THE Parliamentary Special Select Committee (PSSC) on Health, Science and Innovation has recommended that the generational ban proposed in the tobacco control bill 2022 be postponed for now to strengthen preparations.

Committee chairman Dr Kelvin Yii said that the decision was made after engagement with various stakeholders.

“Our main recommendations are to postpone the Generation End Game (GEG) by three years for effective implementation, including preparing a proper enforcement framework. This means the GEG will affect individuals born after 2008,” Yii said in a statement.

He said a clause allowing the two mandatory assessments by the PSSC should also be inserted in the bill.

“The mandatory assessment report by the PSSC should then be brought to the Dewan Rakyat in the form of a motion for debate and be voted upon.”

Yii said the three-year wait will allow the government to assess whether it can be implemented effectively.

It will also allow the government to come up with separate regulations to oversee tobacco products and vapes, Yii said.

“The parameters for assessment shall be agreed upon with the Ministry of Health Malaysia (MOH) and the Dewan Rakyat through the committee.

“Full implementation of the GEG will only be done after the mandatory evaluation is debated in the house.”

Yii said there is also a need for a 10-year evaluation period once the act comes into effect, to analyse compliance level and whether the act achieves its objective.

Yii said the committee also disagreed with the punishments recommended for juveniles.

Instead of imprisonment, Yii said juveniles should be given community service, mandatory counselling and fines.

“The power to inspect, possibly body check and punish a child for possession must be heavily controlled to prevent abuse.

“That is why the guidelines for enforcement must be very clear and specific on this to ensure the vulnerable are not victimised by the law, especially the poor.

“We do hope the minister and MOH will include our recommendations and answer our concerns to strengthen possible bi-partisan support for the bill.”

Yesterday, Health Minister Khairy Jamaluddin tabled Malaysia’s tobacco product and smoking control bill 2022 for the first reading in the Dewan Rakyat to introduce a generational endgame law, which will, among others, prohibit the smoking of cigarettes among persons born in 2007 and after.

If it is passed into law, those born from January 1, 2007 can be fined up to RM5,000 if they buy, smoke or possess tobacco products like cigarettes or vape products.

Any person caught selling tobacco or vape products to those born from that date can be fined up to RM20,000 and/or jailed up to one year for the first offence, followed by a fine of up to RM30,000 and/or jailed up to two years for subsequent offences.

Companies caught doing so will be liable to a fine of at least RM20,000 — but not exceeding RM100,000 — and/or its representatives can be jailed up to two years for the first offence. For subsequent offences, the company can be fined at least RM50,000 — but not more than RM300,000 — and/or its representatives can be jailed up to three years.

The bill also stipulates that smoking in non-smoking areas is prohibited, and that offenders can be fined up to RM5,000.

Meanwhile, the police are authorised to enter premises to take samples for investigation, and are given the power to open any baggage, package, or any forms of container and may examine any tobacco product, smoking substance, substitute tobacco product, smoking device or their imitations. – July 28, 2022.