Additional Comments
Senator
David Leyonhjelm – Liberal Democratic Party
1.1
I broadly endorse the committee's findings in
the interim report, which focussed on ENDS. I am particularly keen to see
nicotine in a form suitable for use in e-cigarettes exempted from Schedule 7 of
the Poisons Standard (the SUSMP). The committee suggests this for the
purpose of making ENDS available on a prescription basis pursuant to TGA rules.
1.2
However, in my view it is unconscionable that a
product known to be incredibly unhealthy—tobacco prepared and packed for
smoking—is currently exempted, while a product known to be far less dangerous
is not. Before involving the TGA, I believe Schedule 7 needs to be amended as a
matter of urgency, so that vapers have access to the nicotine e-liquids that
enable them to quit without fear of prosecution or having to go to a doctor.
1.3
Beyond that, I have a few additional
observations to make. First and most important, I find the application of the 'precautionary
principle' to public health issues—and particularly this one—to be quite
improper. It seems a concept developed to deal with environmental regulation
has burst its banks and is now being applied recklessly and beyond its remit.
1.4
Applying it here means that a product (ENDS)
known to be much safer than the market norm (tobacco cigarettes) is effectively
banned, leaving people to smoke.
1.5
For this reason, I endorse the remarks made by
Dr Alex Wodak with respect to harm reduction:
If people can find some way of still
ingesting nicotine which is much less harmful than tobacco, so be it.[1]
1.6
The proper focus of public policy should be
preventing further harm to people where it can be avoided, rather than
engaging in the sort of magical thinking that says all harm can be
eliminated. Prohibition and abstinence-only sex education sit at the end of
that path. Together with applying the 'precautionary principle' to ENDS, they
represent prime examples of making the perfect the enemy of the good.
1.7
My second observation follows on from the last
paragraph of the committee's interim report, with respect to 'comparable
international jurisdictions'.
1.8
During the course of this inquiry, I have become
increasingly troubled by the response of Australian public health organisations
to developments overseas, particularly in the UK and EU.
1.9
However, this behaviour was particularly
purblind and blatant with respect to ENDS, such that I think comment is
necessary. There seemed to be a concerted effort underway among Australian
public health bodies to ignore the combined findings and practices of Public
Health England, the NHS, and work done in European countries and the USA.
1.10
Australia used to suffer from what was known as 'the
cultural cringe', whereby anything from overseas was assumed to be better than
the 'local product'. However, it seems the country has overcorrected, such that
we now have a reverse 'cultural cringe'. This produces an arrogant
assumption that Australia has nothing to learn from 'comparable international
jurisdictions'.
1.11
Since this is clearly not the case, some modesty
and willingness to learn is required.
Senator David Leyonhjelm
Liberal Democratic Party
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