Written by: Averroes
(1.0) Introduction
The Law Minister from the Prime Minister’s Department suggested that there should be a third Deputy Speaker (DS) for the Dewan Rakyat (lower house of Parliament). He pointed that article 57(1)(b) of the Federal Constitution (FC) for now permits only two (2) DS.
If the government intends to increase the number of DS from two to three (3), then a constitutional amendment is required. The reason is two harmonise and familiarise our system with other Westminster systems of Parliament, such as the United Kingdom House of Commons and Canada has three DS.
(1.1) Plans for Constitutional Amendment
Third Dewan Rakyat Speaker:
While plans for adding a new DS is underway, since MP Azalina Othman vacated the DS position, Parliament loomed into a rambunctious clatter of arguments. This came after the motion to fill in the DS position is suspended. The situation brewed more intensity when there were also motions to replace the Speaker Datuk Azhar Azizan Harun, raised by the opposition MPs.
The reasons why the suspension was justified was that, according to De Facto Law Minister Wan Junaidi Tuanku Jaafar, it was to consider the proposal of adding a third DS. He clarified that the suspension was to heed way for constitutional amendments. He added that, one of the DS would be from the opposition.
Plans for amendments were discussed with the Attorney-General on tabling a motion for the third DS post. As of now, two MPs are running for the vacated DS post, who are MP Pontian, Ahmad Maslan and MP Teluk Intan, Nga Kor Ming.
Revisiting the Parliamentary Services Act:
The Law Minister also alluded that the Parliamentary Service Act 1963 should be revived. It was to ensure parliamentary independence. The statute was repealed back in 1993, but initially introduced in 1963 when Malaysia was born. This statute governs the independence and self-regulation of Parliament to manage their own affairs as borne by article 62 of the Federal Constitution.
However, he did not mention in what way was the independence of Parliament was invaded with the absence of this statute.
A quick research reveals that, after the repeal, all Parliamentary Affairs are designated directly to the Prime Minister’s Department. Expenditures, Staffing and Maintenance must be approved by the Finance Ministry and Public Service Department respectively.
This could return back the spirit of ‘Separation of Powers’, a clear demarcation between the executive, legislative and judiciary.
(1.2) Azalina’s reason for resignation
According to the former DS herself, she states that she tendered her resignation as to allow both the government and opposition to reform the Dewan Rakyat. The country is slowly transitioning into a nation where multilateral cooperation is paving its path, to create a forum for professional competition and collaboration between parties on policies and governance.
She had served the Dewan Rakyat for 13 months. Her resignation could be perceived as an honourable and reputable stance, which reflects the decorum and dignity, not just the DS, but the whole image and reputation of Parliament. She also added that her reason to resign was of her moral conscience, to distinguish between the conflicting responsibilities as a DS and UMNO Supreme Council Member.
According to the law, she resigned after being advised by Azhar under Standing Order 7(3) of the Dewan Rakyat.
(1.3) History of the Deputy Speaker
Historically speaking, this role existed during the mid-19th century as a long-lasting solution to fill in absences of the main or actual Speaker. However, to become a DS, they would have to be the chairman of the Ways and Means Committee. This predates all the way to the 17th century.
The Speaker himself, was regarded as the King’s spy, whereby MPs wanted a person to monitor over financial matters. Consequently, the Committee for Ways and Means was born, where the chair would monitor proposals on tax increment plans
(2.0) Possibility of adding a new DS
According to the Memorandum of Understanding (MoU) on the Political Stability and Transformation between the ruling government and opposition in a pneumatic spirit of bipartisanship, parliamentary reforms is one of the keys to ensure good governance and check and balance inside the legislative chamber.
It was signed by new Prime Minister, Datuk Seri Ismail Sabri Yaakob and opposition party leaders at the Parliament Building. The cooperation was aligned with the decree of the Yang Di-Pertuan Agong (YDPA) Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah in his royal address, during the 4th Session of the 14th Parliament.
