(1.0) Introduction
The Society Empowerment and Economic Development of Sabah (Seeds) states that there should be parliamentary reforms and inclusiveness. It dawns upon the new Prime Minister, Datuk Seri Ismail Sabri Yaakob to cooperate together with the opposition to establish a clear approach towards a firm political coaction to curb the spread of Covid-19 and its detrimental impact on the economy.
They suggested that a 'Confidence and Supply Agreement' (CSA) and to invite the opposition to be part of the Parliamentary Select Committees (PSC) is one way to promote a convenient and outreaching political environment, to restore trust to the government from the people. The CSA was actually invited by the previous Prime Minister, Tan Sri Mahiaddin Yassin, but was too late until he resigned.
The PSC would have to comprise of a mixture of members from the government and opposition bench. This rooted from the fact that, covid-19 measures and its strategies adopted by the government lacked participation from the opposition and civil society. It is somewhat similar to a shadow cabinet, which you may read about here.
A particular Special Select Committee (SSC) for the rights of Sabah and Sarawak Affairs, under the Malaysia Agreement 1963 (MA63) were also mooted. In the meantime, Ismail Sabri also offered the opposition to be members of the National Recovery Council.
(2.0) What is Parliament Select Committee?
Parliamentary Select Committees (PSC) in general is a term defined as to refer to all types of select committees, including Standing Select Committees and Special Select Committees. This system originates from the Westminster system of Parliamentary Democracy. This would guarantee check an balance for practices in each governmental departments.
In the meantime, they would also provide their views and scrutinise on economic, public policy and social issues. They call and question witnesses in an inquiry, produce their findings in reports and submit it to Parliament.
This is similar to what our court jurisdiction defines it as, in the case of Teng Chang Khim (Chairman of Select Commitee on Competence, Accountability and Transparency and Chairman of Commitee of Privilege Selangor State Assembly) & Ors v Dato' Raja Ideris bin Raja Ahmad & Ors [2014] 4 MLJ 12 that referred to Erkine May Parliamentary Practice, (23rd Ed), pp 738–746.
In general practice, PSC are able to compel people to answer questions. Their codified functions are provided under the Standing Orders of the Dewan Rakyat (SO) which will be explained in another sub-heading below.
For the Special Select Committees (SSC) is when a select committee is established on an ad-hoc basis. They are constituted to investigate specific matters. After the consultation of investigations, they cease to exist.
The basic gist is that, however, PSC only make recommendations about the issues in Parliament. Their recommendations are not legally binding. This enables flexibility as whole. This means that, the executive are free to dictate the laws to be passed without interference from the PSC.
Despite it being persuasive, it becomes more persuasive if strong and prominent individuals are members of the PSC. In Britain for instance, PSC has been a part of their Parliament since the 1970s. Bills are drafted with greater outcome if stakeholders are involved, hence they glean strong influence in legislative decisions regardless.
(2.1) Where do they have the legitimacy from?
According to the Standing Orders of Dewan Rakyat (SO), the provisions governing PSC are between Order 76 to 100. However, the SO already provided the specific Select Committees such as the 'Public Accounts Committee, Standing Orders Committee, House Committee and Committee of Privileges' (Informally Standing Committees). Hence under Order 81(1), a new PSC known as a Special Select Committee could be formed.
Also, Order 88A(1) of SO, states that the House may appoint any other Committee, which is not a Select Committee, to carry out such matter as the House may from time to time refer to it. They would provide their opinion, oral or other evidence to determine the expediency of a Bill in a legislative process.
The functions of the Select Committee are wide under the SO if expressly provided, according to Order 76(1) of SO. Most of their roles are when Bills are to be committed to them (Order 50(4) of SO) and have it referred to them as well, through a motion (also includes motion to establish the Select Committee).
Since Select Committees are under the Standing Orders of Dewan Rakyat, it is not under the purview of the judiciary, so no judicial precedent is established to interpret any or at all of the Orders. The only applicable so-called precedents are the conventions to supplement the Standing Orders.
Citing (Lord Coleridge CJ in Bradlaugh v Gossett). The rule, indeed, is reflected in the Bill of Rights 1688, art 9, s I;
"That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any … place out of Parliament."
(2.2) New Reforms
According to Dewan Rakyat Speaker, Datuk Azhar Azizan Harun, a bipartisan select committee is a fusion of being private and specialised. It will cater to discuss on important issues in depth, without the influences of politicking. This ensure check and balance by having participation from both the government and opposition.
He added that, PSC has the power to call ministers, civil servants so that they would answer any inquiries. In Parliament, he made reforms to include equal speaking or debating time, for both government and opposition MPs.
Apart from that, there are several recommendations that could be made to reform the PSC. Since the Standing Orders consist of the already codified Standing Committees, more and new SSC should be established, to investigate and inquire on legislative process and policies linked to each ministries and ministers of their respective portfolios.
It was also suggested that apart from the MA63 Special Select Committee, a SSC for constitutional issues should also be involved to oversee and monitor the legislative process of tabling a Bill and passing or voting for it to become a law.
(3.0) Conclusion
To conclude, having Parliamentary Select Committee deriving its powers from the Standing Order of Dewan Rakyat, ensures the check and balance inside Parliament. They are able to investigate and question legislative actions or Bills when presented during the readings of Parliament, as well as express opinions orally or in reports, not just on legal aspects, but matters related to the society, economy and public policy at large.
It is suggested that more Special Select Committees (SSC) are formed to cater to varying issues at stake. Each governmental department and ministries must have their own SSC so that they could offer their views and criticisms about what the government of the day is doing, therefore strengthen transparency and integrity.
SSC established that focuses on national interests, such as MA63 and constitutional issues as well as other recommended topics should be encouraged. Also, the government's initiative to include memberships from opposition members to be involved in the SSC stimulates discourses and disagreements, which nurtures an environment that is able to view issues on two-sides.
During this arduous time of the Covid-19 pandemic, it is axiomatic to have all parties involved as to cooperate and assist one another to improve and mitigate the situation, economically and socially.
(4.0) References;
Muguntan Vanar. (August, 2021) Seeds: Parliamentary reforms the way forward for Malaysia. Retrieved from, https://www.thestar.com.my/news/nation/2021/08/28/seeds-parliamentary-reforms-the-way-forward-for-malaysia
MalayMail. (September, 2021) Dewan Rakyat Speaker wants to empower parliamentary special select committee. Retrieved from, https://www.malaymail.com/news/malaysia/2021/09/11/dewan-rakyat-speaker-wants-to-empower-parliamentary-special-select-committe/2004723
Office of YB Wong Chen. (n.d) STANDING COMMITTEES FOR A NEW MALAYSIA. Retrieved from, https://www.wongchen.com/wp-content/uploads/2014/03/Standing-Committee-full.pdf
Standing Orders of Dewan Rakyat. Retrieved from, https://www.parlimen.gov.my/images/webuser/peraturan_mesyuarat/PMDR-eng.pdf
CPPS Fact Sheet: Parliament Select Committees (PSC). Retrieved from, https://nanopdf.com/queue/cpps-fact-sheet-parliament-select-committees-psc_pdf?queue_id=-1&x=1632050335&z=MjAwMTpkMDg6ZDc6ZjVmMTpjMWQyOmQxYjA6YjA3MTo1YTNh
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