The Senate approved the Tobacco Control Bill 2023 with a majority vote today.
The bill, presented by Health Minister Datuk Seri Dr Dzulkefly Ahmad, encompasses measures aimed at regulating tobacco products and promoting public well-being.
Among the key provisions of the legislation is a prohibition on the sale and purchase of tobacco products, smoking materials, or tobacco alternatives, as well as the provision of any smoking services to minors. This underscores a commitment to safeguarding the health of underage individuals.
Notably, the bill also witnessed the removal of the generational endgame provision (GEP), which initially imposed a ban on the sale of tobacco products and smoking for those born on or after January 1, 2007.
This decision to remove the GEP was described by Dr Dzulkefly Ahmad as a collective and responsibly considered move by the government, taking into account the perspective of the Attorney General’s Department.
Explaining the decision, Dr Dzulkefly Ahmad stated, “According to the Attorney General’s Department, there are issues of inequality and discrimination in the provisions of the GEP. This implies differential treatment for those born before January 1, 2007, and those born after or on January 1, 2007. The concept of GEP would result in disparate treatment for two groups born in different years.”
According to Bernama, he further emphasised that the Attorney General’s Department believed that this provision could be legally challenged as it contradicts Article 8 of the Federal Constitution, which prohibits discrimination.
Meanwhile, the Senate also approved the Food Bill (Amendment) 2023, amending the Food Act 1983 to align with the approval of the Tobacco Control Bill 2023. The amendment ensures no conflicts or overlaps between the two legislations.
Earlier in the session, Senate President Tan Sri Dr Wan Junaidi Tuanku Jaafar reminded senators not to intervene while a minister is presenting a bill in the Senate. However, senators were allowed to intervene during the minister’s wrapping up of the debate, provided they stood and the minister allowed for it.
This legislative move reflects a significant step toward enhancing public health measures and addressing the complexities associated with tobacco control laws.