The MoU comprises of six main precepts, which are;
(i) Empowering the Covid-19 Plan
(ii) Administrative Transformation
(iii) Rejuvenation of Parliament
(iv) Independence of Judicial Institutions
(v) MA63
(vi) Setting up of a Steering Committee
As part of Rejuvenation of Parliament, this MoU would include increasing more Parliamentary Special Select Committees (SSC) which the author wrote previously here. Additional SSC means more manpower or assistance are required for the Speaker, since Parliament is rigorously becoming more participatory and active.
(3.0) Criticisms
Contemporary claims that adding a third Deputy is not necessary and that two for now is already enough. Since Pengerang MP Azalina Said Othman resigned from the position, someone must take her position.
Also, according to MP Bayan Baru, Sim Tze Tzin questioned what the delay for filling was in the vacated DS post and to table the motion for constitutional amendments. This was because, without filling the DS position promptly, it would thwart down businesses progress on the 12th Malaysia Plan and 2022 Budget which requires heavy involvement from a DS.
One view from, Dean of Ghazali Shafie Graduate School of Government, Universiti Utara Malaysia (UUM), Prof Madya Dr Rusdi Omar states that two DS is enough. In his view, adding a third DS is broad daylight, an act of politicking.
It is to ensure political survivability of the ruling government. Overall, the benefits of a third DS is not proven, and may not necessarily bring for a political truce between the government and opposition.
(4.0) Conclusion
To conclude, there are two side of coins of whether to have an additional third Dewan Rakyat Speaker. One would suggest that it assists in the smoothening of the functions of Parliament and ease its burden, as well as to have a check and balance, whereby the opposition would have a chance to regulate order of businesses. The Parliamentary Service Act 1963 is also in stages of being revived to demarcate the 'separation of powers' between the executive and legislative branch, and enhance the independence of Parliament.
Though, opponents claim that this amendment is just a deception to halt the motion to vacate the current Speakers position and an act of politicking to strengthen the seat and position of the ruling government. It would also be futile, if not positive outcomes were to materialise. Whatever the motives or ideals of an additional third Dewan Rakyat Speaker, postponement of filling the current vacant Dewan Rakyat Speaker should resonate the MoU signed between the opposition and government.
(5.0) References;
Hafiz Hassan. (September, 2021) A Deputy Speaker could have been elected — Hafiz Hassan. Retrieved from, https://www.malaymail.com/news/what-you-think/2021/09/15/a-deputy-speaker-could-have-been-elected-hafiz-hassan/2005668
Minderjeet Kaur. (September, 2021) Motion on deputy speaker’s vacant post suspended. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2021/09/14/motion-on-deputy-speakers-vacant-post-suspended/
Teh Athirah Yusof. (August, 2021) Azalina confirms resignation as deputy speaker, to allow for 'reset' of Dewan Rakyat. Retrieved from, https://www.nst.com.my/news/nation/2021/08/720633/azalina-confirms-resignation-deputy-speaker-allow-reset-dewan-rakyat
Radzi Razak. (September, 2021) Govt to carve new deputy Dewan Rakyat speaker post for Opposition, says law minister. Retrieved from, https://www.malaymail.com/news/malaysia/2021/09/14/govt-to-carve-new-deputy-dewan-rakyat-speaker-post-for-opposition-says-law/2005482
Carvalho, M., Rahimy Rahim, & Fatimah Zainal. (September, 2021) Discussions underway with AGC to initiate reforms, says Wan Junaidi. Retrieved from, https://www.thestar.com.my/news/nation/2021/09/15/discussions-underway-with-agc-to-initiate-reforms-says-wan-junaidi
TheBorneoPostOnline. (September, 2021) Dewan Rakyat sitting held in new political spirit. Retrieved from, https://www.theborneopost.com/2021/09/16/dewan-rakyat-sitting-held-in-new-political-spirit/
Imran Ariff. (September, 2021) It may be coming back, but what is the Parliamentary Services Act? Retrieved from, https://www.freemalaysiatoday.com/category/nation/2021/09/04/it-may-be-coming-back-but-what-is-the-parliamentary-services-act/
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