KUALA LUMPUR: The government will strengthen Parliament’s role in appointing the public prosecutor under proposed constitutional amendments to separate the functions of the Attorney General (AG) and the public prosecutor.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said stated on Thursday (June 25) that this was among the key recommendations agreed upon by the Parliamentary Special Select Committee.
"The proposal represents significant institutional reform and is the first of its kind to be introduced in Malaysia.
"Giving Parliament a role in the appointment process strengthens accountability and institutional checks and balances, while fully respecting the Federal Constitution, the position of the Yang di-Pertuan Agong, and the nation’s fundamental administrative structure.
"Parliament will determine the procedures for carrying out its role in the public prosecutor appointment process in accordance with the laws and regulations in force," she said in an official statement on Thursday (June 25).
She said further details on the appointment process, including how Parliament will be notified and how it will provide its views before the Judicial and Legal Service Commission advises the Yang di-Pertuan Agong, will be provided for under federal law.
"In terms of implementation, Parliament’s involvement mechanism will be carried out by establishing a Parliamentary Special Select Committee under the Dewan Rakyat’s standing orders to examine the list of candidates for the position of public prosecutor.
"The Parliamentary Special Select Committee has agreed (after being informed by the Judicial and Legal Service Commission on the list of candidates) that the committee established for this purpose will provide comments, including assessments and recommendations on whether to recommend or not recommend any of the candidates put forward.
"Any issues relating to the confidentiality of candidates will be decided by the Parliamentary Special Select Committee based on the applicable laws and regulations," she said.
She said the reform to separate the functions of the AG and the public prosecutor is a major and highly complex institutional reform.
"I would like to stress that the matter has been discussed in depth through the committee, whose membership comprises representatives from both the government and opposition blocs and involves various political parties.
"The views and recommendations put forward by committee members were considered when formulating the proposed amendments.
"I hope that all MPs from both the government and opposition will join together in supporting this institutional reform effort.
"This reform is not about any particular party but about the interests of our nation.
"I hope that this noble effort by the government will strengthen the national institution, uphold the rule of law and benefit the people as well as future generations," she said.
