstructive pulmonary disease – in 2020.

In comparison, revenue from tobacco sales is just RM3bil.

The stakes are high and the numbers paint a grim picture. This is not a matter of choice but of saving lives and ensuring a healthier future generation.