Debate over Bill rages on

KUALA LUMPUR: After months of anticipation, the proposed amendment to the Federal Constitution on citizenship laws was finally tabled for the first reading in the Dewan Rakyat.

However, the Opposition was dissatisfied with the final version of the Bill as they claimed that several important provisions were omitted.

They also called for the Bill to be referred to the Parliamentary Special Select Committee (PSSC) for review.

The Bill was tabled by Home Minister Datuk Seri Saifuddin Nasution Ismail and it is slated for a second reading within this meeting of the Dewan Rakyat.

An amendment to the Federal Constitution will require two-thirds’ support in Parliament, or 148 MPs, for it to be passed.

The Bill, among others, seeks to amend Part II of the Second Schedule to the Constitution to allow children born overseas to Malaysian mothers with foreign spouses to be granted the automatic right to confer citizenship on their children.

Prior to this, only children born overseas to Malaysian fathers were given the automatic right to confer their citizenship on their children.

“With the amendment to paragraph (b) of Section 1 of Part II of the Second Schedule to the Federal Constitution, the birth of a child born outside the Federation shall be registered within one year of its occurrence or within such longer period as the Federal Government may allow, at a consulate of the Federation or with the Federal Government,” the Bill read.

Other amendments include Clause 2 of Article 15 of the Federal Constitution to lower the age limit for citizenship application to 18 from 21 in line with the voting age in Malaysia, as well as the definition of a child as provided in the Child Act 2001 and the age of majority as provided in the Age of Majority Act 1971.

The Bill also seeks to amend Clause (1) Article 15 of the Federal Constitution to impose an additional requirement requiring married women applying for citizenship through registration to have adequate knowledge of Bahasa Malaysia.

A new Section 3 was added requiring individuals who acquired citizenship by operation of the law, whereby at least one parent is a Malaysian, to take an oath upon turning 18.

Failing this, they would cease to be citizens.

After the Bill was tabled, Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) said the Opposition was “caught by surprise” that provisions that were mentioned during the engagements with the ministry did not make it to the final version of the Bill.

He said the minister should have explained this to the House before making such a major move, as it involves a constitutional amendment.

However, Deputy Speaker Datuk Ramli Mohd Noh gave Takiyuddin the option to move a motion or to raise the matter during the debate.

At a press conference later, Takiyuddin said Opposition leader Datuk Seri Hamzah Zainudin had earlier told Saifuddin Nasution to let the PSSC review the proposed amendments.

Takiyuddin also questioned the government’s decision to drop several proposed amendments, despite having briefed MPs and stakeholders over the matter previously.

Last Friday, Saifuddin Nasution said Putrajaya decided to drop two proposed amendments involving Article 19B and Section 1(e) Part 2 of Schedule 2 of the Federal Constitution.

These amendments would have deprived foundlings and stateless children of automatic citizenship and would see them needing to register for it instead.

Section 19B, Part III, provided that foundlings were given automatic citizenship by operation of law, giving them the benefit of doubt as to the date and place of their birth, as the status of their biological parents was unknown and unable to be proven.

Section 1(e), Part II states that citizenship was given to vulnerable and affected people, such as children born out of wedlock, adopted and abandoned stateless children, and indigenous communities.