The Bar Council has found an ally in Gerakan, which has expressed concern that the proposed amendments to the Legal Profession Act (LPA) 1976 will be detrimental to the body’s independence and credibility.
Baljit Singh, who heads the party’s national legal and human rights bureau, said the proposed amendments must be stopped before they are tabled in Parliament, purportedly in this October sitting.
He urged for more consultation with all parties concerned so that a comprehensive overhaul of the entire legal profession can be conducted.
Baljit questioned the proposed amendments where the minister in charge of legal affairs would be empowered to make rules and regulations related to the conduct of elections of the Bar Council and the Bar's office-bearers.
“The Bar Council is an independent body. Whether its members have a political tendency to criticise government or sometimes issue contradictory statements, the government must be open to those criticisms,” Baljit said at a press conference.
“The Bar Council is a check and balance for the government and the proposed amendments are clearly an executive interference into the affairs of an independent bar."
Baljit, a practising lawyer in Penang, was referring to the proposed amendments to the LPA expected to be tabled in Parliament this October.
He said Gerakan’s legal and human rights bureau has studied the amendments and found that they give rise to several concerns.
Baljit described the government’s proposal to appoint two of its representatives to sit on the Bar Council as clearly amounting to “direct infringement and interference” in the body’s self-regulation and internal management.
“What are they (two government representatives) for? Whatever is discussed behind closed doors will be repeated to the minister.
“How can A, B, or C bring up (controversial) issues without being blacklisted by the government. This amendments will compromise the Bar Council. These amendments are unilateral proposals which were not requested by anyone," he said.
Baljit also raised concerns over the proposal to conduct direct elections for the 24 elected members of the Bar Council, which currently has about 17,000 members.
“Such direct elections could lead to the election of persons who had little or no experience in the Bar Council, undermining its effectiveness,” he said.
Baljit also highlighted the proposal to have a quorum of at least 25 percent of the Bar's membership - or 4,000 out of the 17,000 lawyers - instead of the current 500.
“The requirement is excessive and extraordinary as no other professional body comes close to having such an onerous quorum,” he said. - Mkini
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