APRIL 8 — “Yes it has been deferred,” said de facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar. 

He was referring to the Bill on Anti-Party Hopping and Limiting the Tenure of the Prime Minister which was supposed to be tabled on April 11.

Junaidi was reported as saying that the government needed more time to deliberate the definition of “party-hopping”. 

Datuk Seri Wan Junaidi Tuanku Jaafar in Parliament, March 24, 2022. — Bernama pic
Datuk Seri Wan Junaidi Tuanku Jaafar in Parliament, March 24, 2022. — Bernama pic

With due respect, the government could have just proceeded with tabling the Bill and let Parliament deliberate on the definition of “party-hopping.”

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One has to appreciate that law-making is a process.

The legislative process is set out in Chapter 5, Part IV of the Federal Constitution and in the Standing Orders of both the Dewan Rakyat and Dewan Negara.

It begins with a proposal, otherwise also known as a Bill. All Bills must pass through four (4) stages in both the lower house (Dewan Rakyat) and the upper house (Dewan Negara) before being presented for the Royal Assent.

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In brief, the 4 stages are:

·         First Reading, where the title of the Bill is formally read out and a date set for its second reading. It is then printed and published.

·         Second Reading, where the minister in charge explains the purpose of the Bill and a debate on its general principles follows. This is the critical stage - a vote may be taken on the Bill’s merit and if it survives any vote, it passes to the Committee stage.

·         Committee Stage, where the Bill is passed to a Standing Committee whose job is to consider the provisions of the Bill (clause by clause) in detail. Any amendments are voted on.

·         Third Reading, where the Bill is debated again in general terms. Only minor verbal amendments can be made here. If the Dewan Rakyat votes in favour of it, the Bill proceeds to the Dewan Negara.

At the end of the Second Reading, most Bills are automatically referred to the Committee of the Whole House, without the necessity of a motion. Though rare in our Parliament, a Bill may be referred to an ad hoc Parliamentary Select Committee (PSC) to consider Bills. This occurs when the Dewan Rakyat agrees to a motion to that effect, moved by any member after the Second Reading.

Reference to the PSC allows a Bill to be scrutinised, especially if the Bill is complex, controversial or has wide-ranging impact. It also enables the details of the Bill to be discussed in a less formal manner but in a definite order, where each and every clause (in the order in which they appear), and schedules and preamble (if any) will be reviewed.

Parliament is therefore well placed and well ordained to deliberate on what constitutes “party-hopping.”

According to latest reports, negotiations are ongoing between government and Opposition lawmakers to reach an agreement on several key points. Both sides seem to need more time to deliberate. 

But deliberations could be done by the PSC. Otherwise, deliberation could be undertaken by the Parliamentary Special Select Committee (PSSC) on Agencies Under the Prime Minister’s Department.

When there were no parliamentary select committees, lawmakers clamoured for them. Now that there is one, let it deliberate and scrutinise the Bill.

If the PSSC on Health, Science and Innovation is scrutinising the proposed Tobacco and Smoking Control Bill, why can’t the PSSC on Agencies Under the Prime Minister’s Department? 

Let Parliament deliberate and scrutinise the Bill, including on the definition of “party-hopping.”

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.