Putrajaya has defended its move to form a parliamentary special select committee (PSSC) to look into the government’s proposed bill on separating the roles of the attorney-general (AG) and the public prosecutor.
This comes after lawmakers and civil society organisations raised concerns regarding the new PSSC, which will be chaired by Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said.
In a statement today, the Legal Affairs Division highlighted that while the chairperson presides over the PSSC’s proceedings, all findings and recommendations are decided collectively by committee members.
It added that such an approach is “not new” in Parliament, as different ministers had previously chaired various PSSCs formed through a motion.
Previous instances listed by the ministry include then-minister in the Prime Minister’s Department Radzi Sheikh Ahmad presiding over a review of amendments to the Penal Code and the Criminal Procedure Code in July 2004, and then-law minister Wan Junaidi Tuanku Jaafar’s role in the parliamentary review of the anti-party hopping bill in April 2022.
The same approach, it said, was also adopted for the Control of Tobacco Product and Smoking Bill 2022, which was referred to a select committee in August 2022 by then-health minister Khairy Jamaluddin.
“The government remains subject to the principle of parliamentary accountability as provided under Article 43(3) of the Federal Constitution, whereby the cabinet is collectively responsible to Parliament.
“Therefore, the review process through this PSSC forms part of the check-and-balance mechanism within the parliamentary democratic system,” the division affirmed.
The Legal Affairs Division also pointed out that it, alongside the Attorney-General’s Chambers, had presented the institutional reform agenda to the PSSC on Human Rights, Elections, and Institutional Reform on Feb 26, as well as to the PSSC on law review on March 2.
Through the new PSSC, the division said, various stakeholders, including MPs, legal experts, academicians, and civil society organisations (CSOs), are expected to be invited to provide views to strengthen the bill.
Objections from MPs, NGOs
Earlier, PKR’s Subang MP Wong Chen had pointed out that none of the PKR MPs who had previously highlighted the need for amendments to the bill had been afforded a chance to sit on the committee.
Wong’s fellow PKR lawmaker, Petaling Jaya MP Lee Chean Chung, also stressed that parliamentary reform is not merely about outcomes, but also about process and institutional integrity.
“Whether this move (regarding the new PSSC) strengthens scrutiny or signals an encroachment on parliamentary independence is a question that deserves careful reflection,” he added in a Facebook post which highlighted Azalina’s role as the committee’s chairperson.
CSOs have also pointed out that, besides an accountability mechanism for the public prosecutor, other issues and concerns that have been raised include the public prosecutor’s process of appointment and removal, tenure and limits of service, age, retirement, as well as the risk of the AG and public prosecutor’s influence upon the judicial service.
These issues, they said in a statement yesterday, must also be refined and agreed upon to ensure the constitutional amendment can proceed smoothly with the support of all stakeholders.
The statement was backed by, among others, Bersih, the Center to Combat Corruption and Cronyism (C4 Center), and the Institute for Democracy and Economic Affairs (Ideas). - Mkini
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