The haze situation is getting from bad to worse. Already the Education Ministry has been forced to announce closure of schools for the second successive week. Many outdoor activities including the Standard Chartered KL Marathon were also forced to be cancelled due to the deteriorating air quality condition.

Lately, the Malaysian government has come under fire for not adopting the Pollution Standard Index (PSI) as practised by our neighbour country Singapore, which reading also measured ‘fine particulate matter’ (PM2.5) whilst our current Air Pollution Index (API) doesn’t. This concern is especially felt in the southern Johor area which not only borders Singapore but thousands commute daily to the republic for schooling and work purposes.

I feel that besides the need to adopt the PSI, our government should also take immediate step to emulate our neighbour in enacting a similar Transboundary Haze Pollution Act, which was passed by their parliament on September 2014 and came into effect on Dec 1, 2014.

Singapore’s Transboundary Haze Pollution Act 2014 is a piece of legislature that attracts both criminal and civil liabilities against any entity that start or contribute to haze pollution outside of Singapore but eventually affects the state.

It is worth noting that Section 5 of the act which criminalises the action, allows the government to fine the perpetrator a sum of SGD100,00-00 per day with a maximum cap of S$2 million. Section 6 goes even further in that it allows anybody to commence civil legal action for any losses attributed to the haze pollution due to the fault of the perpetrator.

Already, the Singapore government has given out preventive measure notices to five Indonesian companies asking them to take immediate action in Indonesia to restrain or control the fire situation that causes haze pollution.

Regrettably, our government has been slow in tackling this haze pollution issue. The Indonesian government has repeatedly said that many companies including Malaysia- and Singapore-registered companies are partly culpable for the fires in Sumatra and Kalimantan.

Altogether, the Indonesian government has listed 286 companies as being involved but as of to date only the Singapore government has officially requested for the list. So the question that beckons, why hasn’t Wisma Putra requested for the list as well?

Currently, the only legislation in place to combat air pollution is the Enviromental Quality Act 1974, notably Section 22 and 29 of the Act which are on restrictions on pollution of the atmosphere and open burning. However, the said Act has no power to compound or fine air pollution that originated outside of Malaysia’s jurisdiction.

Having a transboundary extra-territorial legislation would empower the government the right to take legal action not only against Malaysian companies but foreign entities as well. I also take the view, the sanction or penalty to be imposed should be high to reflect the severity of the crime.

Millions of Malaysians are suffering from haze pollution due to the selfish profit-driven acts of those companies. It is just that strong deterrent measure must be put in place to curb their action and that means harsh fine and even imprisonment.

Whether we like it or not haze pollution is becoming an annual problem and I hope the government can take immediate step to consult with relevant stakeholders to draft and table a Transboundary Haze Pollution bill at the parliament before the start of the haze pollution season next year.

JIMMY PUAH WEE TSE is deputy chairperson of Johor PKR-cum-state assemblyperson for Bukit Batu.