THE readings of the Bills to separate the powers of the Attorney General (AG) and the Public Prosecutor (PP), and to limit the Prime Minister’s tenure to two terms, should be deferred pending scrutiny by a bipartisan parliamentary special committee that includes civil society groups.
The call was made by Opposition chief whip Datuk Seri Takiyuddin Hassan, who said that the proposed laws required constitutional amendments and should be deliberated by a special committee for that purpose rather than by an existing parliamentary special select committee (PSSC).
He claimed that the Bill to separate the powers of the AG and PP lacked proper checks and balances, and accountability.
ALSO READ : Mixed reactions on call to defer reading of two Bills
“One significant issue in our country is how excessively broad the powers of the AG currently are, as provided under the Federal Constitution,” he said in a press conference in Parliament.
Under Article 145(3) of the Constitution, he said, the AG has the absolute discretion to initiate, conduct or discontinue any proceedings for an offence, except for cases before the syariah, state or military courts.
“This is an extremely wide-ranging power,” he added.
Takiyuddin said the proposed amendments simply “copied and pasted” the previous provision as part of the new law instead of the deletion of the powers under Article 145(3).
“These powers have essentially been transferred word-for-word to the PP.
“Now, the PP holds the same powers to initiate, conduct or discontinue any proceedings for an offence, exactly as the AG did previously,” he added.
He also called for the powers of the PP to be subjected to judicial review, as the current powers are too extensive and cannot be challenged in court.
Takiyuddin described the proposed amendment to limit the powers of the prime minister to two terms as unconstitutional.
“The Opposition sees this as potentially unconstitutional because it may conflict with Article 40 and Article 43(2A), which give the Yang di-Pertuan Agong the prerogative to appoint the prime minister without any fixed term,” he said.
The proposed amendment requires the approval of the Conference of Rulers under Article 159(5) because it affects the powers and prerogatives of the Yang di-Pertuan Agong, he added.
Takiyuddin expressed doubt that the Bills would see successful passage in the Dewan Rakyat when they are tabled for the second and third readings on March 2 and 3.
This was because several backbenchers had also voiced their objection to the proposed amendments, he claimed.
As they are constitutional amendments, he said that the Bills would require a two-thirds majority in the 222-seat Dewan Rakyat or votes from 148 MPs.
On Feb 24, Datuk Seri Rafizi Ramli (PH-Pandan) and a group of government backbenchers said that rushing the Bills in their current form would jeopardise the two-thirds majority needed for them to pass.
He suggested that the Bills be referred to the PSSC on Human Rights, Elections and Institutional Reform for further scrutiny, rather than being “bulldozed” through the Dewan Rakyat.
Meanwhile, PSSC on Human Rights, Elections and Institutional Reform chairman William Leong said the Bill to separate the powers of the AG and PP requires further deliberation by a special select committee.
Although he supports the Bill, Leong said the proposal for further scrutiny was made after his committee had conducted a comprehensive review of the proposed amendments.
Leong said that the aspect of accountability under the proposed Bill should be refined more clearly and comprehensively by providing a provision to make the PP accountable to Parliament.
This includes introducing a code of ethics specifically provided for by statute, he added.
He added that putting the Bill through the PSSC for further improvements would ensure effective checks and balances in the legislative framework.
