What core principles should guide public health legislation like the GEG Bill?

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Public health legislation should be guided by duty, power, and restraint
Public health legislation like the Control of Tobacco Product and Smoking Bill 2022 (Bill No. 29/2022), widely known as the Generational End Game (GEG) Bill, should reflect three core principles: duty, power, and restraint. The duty principle requires the law to impose obligations on the government to promote population health and well-being. The power principle gives public health authorities authority to regulate individuals and businesses for collective health and security benefits, while restraint limits government overreach to protect autonomy, liberty, privacy, and proprietary rights.
The duty principle requires government obligations for population health
The duty principle is that public health law should impose obligations on the government to promote health and well-being across the population. This frames public health legislation as more than regulation alone, with a defined expectation that government must actively pursue population-level well-being.
The power principle allows regulation for collective health and security
The power principle is that public health authorities should be granted ample authority to regulate individuals and businesses to achieve communal benefits. These communal benefits are described in concrete terms such as clean air and water, safe products, healthy workplaces, and control of infectious diseases, with authorities set to establish health and safety standards and ensure compliance.
The restraint principle limits government overreach in the name of health
The restraint principle requires that, even when public health authorities have regulatory power, they should respect individual autonomy, liberty, privacy, and proprietary rights to the extent possible. It also states that authorities should act only on the basis of clear criteria when such action is necessary to protect the community.
The GEG Bill’s scrutiny is linked to balancing these principles
The Health Minister, Khairy Jamaluddin, referred the GEG Bill to a parliamentary select committee (PSC) to scrutinise the Bill, which is described as the right call in the context of these principles. The bill is also said to be at the second reading where Khairy indicated that several tweaks would be made to secure bipartisan support, with the timing of the smoke-free generation aiming for 2025.

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What core principles should guide public health legislation like the GEG Bill?

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