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Monday, April 11, 2022

More prudent to have anti-hopping law built into Constitution, says MP

 


PARLIAMENT | Laws meant to discourage defections by elected lawmakers should be built into the Federal Constitution, instead of being federal legislation, the Dewan Rakyat was told.

Ramkarpal Singh (Pakatan Harapan-Bukit Gelugor) said restricting the rights of a lawmaker was dealing with fundamental liberties and hence should be dealt with in the Constitution.

"We cannot allow such fundamental liberties to be restricted with a simple majority because it can open the floodgates to abuse in the future," argued Ramkarpal (above).

MPs are in the Dewan Rakyat today debating a constitutional amendment bill aimed at enabling eventual federal legislation dealing specifically with lawmakers who switch parties after being elected.

While a constitutional amendment bill requires two-thirds support of all elected MPs, a bill relating to federal law only needs a simple majority among those present.

Ramkarpal urged the Parliament Select Committee (PSC) which will scrutinise both the constitutional amendment bills and the proposed federal law to consider whether the laws should be built into the Federal Constitution.

As someone who was on the technical committee for the constitutional amendments before this, he said the government had agreed before last Wednesday to prevent party-hopping through constitutional amendments, instead of federal law.

“So I am a bit confused as to why we need a federal law (for anti-hopping), seeing as we can make the required amendments to the provisions in the Constitution itself,” he added.

There is also a need to set a clear time frame for the passing of an anti-hopping law, said Ramkarpal.

They need to have certainty, he said, as he urged for this matter to be settled by May at the latest.

“We cannot come back in July because many things can happen from now until July. Sheraton Moves can happen, a general election can happen, all these things can happen which can scuttle this effort to introduce an anti-hopping law,” he added.

Be serious

Meanwhile, Kelvin Yii (Harapan-Bandar Kuching) said the government should be serious when pushing for the constitutional amendment.

Bandar Kuching MP Kelvin Yii

"The late Karpal Singh said we shouldn't play with the Constitution and we must amend it properly.

"Therefore, I support the effort of the government to bring it to the PSC."

Yii, however, voiced his concern despite the government deferring the constitutional amendment in order to review the anti-hopping bill.

"It's not enough by including the definition of defection in the bill because any sitting government can amend the definition of defection with a simple majority in Dewan Rakyat," he said.

Yii said since all quarters agreed to the amendment, the definition must be included to prevent it from being abused. - Mkini

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