KUALA LUMPUR: A lawmaker has cautioned the government that its generational endgame policy is discriminatory and courts lawsuits.
Datuk Seri Nazri Aziz (BN-Padang Rengas) said it would not take long for two or three teenagers who turn 18 following the enforcement of the ban in 2025 to bring the matter to court.
"If despite the taxes and all, and they still want to smoke how can you stop them?"
Nazri said the Health Ministry had to understand that it is addressing 18-year-olds who could vote and make other choices.
"We are not talking about children," he said, while commenting on statements in support of the ban and for children to be protected.
"We cannot bar one group and allow another to smoke. It has to be a total ban, if not, there would be discrimination. Even if you argue that the campaign is gradual, you would be creating it (by way of this partial ban)," he said when debating the Tobacco and Smoking Control Bill here today.
Nazri, who is a former minister in the prime minister's department in charge of legal affairs, said he would support a blanket ban.
He also said there were alternatives powers within the bill to allow the Health Ministry to shut down all public areas to smoking.
Nazri, however, cautioned that smoke-tracing apps and going into people's houses would further complicate the issue.
"I am not a smoker and I do not vape. My concerns are on the freedom of choice. If this was possible, the Western countries would have done this years ago.
"We really have to think carefully. Freedom of choice is a very important thing to every one of us."
Nazri said entering into people's homes and stopping them from smoking would be tough.
Only a few people managed to debate the Tobacco and Smoking Control Bill today.
Deputy Dewan Rakyat Speaker Datuk Ramli Mohd Noor shot down requests to extend debates as today's session had already been extended to 8.30pm.
He announced this today after Health Minister Khairy Jamaluddin read the bill for the second time at house today.
Datuk Seri Dr Dzulkefly Ahmad (PH- Kuala Selangor) who asked for an extension of 10 minutes per debater was entertained at the expense of debaters, as the number of MPs allowed to proceed with the debates were cut down to four from six lawmakers initially.
Dr Dzulkefly asked for more time for justice to be given to Khairy's tabling of the bill.
Meanwhile, Datuk Seri Mohd Shafie Apdal's (Warisan-Semporna) motion to have the bill sent to a specific parliamentary select committee for perusal was also once again shot down by Ramli.
His bid to refer the controversial Tobacco and Smoking Control Bill to a parliamentary special committee before its second reading today had been initially blocked by Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun.
Azhar had advised Shafie to take the motion up after Health Minister Khairy Jamaluddin tabled the bill for the second time and after the debate session was completed.
Ramli said he would maintain the speaker's decision and what was raised by Shafie would be discussed later.
However, Shafie, when highlighting the importance of referring the bill to such a committee, said it has only been five days since the bill was first read.
He said no one could vote properly without symposiums and parliamentary sessions through related committees due to the magnanimity of the bill.
"I don't want to delay it, but we need to study it properly."
Shafie admitted it was a crucial bill with the potential of weeding out and ending nicotine addiction.
"(But) it cannot be one-sided because we have many laws and we don't want a law which has a tendency to be abused by the authorities and people enforcing it."
Shafie claimed the bill appeared draconian and no country had passed it. He said even New Zealand, which was considering it, might not do so.
Earlier today, Yeo Bee Yin (PH-Bakri), who is a former energy, green technology, science, climate change and environment minister, questioned the need to confer wide-ranging powers to enforcement officers under the proposed tobacco GEG bill.
Meanwhile, Parliamentary Special Select Committee on Health, Science and Innovation chairman Dr Kelvin Yii told the New Straits Times that based on the agreement with Khairy, the minister agreed to remove certain GEG-related offences.
These include spot checks related to premises intrusions, and gadget checks on those who possess or are suspected to possess cigarettes.
"However, we need to look into the proposed amendments and ensure it is properly reflected in the bill."
Khairy had confirmed about four amendments being made on the bill.
He said the decision was made after he had met with the PSSC on Women, Children and Social Development as well as the PSSC of Health, Science and Innovation.