Malaysia

‘Perikatan may use emergency laws to avoid passing Budget 2022’

Pasir Pinji rep says though Parliament will sit soon, it remains to be seen whether govt will allow debates of national importance

Updated 5 years ago · Published on 04 Jul 2021 8:00AM

‘Perikatan may use emergency laws to avoid passing Budget 2022’
Under the Emergency (Essential Powers) (Amendment) Ordinance 2021, the treasury, menteris besar and chief ministers are awarded powers to approve government expenditure by sidestepping any previous legislative procedure. – AFP pic, July 4, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Putrajaya may have agreed to let Parliament sit this month, but Pasir Pinji assemblyman Howard Lee believes that the Perikatan Nasional administration may use existing emergency ordinances to circumvent passing Budget 2022.

Lee pointed out that under the Emergency (Essential Powers) (Amendment) Ordinance 2021, the treasury, menteris besar and chief ministers are awarded powers to approve government expenditure by sidestepping any previous legislative procedure.

“The question is: will the government continue to use these powers after August 1?” he asked during a conversation with The Vibes.

He said this may be possible, as Article 150(7) of the federal constitution allows emergency ordinances, in certain events, to stay in place after a state of emergency.

Also of importance is Article 150(3), he added, which states that emergency ordinances and proclamations can be revoked or annulled upon the passing of a motion by both legislative houses.

Pasir Pinji assemblyman Howard Lee says if the government refuses to call for the reconvening of Parliament, then the royal household should do something. – The Vibes file pic, July 4, 2021
Pasir Pinji assemblyman Howard Lee says if the government refuses to call for the reconvening of Parliament, then the royal household should do something. – The Vibes file pic, July 4, 2021

However, under convention, these resolutions and motions in Parliament are usually initiated from the government aisle.

“Of course, private member bills could and should be allowed, (but) this brings me to some questions,” said the DAP rep.

“If the government refrains from such motions, will the speakers allow them if they are raised by government backbenchers or opposition MPs?

“Next, are individual MPs willing and prepared to table such resolutions?”

On his view of a possible intervention by the monarchy if the government hinders debates involving emergency ordinances and the Budget, Lee said it is better to let MPs debate.

“This is a personal view, I think that Parliament should (handle) this matter (during a) sitting.

“If the government is stubborn and refuses to call for Parliament to reconvene, then the royal household should do something. But it is better to let MPs debate.”

Lembah Pantai MP Fahmi Fadzil shares two alternative options for the government to use instead of stymieing important debates in Parliament. – The Vibes file pic, July 4, 2021
Lembah Pantai MP Fahmi Fadzil shares two alternative options for the government to use instead of stymieing important debates in Parliament. – The Vibes file pic, July 4, 2021

Sharing a similar view is Lembah Pantai MP Fahmi Fadzil, who believes that Putrajaya should refrain from stymieing such debates in Parliament.

He pointed to an alternative method, which former prime minister Tun Dr Mahathir Mohamad used in 2000.

Based on a February 2000 Hansard document, former finance minister Tun Abdul Daim Zainuddin said Budget 2000 could not be passed as Parliament was dissolved on November 11 the previous year.

However, Daim tabled the bill to be debated again the following year, and it was passed.

That is not all; Fahmi also shared another option, which has a precedent in the late 90s, but said the government “shouldn’t do that, there’s no need to”.

“The government can table an interim Budget.

“There was a precedent in 1999, just after the election, when the Barisan Nasional government under former prime minister Dr Mahathir, during his first term, tabled an interim Budget before tabling the full Budget.” – The Vibes, July 4, 2021

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