AG-public prosecutor separation bill deferred to next Dewan Rakyat sitting

 

PARLIAMENT | The constitutional amendment bill to separate the powers of the attorney-general and public prosecutor has been pushed to the next Dewan Rakyat sitting for its second reading.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said told the Dewan Rakyat today that the government wants to inform the Conference of Rulers of the proposed amendments first.

“This step is taken out of respect for the institution of the constitutional monarchy and to ensure that the constitutional reform process is carried out in an orderly and prudent manner, in accordance with the country’s constitutional practices,” she said.

The long-awaited bill was first tabled in the Dewan Rakyat on Feb 23 and later referred to a parliamentary special select committee (PSSC) for further review, following concerns over structural weaknesses.

Through amendments to six articles and the insertion of two new articles, the bill provides for a new public prosecutor’s office, transferring to it the prosecutorial powers currently held by the AG.

This empowers the new public prosecutor with exclusive authority to institute, conduct, or discontinue criminal proceedings, except in syariah, native, or court-martial cases.

Unlike the current structure, the AG’s role will be limited primarily to providing legal advice to the government on non-criminal matters.

Strengthening Parliament’s role

Yesterday, Azalina announced a new amendment to the bill to strengthen parliamentary oversight when appointing the public prosecutor.

Under the revised proposal, the Judicial and Legal Service Commission would submit only the candidate endorsed by the Dewan Rakyat to the Yang di-Pertuan Agong.

During her speech today, she said this was due to lawmakers raising red flags over Parliament’s limited role in the appointment process.

The bill is one of the government’s flagship institutional reform initiatives, particularly in Pakatan Harapan’s case, as the coalition had pledged to split the AG’s legal adviser and prosecutor roles since 2018.

BN, which is partnered with Harapan in the federal government, had vowed the same in 2022. - Mkini