Will the Dewan be an august house in September?

 

The Parliamentary Services Act, which was repealed in 1992, could be making a return soon, says new law minister Wan Junaidi Tuanku Jaafar.

It’s impressive that one of the first acts of this minister from Sarawak appears to be trying to repair the badly tainted image of the federal legislature.

So, can this be the start of the Dewan Rakyat regaining much of its lustre which went down the drain over the decades?

Obviously, many are pessimistic here going by the past performance of some Speakers and the audacious behaviour of some MPs, made worse by a minister taking charge of Parliament resulting in the house functioning like a government department, losing whatever semblance it had of being independent.

Umno Supreme Council member and former deputy speaker Azalina Othman Said said this recently when she quit her post: “We need to bring back the independence of Parliament. If you have Parliament running like a government department, how is it supposed to monitor the government?”

I suppose Malaysians are eagerly waiting for Parliament’s reopening under the “new” government on Sept 13, especially after the government and opposition have kind of agreed to work together to battle Covid-19 and institute reforms in both the upper and lower houses.

So, can the PSA, if implemented, witness a new Dewan Rakyat that will operate independently without the government tentacles all over it? Will the house then be devoid of foul language, name calling, racial and sexist slurs and allow urgent motions even if it is from the opposition?

Will we see sensible answers from the ministers instead of the unconvincing denials or one-liners with limited time for clarification on answers?

Let me focus on the lower house, the Dewan Rakyat.

The upper house, the Dewan Negara or Senate, is a mere rubber stamp with the members of the ruling coalition nominating their representatives as a reward for loyalty. It is also used as a platform to appoint unelected ministers or deputies as senators first.

Pardon me for my pessimism but I, like many others, am full of doubts although I am hoping against hope that this important institution can live up to expectations in future.

Some of our hopes for reforms were dented even before the house could sit, with motions from at least two opposition MPs to remove Azhar Azizan Harun as Speaker being rejected by his deputy.

Honestly, I think the PSA for whatever it’s worth, may not even happen during this government’s tenure, which is unlikely to go the full term. Besides, one needs a lot of political will to push through any change in the management of Parliament. There’s just too much at stake for the ruling parties.

The incumbents are not going to allow the appointment of independent Dewan Rakyat Speakers or their deputies. Or make decisions without consulting the executive which appoints the Speakers and their deputies.

For as long as their appointments are decided and sanctioned by the government of the day, I’m afraid we will not see a squeaky-clean house which can stand proud as an independent arm that can legislate without fear or favour.

If you think the opposition will appoint a fiercely independent Speaker when it comes to power, you can forget it. Pakatan Harapan may have come close by appointing a former judge during its watch but don’t forget he was a member of Amanah, a component member.

How can you expect parliament to be independent in its operations when it is put under the jurisdiction of a minister in the Prime Minister’s Department, namely the de facto law minister?

If you ask me, the minister has no business being part of the administration of Parliament, let alone taking charge of it. Currently, only the minister can decide if private motions can be given priority over government business.

In the past, we have seen how the pro-government Speakers have used the avalanche of government bills to thwart private motions which never see the light of day in most cases.

In other words, they help the ruling party by working with this minister. I’m not sure if this can be prevented with the PSA, because it appears to be a mere administrative change.

Azalina had the spunk to quit the post and in doing so, painted a grim picture of the state of affairs of the august house. She said there was a conflict of roles and responsibilities between being a party member and an MP in a ruling coalition when she held the post.

“The developments in the past 17 months have led me to reflect on the institutional defects of our parliamentary institutions and my own limitations to discharge my duty well in such a setting without compromising my professional integrity.

“In future, Speakers and deputy speakers of Dewan Rakyat should be suspended from any political party posts to ensure political impartiality, which is a key feature of the office, so he or she can effectively function without fear or favour,” she said.

Azalina may have her detractors for various reasons but it takes much grit to quit such a post and, firing a powerful salvo in the process.

So, having a PSA may be a start to reforming our Dewan Rakyat. But a heavy dose of political will is needed to bring back the dignity it once enjoyed in the 1960s. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.