Bill to amend National Security Council Act tabled in Dewan Rakyat

KUALA LUMPUR: A Bill to amend the National Security Council Act was tabled in Dewan Rakyat on Tuesday (Aug 18).

The National Security Council (Amendment) Bill was tabled for its first reading by Minister in the Prime Minister's Department Datuk Takiyuddin Hassan, and it is expected to be passed in the current Parliament meeting which ends on August 27.

Among the amendments include removing the power of the Prime Minister under Section 18 (1) to declare any area in the country a security area, on the advice of the eight-member National Security Council.

The Bill will give the power to declare a security area to the Yang di-Pertuan Agong, on the advice of the council.

Under the present law, the Prime Minister may, if he considers it to be necessary in the interest of national security, declare in writing an area as a security area.

Another amendment in the Bill touches on Section 18 (4), with regards to the power to renew the six-month declaration period, which will be placed in the hands of the Yang di-Pertuan Agong, instead of the Prime Minister.

Additionally, Section 18 (6) in the Bill also requires that the renewal of the declaration of a security area is to be put before “both Houses of Parliament” instead of the Dewan Rakyat, while Section 18 (7) will also give the Yang di-Pertuan Agong the discretion to revoke a declaration, as opposed to the Prime Minister under the present law.

Also to be removed is the power of the Prime Minister to appoint the Deputy Prime Minister as the council's deputy chairman, as laid down under Section 6 of the current Act.

Instead, the council's deputy chairman is to be appointed from amongst the members of the council, a move aimed at strengthening the council's membership.

The proposed amendments under Section 21 will see a jail term not exceeding five years and a fine not exceeding RM100,000 on individuals who fail to provide information or intelligence to the council's Director of Operations when requested, in relation to national security and the security area.

Non-government entities who fail to comply with the request for information or intelligence will also be liable to a maximum fine of RM100,000.

Proposed amendments under Section 37 will increase the punishment for those who divulge information related to the Council's meetings from the current maximum jail term of two years to a maximum five years imprisonment.

The amendments also include a new Section 42A, which is in regards to the liabilities of director, compliance officer, partner, manager, secretary or similar office of a company, partnership, firm, society or other bodies.

A new Section 42B will also see the liability extended to employers whose employees, agents or those acting on their behalf had committed an offense under the Act.

The National Security Council Act was passed by the Dewan Rakyat in December 2015 and came into effect on August 1,2016.

Criticism was levelled against the Act as oppressive, while giving the Prime Minister the power to declare an area as a security area.

In August 2018, the former Pakatan Harapan administration said that it would review the law.