KUALA LUMPUR – Law and Institutional Reform Minister Datuk Seri Azalina Othman Said has dismissed claims that the agreement inked by coalitions in the unity government is unconstitutional.
She told the Dewan Rakyat today that the portion of the agreement which mandates government MPs to back the government’s position in votes is legally allowed because of recent constitutional amendments that prevent party-hopping.
The federal constitution now empowers political parties to put in place provisions against MPs who disobey party instructions which will trigger the loss of their membership and consequently the vacating of their parliamentary seat, the Umno lawmaker said.
“Before the constitution was amended, yes, you can say that certain actions can be questioned as being undemocratic.
“But because of the anti-hopping law and constitutional amendment, we cannot deny that this law can be considered as a ‘legal air cover’ allowing political parties to tie their politicians down,” she said when winding up the motion of confidence for Prime Minister Datuk Seri Anwar Ibrahim in the Dewan Rakyat today.
Azalina was responding to questions and criticism raised during the debate by several opposition MPs on the legality of the agreement signed by leaders of parties in the government.
Specifically, the lawmakers took issue with a provision in the agreement which stipulates that an MP who fails to toe the party’s line and votes against the prime minister or the government will lose his or her parliamentary seat.
Responding to this, Azalina pointed to Article 49A(1)(a)(ii) of the federal constitution, which states that MPs shall vacate their seat if they cease to be a member of the House.
She said this gave political parties leeway to introduce certain mechanisms to cause lawmakers who go against the party to lose their party membership, effectively stripping them of their parliamentary seat.
Therefore, such a move is deemed as legal and not unconstitutional, she said.
“What this means is that the mechanism is subject to the respective political parties... This is why the anti-hopping law was introduced.”
Azalina added that parties would not have to adopt such rules for their members if the constitution stipulates that lawmakers will lose their seat if they are expelled.
However, this is not the case, the Pengerang MP said. Under the current law, MPs who are sacked from their party are still able to keep their seats.
To a question by Datuk Seri Takiyuddin Hassan (Kota Baru-PN) on certain MPs purportedly being forced to sign the agreement to form the unity government, Azalina said this issue does not arise.
“We have a negotiation council composed of representatives of the major parties. The council’s role is to ensure that all terms are agreed to, and if there are any misunderstandings or disagreements, it must be resolved harmoniously.
“So, what’s the problem? What is so undemocratic about it if there are methods in place to resolve the issues, so that all 148 government MPs can speak?”
After her winding up speech, MPs passed the motion of confidence for Anwar via a voice vote. – The Vibes, December 19, 2022
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