As SA's Parliament considers the government’s proposals for tightening tobacco laws and regulating e-cigarettes, the World Conference on Tobacco Control has highlighted that the legislative process may be vulnerable to industry influence, writes Busineess Day.
he recent World Conference on Tobacco Control in Dublin cast the spotlight on the obligations of signatories to the WHO’s Framework Convention on Tobacco Control – ratified by South Africa in 2005, but with the country having still not implemented article 5.3, which requires signatories to protect policymaking from industry interference.
So as MPs continue to work on processing the draft Tobacco Products & Electronic Delivery Systems Control Bill, SA thus has no code of conduct or special provisions to implement article 5.3 to govern interactions between government officials, MPs and the judiciary with the tobacco industry – unlike Ireland, which began implementing this as far back as 2017.
Although Parliament’s Health Portfolio Committee is holding public hearings on the Bill, MPs are under no obligation to disclose who they meet outside this public participation process, or the outcome of such meetings. Parliament’s code of conduct for MPs requires them to disclose their interests and any remunerated work conducted outside Parliament, but it places no obligation on them to report with whom they interact, reports Business Day.
They are thus not required to disclose any dealings with the tobacco industry while they are considering the Bill.
“It leaves the process hugely vulnerable to interference,’” said Peter Ucko, CEO of the Tobacco, Alcohol & Gambling Advisory Advocacy & Action Group.
Lekan Ayo-Yusuf, Director of the Africa Centre for Tobacco Industry Monitoring & Policy Research, said SA’s failure to implement article 5.3 was a major hindrance to policy development, and that it was important it be applied to the whole of the government, and not just the Health Ministry.
“Article 5.3 remains one of the most critical tools that we have. We take it very seriously. We do not consult with the tobacco industry on policy for health,” said Irish Health Minister Jennifer Carroll MacNeill.
“I have not, nor will I ever, meet representatives from the tobacco industry.”
New guidance has been issued to ensure all public representatives – not just those working in health – understood and upheld their responsibilities under the convention, she added.
Business Day PressReader article – ‘Tobacco Bill open to industry influence’ (Restricted access)
See more from MedicalBrief archives:
Health Committee pushes ahead with Tobacco Bill
Passing of Tobacco Bill urged for SA and its 12.7m smokers
SA drags heels on vape regulations, warns WHO
Tobacco industry opposes South African laws to curb smoking