KUCHING, June 24: The Perikatan Nasional (PN) government is not concerned about the motion of no-confidence against reconvening Parliment, but is analysing how to reconvene it safely and effectively without spreading Covid-19.
This is the view of Santubong MP Datuk Seri Wan Junaidi Tuanku Jaafar, who expressed relief that UMNO and Barisan Nasional (BN) were taking a similar stand as the PN government to set aside politics and address only the damage brought about by Covid-19 and the subsequent impact on the pubic when Parliament reconvenes.
To him, the issue faced by the government with regards to Parliament “is not about the motion of no confidence, but on the question of how to organise a meeting at the time when the Movement Control Order for Covid-19 is still being enforced and imposed by the Ministry of Health (MoH) and National Security Council (MKN).”
He said currently, the government, on the advice of MoH, is not to hold any physical face to face meetings; all meetings are to be conducted online.
“Therefore, if there is any Parliamentary meeting, it must also follow the same rules – conforming to SOPs (standard operating procedures) set by MoH. If that is so, then Parliament has to come up with the solution on how to amend the Standing Orders and Rules to accommodate the virtual sitting requirements,” said Wan Junaidi in a statement today.
Wan Junaidi who is also Entrepreneur Development and Cooperative Minister said presently there are 220 MPs following the deaths of two lawmakers and the chamber is unable to cater for all of them due to the SOPs.
He held that distributing the 220 MPs in the Chamber and outside of it may be able to meet MoH requirements, but it would be questionable because the Standing Orders enacted in 1956 and amended in 1959 do not have provisions for teleconferencing and modern technology accommodation.
“Now we talk about the MPs’ immunity in debates and discussions in the Chamber under Article 63 of Federal Constitution, which, according to conventional practice, the MPs are to be in the Chamber. Remember the oft quoted statement, ‘…. If you dare repeat what you say in the lobby…’ on defamatory matters.
“This is a clear indication that only those debating and discussing in the Chamber are protected. So what happens to those who are outside the Chamber? If they are not protected then we have two classes of MPs in Parliament, one group in the Chamber are protected under Article 63 and the others outside the chamber are not, how can it be done?”
He further pointed out that Article 62 (5) stipulates that MPs who are not in the Chamber could not vote. In this case, then Article 62 (5) has to be amended and amendment of the constitution requires two-thirds majority.
“That is why, under the present Covid-19 circumstances and MoH SOP requirements, the Parliament Select Committee on Standing Orders and Rules has to convene to review the Standing Orders and Rules and make necessary amendments to accommodate the requirements as I said in three main areas — seating arrangement, the right to speak and the immunity under Article 63 so that the MPs have equal protection under the law as the member of the house, and to design arrangement for voting in case where decision requires such voting,” said Wan Junaidi.
He said once the committee agrees on the kind of meeting, whether physical or virtual or hybrid, then the committee will have to tell the government on the infrastructure to be arranged.
“Suppose the Committee decides on the virtual or hybrid. They have to propose the amendment to Standing Orders and Rules which is quite voluminous.
“These proposed amendments have to be submitted to the Attorney General’s office to enact, like the amendment of any other laws. Once the amendments are made, the new orders and rules will be tabled at Dewan Rakyat for the Dewan’s approval and endorsement. Once the New Standing Orders and Rules are passed by Dewan then Parliament can meet.”
The other aspect, Wan Junaidi pointed out is the MPs’ entitlement to transportation, accommodation and allowance during meeting.
Due to restriction and quarantine orders, many MPs have to be at home, in their respective states or elsewhere.
“Under the present set of laws, statute or orders, they could not claim those rights, because under the present sets of laws, statutes and orders, they must be at the Parliament building. Those (the laws, statutes and orders) also requires amendment or adjustment. Parliament is also subject to Auditor General’s scrutiny and auditing. All those relevant laws, statutes and orders also needed to be amended.
He said only once all these amendments and arrangements are made, then the Speaker will discuss with the Leader of the House, that is, the prime minister to decide on the date because under Rule 11 of the Standing Orders and Rules, the Leader of the House fixes the date after receiving the titah from the Agong to meet.
“That was why I questioned before —‘how to rush Parliament?’. Though parliament has the right to regulate its own internal affairs, but it should not be seen to abandon its own laws and Standing Orders blatantly. So, we have to give time for Parliament to come up with ways to overcome the problem. — DayakDaily
