‘BRING BACK PARLIAMENTARY SERVICES ACT’

It will boost independence of the legislature, says law lecturer

THE first meeting of the first session of the 14th Parliament on Monday is something Malaysians are looking forward to as it heralds the opening of a new chapter in the Dewan Rakyat.

The changeover in Federal Government — the first after six decades of rule by Barisan Nasional — has Pakatan Harapan ruling the roost in the august house, but whether its “New Malaysia” will be evident in the form of greater parliamentary independence remains to be seen.

The return of Tun Dr Mahathir Mohamed as prime minister and member of parliament (Langkawi) to the Dewan Rakyat, as well as the presence of young MPs like Syed Saddiq Abdul Rahman (Muar), 25, and P. Prabakaran (Batu), 22, are bound to spice up debates.

All 222 MPs, including 121 representing PH, will be sworn in on Monday.

Yang di-Pertuan Agong Sultan Muhammad V will deliver his royal address at 10am on Tuesday.

The first meeting will run for 20 days between Monday and Aug 16.

As a symbol of democracy, Parliament is the foremost institution where voices of the common people are heard and where laws are drafted, amended or repealed.

It controls how the country’s money is spent and oversees the executive branch of the government.

However, for Parliament to remain independent and not beholden to ruling parties, it was vital for the government to review its administrative system, said International Islamic University Malaysia law lecturer Dr Shamrahayu A. Aziz.

“For Parliament to be independent, it has to be a self-governing body and shouldn’t be regulated by any government department.

“Only by being independent can Parliament carry out its functions,” she said recently, adding that funds should be allocated to the institution directly instead of through the Prime Minister’s Department.

Suggesting that the repealed Parliamentary Services Act 1963 (PSA) be reintroduced, she said the act empowered Parliament to oversee its administrative affairs and hire its staff.

The act guaranteed MPs parliamentary privilege or freedom of speech.

PSA was repealed on Nov 20, 1992. Since then, Parliament’s administrative and financial affairs have been handled by government departments, such as the Public Service Department and Treasury.

The act had provided for the establishment of a separate parliamentary service, whose members were appointed by the Dewan Rakyat speaker and Dewan Negara president.

Under the act, the number of staff, their designations and salaries were determined by an advisory committee and approved by the Yang di-Pertuan Agong.

In 2015, 11 civil society organisations banded together to push for parliamentary reforms, including the reintroduction of PSA.

Calling themselves “Gabungan Cadangan Penambahbaikkan Parlimen” (Collective Suggestions for the Improvement of Parliament), the coalition had said that MPs must have the independence and power to manage their parliamentary affairs so that they could be efficient in exercising oversight and supervision of the executive.

“The work of Parliament has to be that of Parliament. Parliament should not be under any government or ministry.

“PSA must be restored to make Parliament administratively and financially independent of the executive,” the coalition had said.

Shamrahayu said there had been some discussions in 2005 to revive PSA, but no action was taken.

“This could be due to the argument that the absence of the act did not have any impact on MPs’ freedom of expression.”

She, however, said PSA was relevant for the establishment of a special committee that allowed Parliament to act as an inclusive forum that brought together government MPs and opposition lawmakers, as well as experts and the public.

She said efforts to boost Parliament’s the independence and integrity must involve the commitment of parliamentarians.