KUALA LUMPUR: The Parliamentary Special Select Committee’s report on the proposed constitutional amendments to separate the roles of the Attorney General and the Public Prosecutor will be tabled in the Dewan Rakyat today.
However, it remains to be seen whether the revised Bill will be debated and passed during the current meeting, although it is listed in today’s Order Paper.
According to this week’s order of business, the Bill had been scheduled for its second reading yesterday, with debates expected to continue into today.
The committee’s report was initially scheduled to be tabled in the Dewan Rakyat yesterday but was postponed.
It is understood that the report must first be debated and adopted by the House before the revised Bill can be tabled, following additional amendments proposed by the committee.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said yesterday that the committee had refined the original proposed amendments through seven key improvements aimed at enhancing the independence, integrity and accountability of the Public Prosecutor’s office.
“These include strengthening Parliament’s role in the appointment process, with the Public Prosecutor to be appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission (SPKP), without the involvement of the Prime Minister or the Cabinet,” she said.
Other improvements include a fixed, non-renewable seven-year term, the introduction of a Public Prosecutor’s Code of Ethics and empowering Parliament to enact further legislation to strengthen the institution, she added.
Azalina said Clause (18) of proposed Article 145A of the Federal Constitution had also been enhanced to expand Parliament’s role in the appointment process.
Under the proposed mechanism, the SPKP will submit the names of candidates to the Speaker of the Dewan Rakyat for tabling before the House.
“The Dewan Rakyat will then scrutinise the candidates through a Select Committee before making recommendations to the SPKP.
“Based on these recommendations, the SPKP shall advise the Yang di-Pertuan Agong only on the names recommended by the Dewan Rakyat,” she said.
She said the measures were intended to strengthen the system of checks and balances without compromising the independence of the Public Prosecutor or the constitutional role of the Yang di-Pertuan Agong.
Azalina added that the reform was not merely about separating the powers of the Attorney General and the Public Prosecutor, but also about establishing a prosecution institution that is more independent, transparent and accountable.
Meanwhile, two sources told The Star there is a strong possibility that debate on, and voting for, the Bill will not take place during the current Dewan Rakyat meeting, which ends on Thursday.
“The report will be tabled tomorrow, but the debate will likely take place in the next meeting,” said one source.
The Bill requires a two-thirds majority in the Dewan Rakyat to be passed.
It was referred to a 12-member bipartisan Parliamentary Special Select Committee after its second reading in March this year.
