MPs have right to demand vaccine deal details, says law expert

 

Constitutional expert Shad Saleem Faruqi says the constitution grants privileges to the two houses of Parliament.

PETALING JAYA: Members of Parliament have the right to demand full disclosure of the vaccine deal between Pharmaniaga and the health ministry, despite the non-disclosure agreement, says law expert Shad Saleem Faruqi.

Shad told FMT that the Federal Constitution grants the Dewan Rakyat and Dewan Negara some privileges.

“One of the well-known parliamentary privileges is that Parliament can punish anyone for contempt of the house. There have been precedents of this sort in Australia.

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“The contract between the Covid-19 vaccine supplier and the government of the day is a contract between the two of them.

“The assertion that the non-disclosure agreement (NDA) requires the deal to be kept secret from Parliament and the Public Accounts Committee (PAC) has no constitutional basis and is an abuse of the Official Secrets Act (OSA),” Shad said.

“The NDA cannot prevent the PAC, the police, the auditor-general and MPs from demanding the information as they are performing their tasks under the law.

“In fact, the OSA does not apply in Parliament because MPs exercising their freedom of speech during the proceedings are absolutely immune from all laws, except the Sedition Act,” said Shad.

He added that MPs can be charged under the Sedition Act after its amendment in 1971 as a response to the racial riots of May 13, 1969.

Shad said that under the Parliamentary Privileges Act, the privileges committee can take action against anyone found in contempt of the house or defying one of its orders through a fine or imprisonment.

On Monday, during the debate on the health white paper, Kuala Selangor MP Dzulkefly Ahmad said in the Dewan Rakyat that the constitution granted the PAC the power to demand a document under the NDA be disclosed. - FMT