JULY 6 — Alas, Parliament will reconvene for a special sitting as announced by the Prime Minister’s Office (PMO) in a statement issued yesterday.
According to the PMO statement, the special sitting will be for the purpose of explaining to members of Parliament (MPs) about the National Recovery Plan and amend all laws and regulations to allow for a hybrid proceeding to be held. https://www.malaymail.com/news/malaysia/2021/07/05/pmo-parliament-to-sit-on-july-26/1987343
The Dewan Rakyat will sit for five days from July 26 to July 29 and August 2, while the Dewan Negara will sit for three days from August 3 to August 5.
The sitting will be the Special Meeting of the Third Session of the Fourteenth Parliament (Mesyuarat Khas Penggal Ketiga Parlimen Keempat Belas). It will be the third Special Meeting of Parliament in recent years.
Two Special Meetings had been called by then prime minister Najib Razak under Standing Order 11(3). It was two days to debate a motion to decide on the participation of Malaysia in the Trans-Pacific Partnership Agreement (TPPA) in 2016, while one day was allocated to debate the tragic downing of Malaysian Airlines flight MH17 in 2014.
Now, it will be interesting how the Order Paper for the Special Meeting will look like, given that there will be the explaining of the National Recovery Plan (NRP), the amendments to the laws and regulations to allow for hybrid parliamentary proceedings and, importantly, the laying of the proclamation of Emergency and Emergency ordinances before the Dewan Rakyat.
The last is mandated by Article 150(3) of the Federal Constitution.
There are seven Emergency ordinances, namely (in order of promulgation):
- Emergency (Essential Powers) Ordinance 2021
- Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021
- Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021
- Emergency (Essential Powers) (No. 2) Ordinance 2021
- Emergency (Essential Powers) (Amendment) Ordinance 2021
- Emergency (Offenders Compulsory Attendance) (Amendment) Ordinance 2021
- Emergency (National Trust Fund) (Amendment) Ordinance 2021
So, there is a lot on the plate – so to speak.
Will five days be sufficient? Najib allocated two days for the Dewan Rakyat to debate the TPPA alone.
Will the NRP simply be explained without a debate in the people’s Dewan Rakyat? Importantly, since it is constitutionally mandated, how do you lay or table the proclamation and ordinances?
It is humbly submitted that based on the case of Inspector-General of Police & Anor v Lee Kim Hoong [1979], the requirement that Emergency ordinances “shall be laid before both Houses of Parliament” is not only mandatory but the effect of non-compliance is that the Emergency ordinance will cease to have effect after Parliament has sat. This was the decision of the presiding High Court judge, Justice Harun.
On appeal, the Federal Court did not hold that Justice Harun erred in his decision above. As a matter of fact, the Federal Court’s finding of facts in that case reinforces Justice Harun’s decision – that is, it is mandatory for any ordinance promulgated under Article 150(2B) to be laid before both Houses of Parliament.
The effect of non-compliance is that the Emergency ordinance will cease to have the force of law after Parliament has sat. https://www.malaymail.com/news/what-you-think/2021/06/29/the-emergency-is-expiring-and-emergency-ordinances-will-cease-to-have-force/1985723
One, therefore, has to read Article 150(7) together with Justice Harun’s decision. Article 157(7) allows Emergency ordinances to continue to have the force of law for six months after a proclamation of Emergency ceases to be in force. If read with Justice Harun’s decision, the six months should be the case if Parliament has not sat.
The above is supported by parliamentary practice. When the Thirteenth Parliament was convened in 1971, twenty-one months after the 1969 proclamation of Emergency, the provisions in some of the Emergency ordinances that were promulgated during the Emergency rule, were presented to the Dewan Rakyat in a Bill of Parliament.
In other words, if the Emergency laws as provided in the ordinances were to continue to have the force of law, they will have to be laid in a Bill and be subject to the full legislative process: First Reading, Second Reading and Third Reading.
It is not law passed by Parliament if Parliament does not exercise its legislative power as mandated by Article 66 (on Legislative Procedure) as well as in accordance with the Standing Orders (Nos. 48, 53 and 61 on First, Second and Third Readings respectively).
The government may not put its NRP to a debate in Parliament, but there is no turning away from parliamentary debates on the Emergency ordinances.
It is therefore understandable that MPs have expressed concerns over the five-day sitting of the Dewan Rakyat.
Given that the Emergency ordinances have to be laid or tabled anew as Bills of Parliament, is five days sufficient?
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.
