British American Tobacco Nigeria (BATN) has restated its support for the passage of a balanced and evidence-based tobacco bill. The company, at the tobacco control bill public hearing organised by the Committee on Health of the House of Representatives in Abuja on Wednesday, said that the proposed strengthening of existing regulation in the industry is commendable and welcome. It, however, stated its belief that for the proposed regulation to achieve its objectives, it must be balanced and enforceable.

The company highlighted certain provisions within the bill, which it said was unclear and in need of better clarification.

According to the Director of Corporate and Regulatory Affairs, Mr Freddy Messanvi, the bill was drafted in a way and manner which will duplicate roles already being carried out by other regulatory agencies. Other issues highlighted during the hearing were concerns around the problem of illegal trade; an area which it believed has not been put into consideration by the proponents of the bill.

Messanvi said that “by unfairly restricting the legal tobacco industry with the opportunity to communicate with its business partners and aiming to provide a special liability regime outside of the general liability regime, the bill unfairly discriminates against the industry in the application of a constitutional protection, thereby making these provisions of the bill arguably null and void”.

The Tobacco Control Bill seeks to amongst other things provide for the regulation of the production, importation, advertising, promoting, sponsorship, distribution, sale and public space smoking areas. The bill was sponsored by Hon. Yacoob E.A. Bush-Alebiosu. It also seeks to introduce a new committee to oversee the affairs of tobacco businesses in the country. This will be in addition to an existing committee set up in the country to oversee tobacco control issues.

BATN stated that the constitution of another committee is an unnecessary duplication of what is already in place. A tobacco control desk which houses a similar committee exists within the Ministry of Health. The committee includes representatives from various regulatory agencies and ministries.

Messanvi stated that the composition of the members within the committee does not reflect a fair and objective representation of key stakeholder groups.

Amongst other organisations proposed to be part of NATOCC is NTCA, one of the foremost anti-tobacco groups in the country. It was, however, observed that there was no organisation representing the industry or organised private sector in the member composition of the committee.

NTCA consists of member groups which are currently been funded by international donor agencies or NGOs. They are known to have set anti-tobacco industry agendas. Such unbalanced membership constitution is felt to have pre-determined the proposed outcomes of the deliberations of NATOCC to the detriment of the industry.