THE Dewan Negara today passed the Control of Smoking Products for Public Health Bill 2023 by voice vote.

The bill, tabled by Health Minister Dr Dzulkefly Ahmad, prohibits the sale and purchase of tobacco products, smoking materials and tobacco substitute products, or providing any services related to smoking, to minors.

It saw the removal of the provision for the generational endgame clause (GEG) prohibiting the sale of tobacco products and cigarettes, as well as banning those born on January 1, 2007, onwards, from smoking.

The 54-clause bill was tabled for second reading in the Dewan Negara yesterday, before being presented for the third reading and debate today.

Dzulkefly when winding up the debate said the removal of the GEG clause from the bill was a collective decision after taking into account the views of the Attorney-General’s Chambers (AGC).

“Based on the views of the AGC, there is an issue of inequality and discrimination of legal position in the provision of the GEG, which means it gives differential treatment to people born before January 1, 2007, and those born after or on January 1, 2007.

“Therefore, the AGC was of the view that this provision can be challenged in court as it conflicts with article 8 of the Federal Constitution (which guarantees equality),” he said.

The bill contained four clauses, which Dzulkefly tabled, to amend the Food Act 1983 to ensure there was no conflict between the two laws.

The Dewan Negara also approved the Food (Amendment) Bill 2023 to amend the Food Act 1983, in line with the approval of the Control of Smoking Products for Public Health Bill 2023.

Earlier, Dewan Negara president Wan Junaidi Tuanku Jaafar reminded senate members not to interrupt when a minister was tabling a bill.

“When a minister is tabling (a bill), you are not allowed to interrupt because what is presented is about the government’s stance, views and policies and has nothing to do with us (senators),” he said.

But he said senators were allowed to interject when a minister winds up a motion for debate, on the condition they stand up and the minister in question gives them space. – Bernama, December 14, 2023.