KUALA LUMPUR: Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran has slammed a proposal by an Opposition MP to abolish the clerkship pathway programme for non-law graduates, calling it unfair to underprivileged Malaysians.
Kulasegaran said restricting legal training to university graduates risks creating a monopoly and excluding talented individuals who could become highly skilled lawyers.
"Why can’t they be given the chance to study law? Are some of you afraid that they will learn and become highly capable lawyers?" he told Datuk Che Mohamad Zulkifly Jusoh (PN-Besut) during Question Time in the Dewan Rakyat on Monday (Feb 9).
"Is this a monopoly so that only university graduates are eligible to practice in court?
"Perhaps YB is already wealthy. You can go to the University of Malaya or overseas universities.
"What about the poor? Don’t they matter? Shouldn’t we look out for them? This is an opportunity for them," he added.
Che Mohamad Zulkifly made the proposal on the grounds that the number of Bachelor of Laws (LLB) graduates has grown significantly to over 1,000 a year, compared with just 100 to 200 in the 1980s.
"So the more practical route is for those with an LLB, while the clerkship pathway is for those without an LLB.
"It is no longer relevant. I propose that the clerkship programme be completely closed," said Che Mohamad Zulkifly.
To this, Kulasegaran said: "Perhaps you are now a bourgeoisie (referring to the social order that is dominated by the middle class).
"Besut has forgotten about the poor, who have no opportunities. You have forgotten the basics because now you are an elected rep and have become wealthy," he said.
To the initial question, Kulasegaran emphasised that statutory functions conferred under laws passed by Parliament must continue as usual unless the legislation is amended, including the statutory role of the Legal Profession Qualifying Board (LPQB) in overseeing the clerkship pathway under Section 5 of the Legal Profession Act 1976.
He explained that the LPQB had informed him that applications for clerkship training cannot be implemented immediately, as further study on the pathway is needed.
He said LPQB held engagement sessions on Nov 20 with the Legal Affairs Division of the Prime Minister’s Department, followed by separate sessions on Nov 28 with public and private higher education institutions, to examine the direction of the clerkship pathway.
"On Dec 15, LPQB agreed in principle to establish a task force to review potential improvements and to study the development of curricula, pedagogy, and programme standards to ensure the pathway meets current legal profession standards.
"The task force will include experts from both public and private higher education institutions as well as representatives from the Bar Council," he said.
A proposal for the establishment of the task force is currently being prepared, outlining its terms of reference, expected deliverables and associated costs, he added.
Kulasegaran said the proposed study period is eight months, subject to LPQB approval, and the proposal will be tabled at the board's meeting later this month.
