National Assembly 3 December, 2009 - The National Assembly is deliberating on penalties for people, who violate the tobacco control bill, after re-inserting the clause, which bans sale of tobacco products that was removed by the National Council in the summer session.

Discussing the bill for the third time in the Assembly, the house put back clause C under section 11 that bans “sale of tobacco and tobacco products”. With the clause, any person selling tobacco products is committing an offence, according to the bill.

A person smoking in public spaces and the person-in-charge of the public space will be punished twice with monetary fines and then be penalised, in accordance with the Penal Code of Bhutan 2004, on a third offence, according to the bill. For instance, if a person smokes in a restaurant, the restaurant owner will also be penalised. A public place is defined as any space where people gather.

Anybody, who cultivates, harvests, manufactures, supplies or distributes tobacco and tobacco products in the country, will be penalised according to the penal code. Tobacco smugglers would charged for smuggling.

Members debated, at length, on the severity of the penalties, with some even suggesting a mandatory imprisonment for six months. While some said that the title of the bill was “control,” banning sale of tobacco would be contravening legislation. Others suggested using “ban” on the title. “Imposing monetary fines on a violator, before charging him/her according to the Penal Code won’t work,” said an MP from Trashigang. “Many smokers won’t mind paying the fine. They should be put under police custody immediately,” she said.

Others said that punishing the in-charge of a public space is not realistic and said that it would affect their business. While others said the ban on smoking in public places can be effective only with owners taking responsibility.

As the debate stretched, some MPs quoted lines from scriptures, while others used experiences from other countries to convince other members to make the legislation stricter. Speaker, Tshogpon Jigme Tshiltrum suggested mandatory imprisonment for people, who violate the clause A, B, and C in section 11, including smugglers. But members said the penalty was too harsh. The agriculture minister, Lyonpo (Dr) Pema Jamtsho, said the penalties should be reasonable, according to the offence. “Harsh punishment could jeopardise the security of the country,” he said.

Assembly members differed in their views on the cancellation of the business license of those violating the ban on sale. The economic affairs minister, Lyonpo Khandu Wangchuk, requested the floor to remove the clause. He said cancelling a license would have larger impact, as families survive on their business license.

The health minister, Lyonpo Zanglay Dukpa, said that the legislation was drafted not to punish people, but to prevent and deter them from getting into the tobacco business. “If people don’t fear the law, there’s a problem,” he said. “Cancelling business licenses is the more effective prevention method.”

Actor turned parliamentarian, Gyem Dorji’s request to remove a clause, which states that “scenes depicting tobacco use, including smoking, should be strictly prohibited from domestic production of videos … except in educational clips,” was also rejected by the Assembly.

The Gasa MP, Damcho Dorji, informed the floor that the ban was imposed in the past, but it was not effective and thus led to a thriving black market. Just having legal teeth in the tobacco law is not enough, he said. “The government should impose the law strictly if it’s serious. All law enforcement bodies and relevant agencies should be involved too.” The Chukha MP, Ugay Tshering, suggested identifying designated shops selling tobacco. “The title of the bill says Tobacco Control. By having outlets that sell tobacco could control the black market, while tobacco users will be consuming taxed products,” he said.

With almost all the members presenting their case, the Assembly could not come to a decision yesterday. The discussion will continue today.