JANUARY 2 — The government’s move to ban smoking at all eateries had attracted strong views from all sides. No doubt the heated discussions before January 1 between restaurant operators and the authorities and the fanfare organized by the Health Ministry on New Year’s day sends the message that the government appears serious about enforcing the new ruling. This, despite the court action taken by a smokers’ rights group calling the move as infringing on their constitutional rights.

However, the debate surrounding this ban is misplaced in my view simply for the reason that this ban is bound to fail. This is not the first time a widespread ban has been imposed on smoking in Malaysia. In fact, there are already 23 designated areas under the Control of Tobacco Products Regulation 2004 for which no one can smoke at.

But who remembers or indeed complies with the provisions of Regulation 11 (1) (h) that bans smoking in “…any area of a government premise”?, or complies with Regulation 11 (1) (n) that bans smoking in “…any area of a shopping complex?”, as an example. Furthermore, not many people realise that the area of Jonker Street or the entire districts of Alor Gajah and Jasin in Melaka are designated by law as non-smoking areas – which means you cannot light up at all in these areas.

The big excitement about the smoking ban in eateries is simply because the resistance that has been expressed by certain parties. But the truth would be that this ruling will go down as another one for show but not one that has substantive effect on the total smoking situation. Firstly, it will not be properly enforced.

The Health Ministry that is responsible for this has time and again shown that they will take some enforcement actions in the beginning and then lose momentum after some time. We still see people puffing away at government premises and at shopping complexes.

Secondly, it will not affect the smoking habit at all. It will not reduce the number of smokers nor the consumption. In fact, government data suggests that the number of smokers have not declined despite the earlier smoking bans. People will just adjust their habits accordingly.

The key issue here is not about where people smoke but the affordability and accessibility of smokers to very cheap illicit products that are flooding the market — products that are sold at between RM3 and RM6 per pack, as compared to the legal products that are prohibitively priced already.

That is why the number of smokers in Malaysia has not declined drastically over the years despite increasing regulations and taxation. There is simply an alternative, unregulated market, which some parties fail to see is the problem that needs to be urgently addressed.

 The focus of anti-smoking regulations should not be on hitting smokers on where they can or cannot smoke, but to hit the supply of the cheap products. There is too much excitement for nothing with this ban, driving smoking underground but the actual source of the problem will not be addressed. This just looks like another exercise not carefully thought through.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.