KUALA LUMPUR: The provision to ban Malaysians born in the year 2007 onwards from buying or consuming nicotine products - dubbed the generational endgame (GEG) bill - was dropped after taking into consideration the views from the Attorney-General's Chambers, who cited potential constitutional arguments.
This, Health Minister Dr Zaliha Mustafa said, was the only factor to GEG's decoupling from the latest version of the Control of Smoking Products for Public Health Bill 2023.
She said in the process of drafting the bill, the AG had said the provision would contradict Article 8 of the Federal Constitution which touches on equality.
"We received a lot of feedback (on GEG) including views from the AG, who said the GEG would contravene Article 8 of the Federal Constitution and can be challenged (in court).
"So for us it was more important to control (smoking products) and ensure there was also control on vapes," she said in a briefing with the media in Parliament here, today.
However, Dr Zaliha did not discount the possibility of reintroducing the law in the future.
"We are not forgetting it entirely, we are putting it aside first.
"We will look at current needs, and we may bring it back, but there is no timeline."
Under the new bill, Clause 17 prohibits minors under the age of 18 from smoking, chewing or using any tobacco products or substitute tobacco products.
Dr Zaliha said apart from the GEG, provisions related to smoking devices had also been dropped, which was already being regulated by the Domestic Trade and Cost of Living Ministry.
"However, if such products are related to the definition of smoking, then it would be under the regulation of the Health Ministry in Clause 7(1)f, which promotes any goods used in association with any tobacco product, smoking substance, or substitute tobacco product.
"Apart from that, it falls under the Domestic Trade and Cost of Living Ministry," she said.
Earlier, Dr Zaliha had retracted the second reading of the second version of the bill, which was listed as item number four in the Orders of the Day and Motions in Parliament.
She then tabled a new bill - under the same name - for its first reading in the Dewan Rakyat today.
Dr Zaliha said the second reading for the new bill would be scheduled for tomorrow (Nov 29).
The third and latest version of the bill did not include any provision banning those born Jan 1, 2007 onwards from smoking any tobacco or substitute tobacco products.
On Nov 6, a health portal quoted a source as saying that the cabinet had decided to drop provisions to ban tobacco and vape from the Control of Smoking Products for Public Health Bill 2023.
The source told the portal AG Datuk Ahmad Terrirudin Mohd Salleh believed that the age-based prohibitions in the bill, which seeks to ban tobacco and vape usage for those born after Jan 1, 2007, was unconstitutional.
It was reported that the issue was related to Article 8 of the Constitution, which states that "all persons are equal before the law and entitled to the equal protection of the law".
However, a legal expert had pointed out that the government need not be bound by the AG's opinion that the bill is unconstitutional.
National Professors Council's Governance Law and Management Cluster head Professor Dr Nik Ahmad Kamal Nik Mahmood said while the Ag's advice holds water, the government is not bound to his advice and may seek a second opinion.
