Tobacco Control Bill 25 November, 2009 - The National Assembly and the National Council are divided in their views over the tobacco control bill 2009.

Discussing the tobacco bill, already amended by the Council in July, Assembly members yesterday unanimously agreed to disagree with the amendment made by the upper house. The Council in July lifted the ban on the sale of tobacco and tobacco products by deleting the section C in chapter III. The section states that “no person shall sell tobacco and tobacco products”. The Council also deleted section 12 that allows a person only to import tobacco and tobacco products for personal consumption as per quota approved by the tobacco control board.

The Council also deleted Section 24, Chapter 7, which states that the royal government shall constitute a tobacco control board to take measures for the purpose of preventing the people of Bhutan from the health, social and environmental consequences of tobacco consumption and exposure to tobacco smoke. 

Justifying the deletion, NC member Karma Yozer yesterday told Kuensel that the ban on the sale was ineffective and led to a robust black market. “Tobacco is easily available but at high prices because of the ineffective ban and the idea was to make tobacco expensive by imposing higher taxes,” he said.

However, after almost three hours of discussion, the Assembly members agreed to stick to the previous bill. Arguing on the lifting on the ban on sale, Bumthang MP Karma Wangchuk said that, by deleting the clause, which bans the sale of tobacco, the whole purpose of the bill was lost. “The sections should be put back and sale of tobacco banned,” he said.

Supporting the submission, Zhemgang MP Tshering Dorji said that sale of tobacco neither helped in economic growth nor has social benefit. It is rather affecting the lives of people. “Today people are suffering from heart related diseases because of tobacco,” he said.

Many NA parliamentarians were against the amendment, reasoning that the sale and use of tobacco was against religion and a social ill. Some MPs said it was not clear whether the ban was on sale or on the use of products. The communication minister Lyonpo Nandalal Rai said the ban should only be on the sale of the product. “To make the ban effective, it should be rational.

We can’t stop people from smoking. It’s a personal choice,” said the minister. Haa MP Ugyen Tenzin also said the ban on sale of product should not mean ban on use, as it not be possible to stop smokers and tobacco users. 

On the effectiveness of the ban, Gasa MP Damcho Dorji said regulations became ineffective because it was not implemented. He said the ban has been in placed since 2004 but nothing has changed.

“Once regulations are in place, they should be enforced and monitored, otherwise they won’t work.”

The house also discussed the offences and penalties of a person smoking in non-smoking areas.

Mongar MP Karma Lhamo said the severity of penalty and fine were not clear in the bill. The bill was endorsed and then sent to the legislative committee for minor changes recommended by the house. The chairman of the legislative committee, Ugyen Wangdi said, “We couldn’t discuss the changes in the bill, but our decision will be according to the bill.”

The bill will be discussed later in a joint sitting before it is endorsed.