Govt can again table motion in Parliament after Sosma defeat, says lawyer

PETALING JAYA: Even if the government was defeated in passing the motion to extend the enforcement of subsection 4(5) the Security Offences (Special Measures) Act (Sosma) 2012 in Dewan Rakyat, it can again table a similar motion again soon, says a lawyer.

Andrew Khoo, co-chair of the Bar Council Constitutional Law Committee, said that it was possible that the government may still try to introduce a motion for a shorter period of detention, perhaps 21, or 14, or seven days.

According to Dr Oh Ei Sun, a senior fellow at the Singapore Institute of International Affairs, the failed bid to pass the motion in the House earlier on Wednesday (March 23) showed that the parliamentary whip in charge of government backbencher MPs might have been negligent in his duties.

"Whether or not it's intentionally or unintentionally, (the whip was negligent in) not having marshalled enough government MPs to pass the motion.

Oh also agreed that the government does not have to resign by convention, as this isn't a Supply Bill or a federal budget.

At the same time, Oh said that it is common public knowledge that the government is led by a simple majority in Parliament.

"It is simply another nail on this government's tightening political coffin."

At present, the 114 MPs supporting Datuk Seri Ismail Sabri Yaakob as Prime Minister consists of 41 MPs from Barisan Nasional, 31 MPs from Bersatu, PAS (18), Gabungan Parti Sarawak (18), Sabah STAR (one), Parti Bersatu Sabah (one) and four independent MPs.

Earlier, a motion by Home Minister Datuk Seri Hamzah Zainuddin to extend the subsection in Sosma for another five years beginning July 31 this year, was defeated after it was put to a bloc vote following a heated debate.

The bloc voting saw 84 MPs voting for and 86 against, while 50 MPs were absent.

At least three MPs were also disqualified from voting as they had entered the hall late for the bloc voting process.