Debate rages over whether PAC can continue 1MDB investigation

KUALA LUMPUR: As the new ministers and deputy ministers took their oaths before the King, debate raged over whether the ongoing Public Accounts Committee probe into 1MDB can continue uninterrupted.

Dewan Rakyat Deputy Speaker Datuk Seri Ronald Kiandee said the present structure of the PAC “does not reflect the composition of the political parties in the Dewan Rakyat” after four Barisan Nasional members of the committee had to vacate their posts.

He cited Standing Order 82(1), which says that “every Select Committee shall be so far as practicable, the balance between the parties within the House is reflected in the Committee”.

“The PAC now should seek the opinion of the Speaker before proceeding. The Speaker is the custodian of Parliament after all.

“The way I see it, the present committee doesn’t reflect the composition of parties in the House,” Kiandee said.

He added that this was the first time four PAC members had been absorbed into the government administration.

PAC had 13 members – eight from Barisan Nasional and five from the Opposition.

Earlier, deputy chairman Dr Tan Seng Giaw (DAP-Kepong), William Leong (PKR-Selayang) and Datuk Kamaruddin Jaafar (PAS-Tumpat) insisted that the PAC would continue its hearing into 1MDB because there was a quorum despite the departure of the four members.

1MDB chief executive officer Datuk Shahrol Halmi, president and group executive director Arul Kanda Kandasamy, former managing director and CEO Mohd Hazem Abd Rahman and businessman Low Taek Jho, better known as Jho Low, are among those summoned to appear before the committee.

Dr Tan said the proceedings could go on as long as there was a quorum, citing Standing Order 83(3) which reads: “Unless the House otherwise directs, three members including the chairman shall be the quorum.”

Dr Tan said the chairman here referred to any PAC member elected to chair the meeting.

He also cited Standing Order 77(3) and explained that the committee could elect any member to act as chairman to preside over PAC meetings in the absence of the chairman or vice-chairman due to illness or other reason.

Leong said those who had been summoned to appear before the PAC should turn up or risk being in contempt of Parliament.

Datuk Nur Jazlan Mohamed, who was PAC chairman before the reshuffle, said on Tuesday that all proceedings would be suspended until there was a new line-up of members.

Constitutional expert Prof Dr Shad Saleem Faruqi said a committee could not proceed without a chairman or with merely a quorum.

“The absence of a chairman is a serious factor. If the chairman is incapacitated for the day, then it is fine, but in this case the post is vacant,” he said.

“Also, the membership must be balanced. The whole idea of a committee in Parliament is that it must have representatives from all sides.”

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia could not be reached for comment.