Procedure to convene Parliament must be followed

Photo: Filepic 2021/Bernama

PARLIAMENT makes the law, expecting the people to comply with it. Parliament is, therefore, expected to follow and comply with its own rules.

Hence it is important that the new government follow and comply with the procedure for summoning the first meeting of the 15th Parliament, in accordance with the Federal Constitution and Dewan Rakyat Standing Orders (SOs).

As announced by Prime Minister Datuk Seri Anwar Ibrahim, the first day of the meeting of the 15th Parliament is expected to be Dec 19.

Article 55(4) of the Federal Constitution, states that whenever “Parliament is dissolved, a general election shall be held within 60 days from the date of the dissolution, and Parliament shall be summoned to meet on a date not later than 120 days from that date”.

The procedure in the Dewan Rakyat’s SOs can be seen in SO11 which is as follows: “The first sitting of the House in each session shall be held in such a place, of such a day and at such an hour as the Yang di-Pertuan Agong may by proclamation appoint.

“For the House of Representatives, the Leader of the House or the Deputy has to determine the dates of proceeding at least 28 days before the beginning of each session.

“Nevertheless, from time to time, the Leader of the House or the Deputy can change the dates that have been fixed as and when desired.”

When a new Parliament is summoned, the first item on the agenda will be electing the Speaker, swearing in the newly- elected Speaker and Members of Parliament, and electing the Deputy Speaker, followed by the King’s speech to mark the convening of Parliament. That is the first order of business.

Now, since SO14 requires notice of 14 days for MPs to propose a name or names to be elected as the Speaker, it follows that the notice to summon the 15th Parliament must be no less than 14 days

Accordingly, the procedure as laid out in the SOs is expected to be followed notwithstanding a saving clause in SO99A that states “Where in making any decision there has been a failure on the part of the House to comply with any provision of the Standing Order in the proceeding leading to the decision, such failure shall be treated as an irregularity and shall not nullify the proceedings or the decision resulting therefrom”.

To date no proclamation to summon the 15th Parliament has been published in the Federal Gazette. There is still time, but the countdown to Dec 19 started right after the results of the general election.

MATILDA GEORGE

Taiping, Perak