Lawyers for Liberty (LFL) has slammed the “dangerous development” of the cabinet planning to issue a rebuke via the Dewan Rakyat speaker to MPs over misleading statements made during parliamentary sittings.
The human rights group’s adviser N Surendran said if the cabinet proceeded with the “unusual step” following a call made by Communications Minister Fahmi Fadzil, it could be in breach of parliamentary privilege and commit contempt against the house.
“I have never before heard of a statement of this nature from the cabinet, directed at Parliament. Parliament is not a government department to which the cabinet may administer rebukes.
“This dangerous development must be nipped in the bud. Infractions by MPs during parliamentary proceedings must be dealt with by the Dewan itself, in accordance with standing orders,” Surendran said in a statement today.
This was in response to Fahmi’s remark at a presser after the cabinet meeting yesterday, that the cabinet will contact the office of the Dewan Rakyat speaker over “false statements” issued by MPs during their debates in Parliament over the last two weeks.
“Insya-Allah, the cabinet will contact the Dewan Rakyat speaker's office to make sure (it does not recur) because there seems to be an attitude of issuing a statement first, apologising later.
“There is a contention as to whether there was any remorse, do they understand that what was said was incorrect, either (MPs) of Tasek Gelugor (Wan Saiful Wan Jan), Pengkalan Chepa (Ahmad Marzuk Shaary) or Marang (Abdul Hadi Awang),” Bernama quoted him saying.
Emasculation of Parliament
Elaborating, Surendran said the Dewan Rakyat has complete power and control over its affairs or proceedings and does not need “external” influence.
“Individual ministers in their capacity as MPs can raise concerns in the Dewan or move a motion to suspend an MP, but ministers cannot in their collective and extraneous role as the cabinet attempt to regulate or interfere in parliamentary affairs.
“To allow this would lead to the emasculation of Parliament and lead towards a dictatorship of the cabinet.
“It does not matter which political coalition is in power, whether Pakatan Harapan/BN or Perikatan Nasional, this principle must be upheld,” said the former PKR leader-cum-MP.
He urged cabinet members to not lose sight that the cabinet is the servant of the Dewan Rakyat, not the other way round.
Thus, Surendran urged the cabinet to withdraw from the act announced by Fahmi, and henceforth, refrain from issuing directions or rebukes of any nature to the Dewan via the speaker, or otherwise.
“The cabinet must also improve its parliamentary understanding by taking steps to comprehend and comply with the constitutional provisions and laws providing for the autonomy and independence of the parliamentary institution.
“Meanwhile, the speaker and MPs must be ever vigilant and vigorously resist any encroachment or threat to the independence of Parliament and the autonomy of its proceedings.” - Mkini
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