MyConstitution: Making the law

Malay Mail
 

Rakyat Guides 4 - Part 2

LAST WEEK, we were introduced to the Parliament and what it was all about. This second part of the fourth Rakyat Guides will now describe the procedures of how law is made by Parliament, how it controls the way the country’s money is spent and lists down frequently asked questions on related issues.

How is a law made by Parliament?

The laws made by Parliament are called 'Statutes' or 'Acts'. A law begins with a Bill (a proposed or draft Act). A Bill could come from a Ministry or from a member of Parliment (MP) or Senator (this is called 'sponsoring' a Bill). That Bill then needs to be introduced in Parliament. This is called 'tabling a Bill'.

A Bill can first be tabled either before the Dewan Rakyat or Dewan Negara. After the Bill is tabled in one House, it must be tabled in the other House.

Bills that deal mainly with money (for example taxes and using money from the Consolidated Fund) must be tabled by a Cabinet Minister and must first be tabled in the Dewan Rakyat. These Bills are called 'Money Bills'.

Under the Standing Orders, a Bill goes through three readings in each House. For example, if a Bill is first tabled in the Dewan Rakyat, this is what happens:

● First Reading: The Minister or MP proposing the Bill introduces it. In practice, there is no actual reading of the Bill, and it is assumed that everyone has read the Bill.

● Second Reading: The Dewan Rakyat discusses and debates the Bill. This is when other MPs can seek explanations on the Bill, propose amendments to the Bill or oppose the Bill.

● Third Reading: The Minister or MP proposing the Bill submits the Bill to a vote. If more than half of the MPs who are present and voting (or two-thirds of the total number of MPs in certain cases) approve the Bill, the Bill is 'passed'. The Bill is then sent to the Dewan Negara where three readings also take place.

If the Bill passes, it is presented to the Yang di-Pertuan Agong for approval, which must be given within 30 days. The king’s approval is called the royal assent. If he does not assent within 30 days, the Bill automatically becomes an Act.

Some types of Bills need the consent or other bodies before they can become law. For example:

● The consent of the Conference of Rulers is needed for any amendment to Article 152 (national language) and Article 153 (special position of the Malays and the natives of Sabah and Sarawak).

● The consent of the Yang di-Pertua Negeri of Sabah or Sarawak is needed for any constitutional amendment affecting Sabah and Sarawak.

● The consent of the State Legislative Assemblies is needed for some Acts of Parliament to operate in the States. We have discussed this in the Rakyat Guides 3: Federal-State Relations.

What happens if the Dewan Negara does not pass a Bill that has been proposed and passed by the Dewan Rakyat?

A Bill that has been proposed and passed by the Dewan Rakyat will still become law even if the Dewan Negara does not pass the Bill.

For Money Bills, the Dewan Rakyat can present the Bill to the Agong for the royal assent if Dewan Negara does not pass the Bill within one month of being presented with the Bill.

For non-Money Bills, if the Dewan Negara does not pass the Bill the first time it is presented, then after one year, the Dewan Rakyat can pass the Bill again and send it to the Dewan Negara to be passed. This time, if the Dewan Negara does not pass the Bill within one month after it is presented, the Dewan Rakyat can present the Bill to the king for the royal assent.

What happens if the Dewan Rakyat does not pass a Bill that has been proposed and passed by the Dewan Negara?

A Bill proposed and passed by the Dewan Negara cannot become law unless it is passed by the Dewan Rakyat. This means that all Bills must be passed by the Dewan Rakyat to become law.

How does Parliament control how the country’s money is spent?

If money from the Consolidated Fund is to be used by the Government, it must first be approved by Parliament.

The Dewan Rakyat has also set up a special committee called the Public Accounts Committee (PAC), which is made up of MPs. The PAC reviews the spending of money by the Government. The PAC conducts these reviews either on its own, or when directed by the Dewan Rakyat, or when it receives complaints from the public.

After conducting its review, the PAC can make recommendations to the Government and to the Parliament to take further action.

How does Parliament oversee how the Government runs the country or discuss the concerns faced by Malaysians?

In every parliamentary session, there is a daily “Question Time” when MPs and Senators can question Ministers and civil servants. During Question Time, MPs and Senators can raise public concerns and ask for explanations about the actions of the Government and the running of ministries and government departments.

In the Dewan Rakyat, MPs can also ask the Speaker for permission to debate matters of urgent public importance. If permission is granted and the matter is debated, the Dewan Rakyat can pass a resolution for the Government to take action on the matter.

What is Parliamentary immunity?

Parliamentary immunity means that how members of Parliament vote and what they say or is published in proceedings in Parliament cannot be reviewed or questioned by the Courts. Whether parliamentary proceedings are valid also cannot be reviewed by the Courts. This allows MPs and Senators to speak freely on all matters without the threat of arrest or of legal proceedings being brought against them.

However, there are some limits to parliamentary immunity. For example, there is no immunity when an MP or Senator talks about citizenship, the special position of the Malays and the natives of Sabah and Sarawak or the Malay language.