AG-PP separation: PSSC moots removing executive appointment powers, allowing legislative review

 

A parliamentary special select committee (PSSC) has recommended removing the executive powers of the prime minister and cabinet ministers in appointing the public prosecutor (PP).

Instead, it promoted legislative involvement to review candidates selected by the Judicial and Legal Service Commission (JLSC) before the Yang di-Pertuan Agong appoints them.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said, as PSSC chair, said the recommendations form part of further amendments to the government’s proposed bill on separating the roles of the attorney-general (AG) and the PP.

“Among the key recommendations are the appointment of the PP by the Yang di-Pertuan Agong on the advice of the JLSC, without the involvement of the prime minister or the cabinet,” she told a press conference in Parliament today.

Elaborating, Azalina (above) said parliamentary involvement in the process of appointing the PP aims to promote greater transparency, in line with the government’s commitment to upholding institutional independence. 

“Most importantly, a special select committee will exist for Parliament to evaluate the names and debate among parliamentarians, whether they decide to debate it outside in the Dewan or within the select committee,” she explained.

She added that the recommendations follow seven PSSC meetings that also involve external stakeholders who had previously raised concerns over the original bill, first tabled on Feb 23, and failed to receive the required two-thirds majority support on its final reading.

Also present today were PSSC members comprising backbenchers and opposition MPs.

Other key recommendations include:

• A fixed term of office of seven years, without renewal or reappointment, to strengthen institutional independence.

• A requirement for the PP to submit an annual report to be tabled in Parliament to enhance institutional transparency and accountability.

• The establishment of a specific Code of Ethics for the PP, where a breach of the code may constitute one of the grounds for removal from office.

• A provision allowing Parliament to enact further laws relating to the appointment, removal, and reporting responsibilities of the PP to ensure that this reform can continue to be strengthened from time to time.

• An affirmation that the appointment of the PP shall be made only from among candidates recommended by the JLSC to ensure that the appointment process remains institution-based and free from executive influence.

Overall, Azalina said the constitutional amendment would allow Parliament to participate in the appointment process, including through its own rules and regulations.

“As a next step, the committee hopes that MPs will examine the recommendations objectively, to ensure that the reforms implemented will strengthen the country’s justice system,” stressed the Pengerang MP.

Azalina further expressed hope that the amended bill, placed on the MPs’ table today and targeted for debate in this Parliament session, will receive the required two-thirds majority support to be passed as law. - Mkini