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Thursday, July 29, 2021

Speaker gives 'lesson' on constitution in refusing to allow debate

 


PARLIAMENT | Dewan Rakyat Speaker Azhar Azizan Harun today cited the “very specific language” of the Federal Constitution to explain why there was no need to debate or vote on the revocation of the emergency ordinances in Parliament.

He was called to respond after opposition lawmakers once again urged to be able to debate and vote on the revocation of the emergency ordinances.

Azhar (above) compared the language used in Article 150 of the Federal Constitution, which has to do with the proclamation of emergency, to other provisions, such as Articles 99 and 100, which deal with the government’s annual financial statements and supply bills.

“The language used in the Federal Constitution is very specific, it is chosen deliberately. So in Article 150(3), the use is also deliberate. It says ‘must be laid’, not that it must be ‘tabled’.

“We make comparison with Article 100. It says every year there must be a supply bill tabled. If there is a bill, it must be debated and go through the committee stage and all that.

“We contrast that with Article 99, which refers to the annual financial statement. It says the expenditure of the federal government has to be ‘laid in the House’. Again, in this article, it does not say ‘bill’ or ‘tabled’, it says ‘laid’, so the government will lay the financial statement,” Azhar explained in the Dewan Rakyat.

While Gobind Singh Deo (Harapan-Puchong) agreed with part of Azhar’s legal interpretation, he still insisted that in order to revoke the ordinances, there must be a motion that must be debated on and voted to reach a ruling on the revocation.

“We know they haven’t, that’s why they are running all over the place getting things done,” he said.

Gobind also said it is within the speaker’s residuary powers under Standing Orders 100 to allow the lawmakers to debate and vote on the matter.

However, Azhar later said the residuary powers he has cannot be inconsistent with the rest of the Standing Orders.

Standing Orders 100 states that "all matters not specifically provided in these Orders and all questions in relation to the detailed working of these orders shall be regulated in such manner, not inconsistent with these orders".

RSN Rayer (Harapan-Jelutong) later accused Azhar of explaining things on behalf of de facto Law Minister Takiyuddin Hassan, but the speaker said the questions from the opposition MPs were directed at him.

“Because I was asked, so I answer. If I wasn’t asked, I wouldn’t answer. It is not even my job,” Azhar said. - Mkini

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