THE Control of Tobacco Product and Smoking Bill 2022 will be referred to a special select committee, sources told The Malaysian Insight.

The bill, which aims to stop people born in 2007 and later from smoking, buying or possessing tobacco products, will not be voted on at the policy stage (second reading) as lawmakers are divided on several clauses, said various lawmakers. 

This is not the first time that a bill will be referred to a select committee after it is tabled for first reading as the anti-party hopping bill was also sent to a bipartisan committee for fine-tuning in April. 

Although many lawmakers are agreeable to the government’s generational endgame plan, some have voiced their disagreement over its enforcement clauses.

Those against the bill are not limited to the opposition as after three debates last night, two government backbenchers were also divided over it.

While three-term lawmaker Tajuddin Abdul Rahman (Pasir Salak-BN) was supportive, six-term MP Mohamed Nazri Abdul Aziz (Padang Rengas-BN) was concerned over the bill’s impact on individual rights.

Similarly, opposition leader Anwar Ibrahim (Port Dickson-PH) and special select committee (health, science and innovation) chairman Dr Kelvin Yii (Bandar Kuching-PH) also proposed for the bill to be referred to a special select committee yesterday. 

Apart from Anwar and Yii, the special select committee (women and children affairs and social development) has also said some enforcement provisions in the bill are open to abuse, although Health Minister Khairy Jamaluddin (Rembau-BN) has promised to amend them. 

The committee, chaired by Azalina Othman Said (Pengerang-BN), 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.

According to section 17 of the proposed act, no person born on January 1, 2007 and afterwards shall smoke any tobacco product or substitute tobacco product, use any smoking device or possess any tobacco product, smoking substance, substitute tobacco product or smoking device.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding RM5,000.

Apart from that, individuals born on January 1, 2007 and afterwards, who purchase tobacco products, smoking substances and substitute tobacco products or smoking devices, may face a fine not exceeding RM5,000, upon conviction. – August 2, 2022.