The 'confidence' debacle

 

MP SPEAKS | Malaysians are truly being governed in unprecedented and strange times. The passing of the Supply Bill 2021 by the federal government this week is of crucial importance considering how Covid-19 has and continues to ravage the lives and livelihood of Malaysians.

I had raised questions on how MPs would approach the Supply Bill 2021 in times of Covid-19 not too long ago, and sadly, there are more questions than answers.

Considering recent events and the upcoming vote on the supply bill, confidence in Prime Minister Muhyiddin Yassin has once again been called into question, particularly if the Supply Bill 2021 is defeated. This event is relatively known as a loss of supply in the Westminster System.

Loss of supply is typically interpreted as indicating a loss of confidence in the government. This was established as early as 1975 in other Commonwealth countries which practised the Westminster System.

For example, in Australia that year, the elected senate delayed voting on a bill to authorise supply for the government and demanded then prime minister Gough Whitlam call an election for the House of Representatives. The governor-general of Australia dismissed Whitlam for refusing to either resign or request a dissolution.

Until the voting process on Malaysia's supply bill takes place, a host of questions remain unanswered, some of which are:

• Will the supply bill pass into law?

• Will the prime minister resign if the bill does not pass?

• If the bill is defeated, will the prime minister claim that the defeat does not measure confidence and as such, he does not need to resign?

• With rising Covid-19 infections, will the prime minister and his cabinet make another attempt to declare a state of emergency in Kuala Lumpur - thereby abruptly halting Parliament proceedings and effectively culling any confidence or no-confidence motions and voting on the supply bill?

• How will the federal government meet its expenditure if the bill is defeated?

• If defeated, will Parliament be dissolved to pave way for elections?

• How soon can a new supply bill be prepared for the benefit of Malaysians?

The fact that the prime minister and the cabinet are responsible or must answer to Parliament for their actions is a fundamental characteristic of a parliamentary government.

They must also enjoy the support and the confidence of a majority of the members of the House to remain in office. This is commonly referred to as “the confidence convention”.

It should now become clear that in the long run, confidence convention will remain part and parcel of politics in Malaysia, just as it is in other Commonwealth countries.

It is for this reason that the UK passed the Fixed-term Parliaments Act 2011 (FTPA). Before the passage of the act, elections were required by law to be held at least once every five years but could be called earlier if the prime minister advised the monarch to exercise the royal prerogative to do so.

The previous system in place before the FTPA could result in a period of political uncertainty before the possible calling of an early election if such an election was widely anticipated, and this was one of the catalysts for the passing of the FTPA.

Under the FTPA, confidence votes must be specifically worded to trigger a general election. This means that a government defeat on a budget measure would not necessarily bring down a government. However, it is likely it would face a vote of no-confidence shortly afterward as its ability to command the will of the House would be in question.

Malaysia ought to draw lessons from the FTPA and place its own safeguards against political instability and turmoil. This will encourage good governance and promote a responsible government.

If all our MPs unite and abide by the King’s decree on reminding politicians to stop politicking, then I would humbly submit three feasible steps and urgent proposals to the government (during this Parliamentary session) to ensure Malaysia does not endure more political instability and upheavals:

Step 1. Table an Anti-Party Hopping Bill.

Step 2. Then proceed to table a bill to regulate all political parties in a coalition government to include and compel them to enter and register into a written coalition government shared agenda and policy agreements.

Step 3. Seal with the tabling of a bill somewhat similar to the UK's FTPA.

With so much political uncertainty at the moment, and with confidence (as well as no-confidence) motions unlikely to be voted on, perhaps the only way we can return to political normalcy is to consider returning the mandate to the people by calling for the dissolution of Parliament to pave the way for a general election.

In this regard, I echo the Umno president’s clarion call for all political parties to set aside their differences for the sake of the people and to stand united in the mandate being returned to the people because the people’s mandate is sacred.

So far, 13 countries are known to have held general elections during Covid-19, one of which is Singapore. Before the republic called for elections on July 10, the number of infections ranged between three to four digits daily. However, ever since late August, the number of infections has been brought down to single and double digits only.

Perhaps only when political equilibrium is restored, and the safeguards proposed above are put in place, only then can politicians shift their focus on what they are expected to do when they come to power, by governing responsibly.

Until then, Malaysia continues to see desperate times with desperate measures reigning over her.

---

AZALINA OTHMAN SAID is Pengerang MP and former law minister. - Mkini

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.