JANUARY 1 — A memorandum on Parliament transformation has reportedly been handed over to Prime Minister Anwar Ibrahim jointly by Dewan Negara President Rais Yatim and Dewan Rakyat Speaker Datuk Johari Abdul.
According to a Bernama report, the Parliamentary Transformation Committee chaired by Rais over the past year has completed the legislative review work towards making Parliament independent from the interests and powers of any party, including the executive.
The handing over of the memorandum should set the agenda for 2023.
In “Parliament Service Commission among first of institutional reforms”, I suggested that Parliament presents the first opportunity for institutional reforms and the Parliamentary Services Act 1963 should be re-established.
The Act established the Parliamentary Service with offices of the Clerk to the Dewan Negara and Clerk to the Dewan Rakyat and of other members of the staff of both Houses.
The Act also established the Parliamentary Service Advisory Committee, which was co-chaired by the Dewan Negara President and the Dewan Rakyat Speaker.
The Parliamentary Service has been abolished by the repeal of the Act vide the Constitution (Amendment) Act 1992 (Act A837). With the abolishment, the Speaker is no longer the co-chair of the Committee, and therefore should vacate the office of the Speaker.
The Speaker, however, remains in office by reason of Section 28 of the Houses of Parliament (Privileges and Powers) Act 1952 which states as follows:
“For the purposes of this Act, the person who fills the office of President of the Senate or Speaker of the House of Representatives, as the case may be, at the time of prorogation or dissolution of Parliament shall be deemed to be the President [or Speaker] until Parliament is again summoned or until another person has been chosen to be President of the Senate or Speaker of the House of Representatives, as the case may be, in accordance with Article 56 or 57 of the Federal Constitution.”
It may be argued that the above is limited to the role of the Speaker for “the purposes of the Act” — that is, “relating to the powers and privileges of the Houses of Parliament, freedom of speech and debate or proceedings in such Houses and protection to persons employed in the publication of papers of such Houses.”
Accordingly, the Parliamentary Service has got to be re-established. Even better if a Parliamentary Service Commission is established.
The memorandum must be Parliament’s New Year greetings and wishes for 2023.
Happy New Year and Best Wishes for 2023.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.
