Enforcement clauses in tobacco bill open to abuse, says select committee


The Special Select Committee on Women and Children Affairs and Social Development says in enforcing the generational endgame tobacco bill, officers should be trained in internationally accepted sensitivities as they would be dealing with minors. – EPA pic, July 30, 2022.

PROVISIONS on enforcement in the generational endgame tobacco bill are open to abuse – a cause for concern, especially when offenders are minors, a parliamentary special select committee said.

The committee, chaired by Pengerang MP Azalina Othman Said, said these provisions let the minister appoint enforcement officers and allow them to perform actions including entering premises, collecting samples, arresting offenders and making seizures without a warrant.

“The committee is concerned that these clauses about the enforcement of the bill can open doors to abuse and misinterpretation of punishments that will end up being disproportionate to the offence.

“The committee is concerned because enforcement of this bill will involve underaged persons, and there should be trained officers who understand sensitivities when handling children, in line with international standards.” 

The statement by the bipartisan Special Select Committee on Women and Children Affairs and Social Development was signed by Azalina and its eight members. 

The generational tobacco endgame bill, formally called the Control of Tobacco Product and Smoking Bill 2022, was tabled in parliament for its first reading earlier this week.

The committee said it is ready to assist the Health Ministry in fine-tuning the bill, taking into account the rights of children before its second reading. 

Health Minister Khairy Jamaluddin earlier today responded to other concerns about the bill especially for juvenile offenders, saying they will be spared jail time and a criminal record.

The bill bans the sale of cigarettes and vape products to anyone born on or after January 1, 2007. – July 30, 2022.


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