London, UK – British Members of Parliament (MPs) have recently endorsed a groundbreaking plan to prohibit the sale of cigarettes to anyone born after 2009, a legislative measure expected to significantly reshape the country’s smoking laws.
The Tobacco and Vapes Bill passed with overwhelming support in Parliament, with 383 votes in favor and just 67 against. This initiative, championed by former Prime Minister Rishi Sunak, faces criticism from several prominent figures within the Conservative Party, including two former prime ministers who have expressed reservations about its implications.
If enacted, the UK’s legislation will establish some of the strictest smoking laws worldwide, echoing similar efforts in New Zealand. Notably, New Zealand’s law aimed at creating a “smoke-free generation” was repealed following a change in government. The proposed UK law focuses on restricting cigarette sales rather than criminalizing smoking itself.
Under the new framework, the legal age for purchasing cigarettes, currently set at 18, will increase by one year annually. Consequently, individuals born in or after 2009 will be barred from ever legally purchasing cigarettes, effectively instituting a gradual ban. Importantly, current adult smokers will remain unaffected by this legislation.
To prevent underage sales, the government intends to introduce on-the-spot fines of £100 for retailers in England and Wales found selling tobacco or vapes to minors. Local authorities will retain these fines to support enforcement efforts, supplementing existing court-imposed penalties of £2,500.
The UK government has also committed to investing £30 million in enforcement initiatives, which include combating the black-market trade in cigarettes. These new regulations will extend to all duty-free shops across the UK, although individuals will still be permitted to bring legally purchased cigarettes from abroad into the country.
The government plans to implement this new law by 2027, with Sunak indicating intentions to collaborate with the administrations of Wales, Scotland, and Northern Ireland for cohesive legislation across the UK. Additionally, the Tobacco and Vapes Bill addresses the rising trend of vaping among young people, a growing concern among health officials.
In contrast, the legislative landscape in Malaysia reflects different priorities. The Malaysian Parliament recently enacted the Control of Smoking Products for Public Health Act 2024 (Act 852), which notably excludes the previously proposed Generational End Game (GEG) policy aimed at curbing smoking and vaping among younger populations. This omission has left many advocates disheartened, suggesting a lack of commitment to fully eliminating tobacco and nicotine addictions.
While there remains a possibility for reconsideration of the GEG, its future remains uncertain. Originally introduced in the Control of Tobacco Product and Smoking Bill 2022, the GEG sought to prevent younger generations from ever initiating smoking by banning those born in 2005 and later from purchasing or possessing tobacco products, including vapes. Following consultations, the policy was revised to apply to individuals born in 2007 and beyond, allowing for greater educational outreach and enforcement.
The health implications of smoking and vaping are well-documented. Smoking not only deteriorates air quality but also poses significant risks to those exposed to secondhand smoke. According to the World Health Organization and various health authorities, there is no safe level of exposure to tobacco smoke, which is linked to serious health conditions, including heart disease and cancer. Vaping, while often perceived as a safer alternative, also presents health risks.
As a result, it is essential for governments to take proactive measures to safeguard public health from the dangers associated with smoking and vaping. The right to a clean environment should take precedence over individual smoking rights. Legal arguments suggesting that smoking is a protected human right lack support in both the Federal Constitution and the Universal Declaration of Human Rights.
In Malaysia, smoking is already prohibited in specific public areas and workplaces, including government buildings and indoor venues with centralized air conditioning. Furthermore, since January 1, 2020, a smoking ban has been enforced in eateries.
Despite legislative advancements, further action is required to address smoking addiction, particularly among younger individuals. The GEG provisions are critical for reinforcing existing laws and ensuring a comprehensive approach to tobacco control. A standalone law regulating smoking products would be insufficient without the inclusion of the GEG policy.
If constitutional challenges arise regarding the GEG, steps should be taken to amend the Federal Constitution to facilitate its implementation. Relying on potential constitutional issues should not be an excuse to delay the introduction of this vital policy aimed at protecting public health and fostering a smoke-free future.
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