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"id": 234182,
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": " Thank you, Mr. Temporary Deputy Speaker, Sir. I rise in support of this very important Bill, which is seeking to regulate the manufacture, sale, labelling, advertising, and promotion of tobacco products, and also smoking in public areas. We are doing this a little bit late; but, better late than never. Most of the countries in the Developed World, and even in the Developing World have laws regulating the sale, manufacture and advertising of tobacco. Most of us have travelled and we know that over 10 years ago, in the early 1990s, smoking in public places was banned all over, in the Western World. We are coming up with a Bill, almost two decades later. Let us not dilly-dally any more. Let us go forward and regulate the sale, advertising and the issue of smoking in public places, to save ourselves from the harmful effects of tobacco. The debate today, is not about whether to allow smoking or not. It is about regulations so that those who knowingly choose to smoke do not force others who do not wish to smoke to become passive smokers. That is why we must talk about designated public places. Those of us who do not smoke know the agony of sitting next to a smoker in a public place, and having to endure the pungent smell of tobacco, because for those who do not smoke, it is a pungent smell. We know that one is forced, not only to endure the smell, but also to share in the harmful effects of tobacco. It is an issue of introducing respect for one another. Do what you wish, but do not force me to become a participant in your way of life, which is self-destructive. That is why we must come into the realm of what advertisements should be allowed. As our children grow up, if they will only be used to the tantalising advertisements, without being informed that smoking is dangerous to their health, without warnings enumerating the dangers of smoking, they will grow up thinking that smoking is the in-thing. Most of them will try; either, majority of them will become smokers and a few will not. We want our children to be informed so that they make responsible choices. I know most of them will not smoke. I heard a colleague say that, perhaps, the Board regulating the tobacco industry should have a manufacturer. This is the era of lobbyists. Big money can constitute dangerous lobbying methods. We know that even Bills passed by Parliaments all over the world are sometimes initiated through membership of the National Assembly by monied lobbyists. It will be self-defeatist to admit a member from the industry to the Board. It defeats the purpose. However, are we shutting them out? 3770 PARLIAMENTARY DEBATES November 16, 2006 I think not. When you look at Section 5(1)(g) you will see that there is representation by one representative of the business community in Kenya, nominated by the Kenya National Chamber of Commerce and Industry. I would expect that those who manufacture and sell tobacco are members of it. Their interests will be championed through that. Not every interest is represented in the Board. Anybody with a conflicting interest should not accept to serve on a board. That is why we are giving indications and codes of conduct; that, one should declare interest and not affect deliberations by self- interest. We want people who are able to raise the bar on their ability to participate, by deliberating with national interests and the interests of the majority of citizens in their mind and not their selfish business interests. This is the reason why I am advancing that it is self-defeating to allow people who have interest in this industry to sit in this Board. This Board should not only be regulated by the Government. Let it consist of the people enumerated in the Bill because they will look at diverse public interests. There is nobody in the proposed list who can be said to belong to a faction that has narrow interest. I would, therefore, urge the Minister to retain the proposed Board as it is in the Bill. Mr. Temporary Deputy Speaker, Sir, I want to laud this Bill. Many hon. Members have talked of the harmful effects of tobacco products. I need not repeat any of that. Looking at the Schedule, I am happy to see the recommended advertising messages such as \"smoking harms people next to you.\" Smokers must know that they are actually declaring war on the people seated next to them when they smoke, without caring about them. Mr. Temporary Deputy Speaker, Sir, other health messages that should be displayed on every package of a tobacco product are: \"Tobacco use kills and harms the unborn baby.\" Those who are seeking to conceive must know that they must keep away from smoking and smokers. If it is a couple and either of them, or both of them are smokers, they need to discuss the welfare of their unborn baby. It is also good that we all know that smoking causes cancer, heart and lung diseases. There are people who get very shocked when they are told they are suffering from terminal illnesses after years of smoking. We know that even people who do not smoke suffer from similar illnesses, but someone increases his or her chances of these very debilitating illnesses by smoking. We need to be reminded of this. Mr. Temporary Deputy Speaker, Sir, looking through this legislation, I have seen very useful clauses which I need not enumerate save to say that, we, as a House, should look through each clause so that, at Committee Stage, if we feel there is room for strengthening it, we can do so. Let us be, as Parliament, lobby for the good of the nation, but not for the good of sectional or factional interests. We are not outlawing tobacco farming or manufacturing, but there has to be a demarcation of what can be done lawfully and what is not in the interest of the majority of the citizens of this country. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to support this Bill and commend the Ministry."
}