Bills get through unscathed

STAR, December 21, 2008

DESPITE the lack of a two-thirds majority, Barisan Nasional managed to get two reform Bills on corruption and the judiciary passed without a single amendment.

The Malaysian Anti-Corruption Commission (MACC) and the Judicial Appointments Commis–sion (JAC) Bills were a culmination of Prime Minister Datuk Seri Abdullah Ahmad Badawi’s efforts to bring reforms to the important institutions.

His seriousness in getting the reform packages passed was apparent when he and not the Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz read the titles of the two Bills. Abdullah even sat through the four days of debates.

Credit must also be given to Nazri, the de facto law minister, for getting things together to get the Bills passed.

Barisan MPs and observers agreed that Nazri did a good job to fight off the constant flow of criticisms and attempts from Pakatan Rakyat MPs to insert new amendments and changes to the Bills.

Opposition MPs were concerned over the independence of the MACC since it will not have any power to prosecute. They said the Attorney General had featured prominently in the Bill. The MACC is a version of Hong Kong’s respected Independent Commission Against Corruption.

Nazri replied the MACC would not be placed under Parliament, as Lim Kit Siang (DAP - Ipoh Timur) had demanded, since there might be a possibility of favouritism should an MP be charged with corruption.

“Since the ACA (Anti Corruption Agency) was formed, it has never been the case to place it under Parliament,” he added.

Nazri said MPs would still have a say in the Special Committee on Corruption that would look into problems regarding the investigation of corruption cases.

On the suggestion that prosecution powers be placed under the chief commissioner of the MACC, Nazri said the Federal Constitution would have to be amended to allow changes to the Attorney-General’s powers.

“To put it (MACC) under Parl–iament is not an option,” he stres–sed.

Datuk Tajuddin Abd Rahman (BN - Pasir Salak) said a certain level of authority must be vested with the Prime Minister over the MACC to ensure smooth running of the country’s administration.

Lim and R. Sivarasa (PKR - Subang) submitted their own amendments to the Bill but the effort failed when it was put to a vote later.

The heat was also turned up during the debate on the JAC, which has been tasked with upholding the independence of the judiciary in appointing the judges.

Nazri said the JAC would only be involved in the selection of candidates and it could stand on its own without the need to amend the Constitution.

Sivarasa argued that it didn’t matter if the JAC is formed because the Prime Minister’s name has been mentioned many times in the Bill, hence his dominant role in the appointments.

Nazri replied that under the JAC, the judges would be recommended by nine commissioners for the Prime Minister to consider. Under the present system. the chief justice alone provides the names to the Prime Minister.

Throughout the debates, Pakatan Rakyat MPs were seen trying to plan strategies to win arguments against the two Bills.

Anwar was seen walking along the Pakatan bench to talk to fellow MPs, especially those armed with legal knowledge to rebut the Government’s points.

The House adjourned sine die on Thursday after the conclusion of the third meeting of the 12th Parliament, which started on Oct 13.

The debates on the Witness Protection Bill and the Judges’ Ethics Committee Bill were deferred to next year’s sitting when the Special Complaints Commission Bill would also be tabled.