THE government has decided to refer the Control of Tobacco Product and Smoking Bill 2022 to a parliamentary special select committee to rectify several clauses in the paper for which opposition MPs and backbenchers had raised concerns.

“It is better that we refer this bill to the select committee as there are objections. It is better that we study this a bit more before we vote again,” Health Minister Khairy Jamaluddin (Rembau-BN) said in the Dewan Rakyat, after 12 lawmakers had debated the bill at the policy stage over the past two days.

Of all the objections, Khairy only addressed the human rights argument.

“People have no fundamental right to harm themselves and nobody can say that there is no conclusive evidence that smoking does not harm,” he said.

He further challenged anyone to say that there was no conclusive link between smoking and cancer.

He said that while people had rights, they also had no rights to harm others or the public interest.

Unlike other addictions, Khairy said that there was no minimum threshold for smoking.

“There are safe levels for drinking alcohol but not smoking,” the minister said.

Khairy said the committee will have one month to conclude its findings before presenting a report to the Dewan Rakyat.

“At the latest, it must present its report by the third meeting of the Dewan Rakyat this year,” said Khairy.

The committee will be chaired by Khairy and comprise 12 other MPs: Abdul Azeez Abdul Rahim (Baling-BN), Mohd Nizam Zakaria (Parit-BN), Azalina Othman Said (Pengerang-BN), Mas Ermieyati Samsudin (Masjid Tanah-BN), Fadhil Shaari (Pasir Mas-PN), Lukanisman Awang Sauni (Sibuti-GPS), Dr Kelvin Yii (Bandar Kuching-PH), R Sivarasa (Sungai Buloh-PH), Dr Dzulkefly Ahmad (Kuala Selangor-PH), Madius Tangau (Tuaran-PH), Darell Leiking (Penampang-Warisan), Mukhriz Mahathir (Jerlun-Pejuang).

One suggestion from Hannah Yeoh (Segambut-PH) was that members of the special select committee must declare their interests or any applications that they may be involved in, because “this is a multi-billion industry”.

Prior to the minister’s announcement, 10 of the lawmakers debating the bill had asked for fine-tuning, even when they agreed with the intentions of the law.

“Banning a habit that millions already indulge in is hard, but I agree to stop the younger generation from smoking,” Dr Mahathir Mohamad (Langkawi-Pejuang) said.

“While I agree that it should be done one step at a time, the enforcement powers under this bill are too wide and will create fear among those who don’t smoke, because enforcers can search them at will,” the former prime minister said.

Rural lawmakers, such as Tiong King Sing (Bintulu-GPS), wanted more data from the Health Ministry.

Tiong said the bill is not merely stopping those under 18 from smoking.

“This is to stop those born after 2007 from smoking. Is the government trying to con the public?”

Tiong said the feedback from his rural constituents was negative because they asked how they would be able to pay the RM500 fines if their children were caught smoking.

“Most of all, what is the research and data behind this bill? Why are we rushing to pass this law? I will state here that I reject this bill,” Tiong said.

Muda president Syed Saddiq Syed Abdul Rahman (Muar-Muda) said the government should focus on the source instead of trying to criminalise the habit.

“We should also focus on harm reduction and remove the wide powers being given out such as the power of the director-general to deregister a company based on suspicion or search and seize powers without warrants.

“The minister can promise that there will be no abuse by enforcement agencies, but can the ministry control the different agencies out there?” Syed Saddiq asked.

Yesterday, the government tabled the Control of Tobacco Product and Smoking Bill 2022 for second reading in the Dewan Rakyat.

The bill, the first of its kind, originally provided for prohibiting individuals born from 2007 onwards from smoking, buying or possessing tobacco products or smoking devices, subject to a RM5,000 fine.

Khairy has since promised to dilute the maximum fine to RM500.

Meanwhile, the same penalty can be applied to anyone caught providing tobacco products or smoking devices to someone underage. – August 2, 2022.