Nurul Izzah wants rethink of granting govt power to strip MPs of position

 

Permatang Pauh MP Nurul Izzah Anwar wants a rethink of the proposal to first proceed with a constitutional amendment to "enable" a future anti-hopping law pending the resolution of disagreements between parties in the government.

This was amid concerns that the wording of the constitutional amendment will grant wide-ranging powers to restrict freedom of association beyond just stopping MPs and assemblypersons from hopping parties.

"How much of this amendment is dependent on the government's good faith and good intentions? If that’s all it depends upon, then it’s resting on shifting sand.

"It gives federal government power - in perpetuity - to strip MPs of seats. We need to revise this legislative strategy," she tweeted.

The PKR lawmaker was responding to lawyer New Sin Yew who warned that the constitutional amendment will be open to abuse and allow the government to control political parties.

Legally restricting party membership

According to a copy of the bill shared by Subang MP Wong Chen, the bill would amend Article 10 of the Constitution - which enshrines freedom of speech, assembly, and association.

Subang MP Wong Chen

It would insert a sub-clause that allows party membership of MPs and assemblypersons to be restricted by federal law.

The wording of the sub-clause reads: "(3A) Notwithstanding paragraph (c) of Clause (2) and Clause (3), restrictions on the right to form associations conferred by paragraph (c) of Clause (1) relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly may also be imposed by federal law.”

While the constitutional amendment would require the support of two-thirds of MPs, the introduction of any legislation invoking the constitutional provision will only require a simple majority.

While the provision would pave the way for the creation of an anti-hopping bill, its general wording can also allow the creation of other laws to restrict the freedom of association.

Any government with a simple majority of MPs can introduce laws to impose such restrictions.

The wording is kept general, partly due to the fact that the exact nature of the anti-hopping legislation has yet to be finalised.

The original draft of the anti-hopping bill would have automatically disqualified any MPs who switch parties or are sacked from their party.

It also prohibits MPs who won on an independent ticket from joining other parties.

Calls for clear definition

However, some government leaders, particularly from Perikatan Nasional, want the bill to be more "clearly defined".

This has caused a delay in the introduction of the anti-hopping bill, leaving Monday's special Parliament sitting without a legislative agenda as it was initially called for that purpose.

The suggestion to instead push through a constitutional amendment first is also in part to show some progress, as the anti-hopping legislation was supposed to have been introduced during the last Parliament sitting which ended in March.

It is part of the requirement for the memorandum of understanding between the government and Pakatan Harapan. - Mkini