The bill, widely known as Generational End Game (GEG), seeks to ban the use, possession and sale of cigarettes and vape products to those born after 2007.
Azrul said the parliamentary special select committee tasked with reviewing and suggesting recommendations for the bill must consider how the proposed legislation will not only be supported by MPs, but also ensure that concern regarding checks and balances against heavy-handed enforcement are responded to and addressed.
Clause 17 singles out individuals born on Jan 1, 2007 onwards, and makes it an offence for them to smoke, vape or possess any tobacco product, smoking substance, substitute tobacco product or smoking device.
“This clause makes the proposed legislation vulnerable to accusations of selective prosecution, creates stigma and discrimination, and marginalises a group of people who will need support and assistance,” he said in a statement.
“Despite our best efforts, in the future, there will be people in the GEG group who smoke and vape, and become addicted to nicotine. Should they be punished?”
“The legislation should ensure that it is an offence to legally sell or supply tobacco or vape products to those born from Jan 1, 2007. It should not criminalise individual possession or usage.”
Azrul noted that New Zealand took the same approach through its Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, adding that Malaysia should do the same.
He said removing Clause 17 would alleviate concerns regarding enforcement and its implications on individual smokers and vapers – such as warrantless searches, seizure of property and access to private information – to shift the focus on individual retailers, companies and corporations who sell, supply and manufacture tobacco products and vape.
He also said the GEG objectives can be realised by putting the onus and burden on retailers, companies and corporations to comply with prohibitions against the sale and supply of tobacco products and vape to those born from Jan 1, 2007.
Noting that 60% of the over 69,000 prison inmates in Malaysia are minor drug offenders convicted for consumption, use and possession of various narcotics such as marijuana, Azrul said that even without imprisonment, Clause 17 had the potential to create enormous harm by repeating the same mistakes.
“We must prevent the possibility of this legislation to disproportionately affect young people, persons of lower income, and vulnerable populations,” he said.
“A person addicted to nicotine, whether a smoker or vaper, has the right to be treated equally under the law, with compassion and dignity.”