In 2011, Malaysians were promised by the Najib
Abdul Razak administration that there will be “functional and inclusive
democracy”, which he solemnly declared in his Malaysia Day message.
However, making the Parliament function and inclusive is an uphill task
and only rarely exciting. One such rare instance was the Parliamentary
Select Committee on the Penal Code and Criminal Procedure Code in 2004,
where parliamentarians went round the country soliciting views and
debating with the public.
The other time was by the Select Committee on National Unity and
National Service. Since 2004, we have not experienced any such
consultations.
There are many issues of concern surrounding the Parliament and not
surprisingly, people have lost faith in the process of law and policy
making.

In
a study carried out by Ngeow Yeok Meng, et al on ‘Politeness and Ethnic
Sensitivities in the Malaysian Parliament’ (2008), she found that out
of 222 MPs, 5 percent or 10 MPs were found to be involved in using
negative remarks to attack others or to defend themselves, with
name-calling using animals such as pigs and snakes or adjectives like
“biadap” (rude) and so forth. Not to mention unchecked sexist remarks by
parliamentarians such as Bung Moktar Radin.
The larger assault to parliamentary democracy other than name-calling is
of course the deliberate acts to silence debates, making one wonders
what is still left of democracy in the Parliament.
Recently, N Surendran (Padang Serai) and Fuziah Saleh (Kuantan) were
slapped with six-month suspensions for simply questioning the speaker’s
decision. Their suspension was not given sufficient time for Parliament
to debate but rushed through by the speaker.
In 2011, the passing of the Peaceful Assembly Act was completed within
seven days of its introduction. The opposition MPs walked out in protest
at the limited time allowance for debate on the amendments to the bill.
We also have a situation where, within one day, eight bills were rushed
through on April 19, 2011, including crucial bills like the Election
Offences (Amendment) Bill 2012, Universities and University Colleges
(Amendment) Bill 2012, and Printing Presses and Publications (Amendment)
(PPPA) Bill 2012.
As a result of bad law-making, students and academicians are now taken
to task, suspended or persuaded to even take early retirement for
expressing views deemed to be anti-government. Also, the PPPA still
hovers over media companies’ existence with avenues remain closed for
constructive amendments.
All these are but symptoms of an executive-controlled Parliament, with
powerful and unelected (i.e., unpunishable by voters) speaker, partisan
and arbitrary agenda setting, last-minute tabling of bills, inadequate
debate time, unanswered or poorly answered parliamentary questions, no
room for non-governmental business, insufficient resource support for
MPs, and last but not least, lack of public consultation, access and
participation in legislative processes.
Now, what “functional and inclusive democracy”, if we do not even have a
functional and inclusive parliament? And, if the August House is but a
rubber-stamp of the executive?
Urgent need for reform and public confidence-building
Parliamentary reforms need to happen to restore public confidence. It
will restore effective legislative function, give MPs a more meaningful
space to debate and counter-propose in the formation of laws and public
policies, allow for public feedbacks as well as to ensure we truly have a
working, “functional and inclusive” parliament.
Bersih 2.0 and like-minded civil society groups are now working on a
comprehensive agenda on parliamentary reform. We would like to invite
all concerned members of the public to share with us their knowledge and
insights. Here are some of the issues we are looking into.
1. Reform of speaker’s power
The speaker and deputy speakers now enjoy unchecked power and their
partial decisions confirm their representation of the interests of only
one coalition, and not the entire Parliament. To make matters worse, the
speaker is not even an elected parliamentarian so much so he can never
be punished by voters!
Hence, it is timely to review the Standing Order that govern the
day-to-day running and rules of debates in Parliament, the discipline
and code of conduct of MPs, and public businesses.
2. Non-governmental business
In place of the speaker and his deputies’ unquestionable discretion,
there must be a bi-party or multiparty mechanism to set the agenda of
the House. The parliamentary session now is exclusively occupied by
governmental business such as bills tabled by ministers, leaving no room
for non-governmental businesses.
Reforms must take place for government backbenchers and opposition
parliamentarians must be able to push their agenda. These include (a)
greater priority to private members’ bills to ensure they are debated;
(b) “voting by division” on every bill and conscience voting so that MPs
can take individual positions and not be held back by party whips; (c)
recognition and access to ministerial information for shadow cabinet;
and (d) “opposition week” for the opposition to raise issues.
3. Ample time for questioning and debates
Time allocation must be reasonable that it is not used as a convenient
excuse to bury the opposition or backbench questions. To begin with,
question time should be extended to ensure a maximum number of questions
- especially the difficult ones - get to be answered orally. There
should also be Prime Minister’s Question (PMQ) Time so that the prime
minister can be scrunitised and grilled by opposition MPs and government
backbenchers.

For
tabling of bills, MPs must be given ample time to study the bills and
prepare for the debates by way of stakeholder consultation amongst
others. Only then, parliamentarians can play the role of lawmakers to
propose amendments when necessary and not just be reduced to the
rubber-stamp of the Attorney General’s Chambers (AGC), which is now the
de facto lawmaking body.
This would mean more days that the Parliament should convened in a
year. In 2012, the Dewan Rakyat met for 68 days or precisely 560 hours
58 minutes. Divided by 222 MPs, on an average an MP had only 2 hours 31
minutes 37 seconds to speak and be heard of the entire year in 2012.
This also comes back to the size of the Parliament. The more MPs, then
the less time each of them can speak, and they are more inclined to go
for their 15 minutes of fame rather than deliberating on laws and
policies substantially.
4. Parliamentary committees
Modern Parliaments set up standing and select committees to facilitate
division of labour amongst MPs. This is however under-utilised in the
Malaysian Parliament, and most members of the public have probably only
heard of one standing committee, the Public Accounts Committee.
With members from across parties, standing committees can be set up to
monitor ministerial business or to formulate specific laws or policies.
One important advantage of such committees is that they facilitate
public access and participation in the legislative and
policy-formulation process through mechanisms like hearings, making the
political system more consultative.
5. Research support for MPs
MPs are usually left to their device to carry out their own law and
policy researches with little or no support in terms of staff and
availability of data or information. A handful of Parliament staff are
allocated and shared by 222 parliamentarians and this limits building
substantive debates that could happen. Budgets need to be set aside to
build capacity and support from resource staff.
Parliamentary reform hand-in-hand with electoral reform
At the end of the day, what we really need is an institutional reform of
Parliament so as to rebuild it to represent the democracy that we want.
The problem will not get fixed even if we see a change of government.
This requires political will, not just from the political parties, but
also from the public. Parliamentary reform must be seen as an
inseparable extension to electoral reform.
Really, what is the point of fighting for free and fair elections if
that would only deliver us dysfunctional parliament and legislatures?
MARIA CHIN ABDULLAH is the chairperson for the Coalition for Free and
Fair Elections 2.0 (Bersih 2.0) and the executive director of Empower.
She believes politicians are bad masters if not made good servants
through free, fair and competitive elections. Bersih 2.0 is having a
fund raising dinner to support its work on free and fair elections. More
information
here.