JULY 23 ― The Parliamentary Business of the Special Meeting of the Third Session Of Fourteenth Parliament 2021 ― that is, the Agenda ― as published on the Official Portal of Parliament of Malaysia says it all: it will be a five-day session of ministerial statements. (see Dewan Rakyat Calendar for 2021)
But, according to Communications and Multimedia Minister Datuk Saifuddin Abdullah, MPs can intervene to ask questions, and even debate, during the five-day special sitting from July 26.
“The term 'penerangan' means the minister will provide an explanation on a certain matter and as far as I know, the standing orders allow members of parliament to intervene and ask (questions) … It does not mean that one minister speaks and the others only listen,” said Saifuddin.
Standing Order 21(1) does allow questions to be put to Ministers relating to (a) affairs within their official functions; or (b) a Bill, motion or other public matter connected with the business of the House for which such Minister is responsible.
MPs need to be mindful though that the proper object of a question is to obtain information on a matter of fact within the special cognisance of the Minister ― Standing order 21(2).
Further, MPs need to be mindful that a question cannot be asked without notice unless the Speaker is of the opinion that it is of an urgent character and relates either to a matter of public importance or to the arrangement of public business, and the MP has obtained the permission of the Speaker to ask it ― Standing Order 22(1).
The requirements on notice of question are stated further in Standing Order 22(2)-(5).
Importantly, questions must conform to the rules elaborated in Standing Order 23(1)(a)-(s) ― that’s 19 rules in all. Two of these are of interest, namely: a question must not contain any argument, interference or opinion; and a question must not be asked for the purpose of obtaining an expression of opinion or the answer to a hypothetical proposition.
Standing Order 24A has a further rule of interest: a question must not be debated.
Now if as Saifuddin said, it is up to the Speaker to allow time for an explanation of the Minister on a certain matter to be debated, would the Speaker bend the rules on questions in the House?
It remains to be seen if the Speaker would allow debates on the ministerial statements in the House.
Should MPs second guess if they would be allowed to debate on the ministerial statements?
