KUALA LUMPUR: The constitutional amendment Bill to separate the powers of the Attorney General and Public Prosecutor should be refined further, says the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform.
Its chairman William Leong said after the committee convened a meeting on Thursday (Feb 26) to conduct a comprehensive review of two constitutional amendment Bills tabled on Monday (Feb 24), that further deliberation is required for the Bill to separate the powers of the Attorney General and Public Prosecutor.
He said while the committee supports the Bill, it is of the view that the aspect of accountability should be refined more clearly and comprehensively by providing a provision to make the Public Prosecutor's accountable to Parliament and introducing a code of ethics specifically provided for by statute.
"Such strengthening is consistent with international best practice and ensures that public confidence in the integrity of the prosecutorial institution is preserved, without compromising the independence of prosecutorial functions which lies at the core of the rule of law," he said in a statement.
"Having undertaken a comprehensive review and considered the views of various parties, the committee is of the opinion that the Bill should be supported.
"Nevertheless, in the spirit of further strengthening the proposed framework, the committee calls upon the government to consider further improvements to reinforce the Public Prosecutor's accountability mechanism through a Special Select Committee, so that the legislative framework we seek to establish truly reflects the principles of effective checks and balances," he said.
This support is grounded in institutional considerations and constitutional principles, in line with the committee's role as an independent and non-partisan mechanism of checks and balances," he added.
He said the structure of the process of appointing a public prosecutor is within a professional as well as an institutional constitutional framework.
The mechanism for removal through an independent tribunal also provides institutional protection, which is consistent with the principle of the rule of law.
"In relation to the proposed separation of the roles of the Attorney General and the Public Prosecutor, the committee notes that the appointment of the Public Prosecutor is proposed to be made by the Yang di-Pertuan Agong at His Majesty's discretion upon the recommendation of the Judicial and Legal Service Commission and after consultation with the Conference of Rulers," it said.
Leong said the committee found the amendments of another Bill to limit the Prime Minister's tenure to a maximum of ten years as clear, firm and a constitutional limitation of power.
He said the amendment constitutes an important structural reform to institutionalise periodic leadership transition, prevent prolonged concentration of executive power and strengthen democratic accountability.
"The committee also emphasises that the provision for continuity of administration ensures that no vacuum of power arises, by allowing limited functions to continue until the appointment of a new Prime Minister. This design reflects a careful balance between reforming limitations of power and maintaining governmental stability," he said.
The two Bills are set to be tabled for the second and third readings in March.
As both are constitutional amendments, it will require a two-thirds majority in the 222-seat Dewan Rakyat (148 MPs) for successful passage.
