THE government will hold further discussions with relevant stakeholders following concerns raised over proposed amendments to the Prison Act 1995, particularly involving a provision related to “protection”, Home Minister Datuk Seri Saifuddin Nasution Ismail said.
Speaking to reporters after the Home Ministry’s monthly assembly on Monday, Saifuddin said the proposed amendments had been referred to parliamentary select committees for further review, while the government would continue engaging with interested parties to provide clarification.
He said the term “protection” in the amendments had raised concerns among some non-governmental organisations and Members of Parliament, who interpreted it as potentially giving the Prisons Department immunity from legal proceedings.
“Some NGOs and Members of Parliament believe this means the Prisons Department will be free from the law.
“For example, a department director being subjected to legal action after a convict is caned and passes away,” he said.
Saifuddin explained that prison authorities were merely carrying out court orders and that safeguards were already in place during enforcement procedures.
“We know in this situation, a doctor will always be present to check, and the department is only carrying out the orders of the courts.
“So, in this situation, I feel there is a need for amendments to be made,” he said.
He stressed that the proposed changes were not intended to provide blanket immunity or prevent accountability for wrongdoing.
“For example, when Suhakam investigated a case in the prison in Kamunting, a police investigation paper was prepared and internal action was taken, while legal action was also pursued. This demonstrates that there was absolutely no intention to seek immunity,” he said.
Saifuddin reiterated that prison officers would remain subject to legal action in cases involving negligence or violations of the law.
“Prison officers remain subject to legal action if negligence or any violation occurs,” he said.
He added that similar protection-related provisions existed in other legislation and that the engagement process was necessary to ensure all parties understood the intent behind the proposed amendments.
“We will continue the engagement sessions to provide explanations to all stakeholders, because what I want to point out is that it is not only the Prison Act; many other Acts in our country also contain similar provisions,” he said.
On June 25, Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah told the Dewan Rakyat that the government had agreed to refer the Prison (Amendment) Bill 2026 back to the Parliamentary Special Select Committees on Security and on Human Rights, Elections and Institutional Reform before further proceedings. - July 27, 2026
