KUALA LUMPUR – The government must set up a royal commission of inquiry (RCI) to reform the Attorney-General’s Chambers (AGC) in instilling public confidence, said Dewan Rakyat Deputy Speaker Datuk Seri Azalina Othman Said.
Azalina said that the RCI should comprise top constitutional experts with impeccable impartiality and comparative insights.
“The AGC is currently a super-agency with four roles: government’s legal advisor, public prosecution, the governing body of lower court judges, and the law-drafting body.
“The embodiment of the first three roles in one agency had resulted in a severe conflict of interest that has clouded the practice of rule of law and heightened allegations of selective prosecution and impunity, therefore affecting business confidence reflected amongst others in the Corruption Perceptions Index (by Transparency International),” Azalina said.
The Pengerang MP said that should an RCI be established, it should study the necessary separation of these roles so that the AGC would only function as the executive’s lawyer.
Azalina further explained that prosecutions should be reserved for an independent body led by the solicitor-general, who enjoys independence and job security similar to that of a Federal Court judge.
Meanwhile, lower court judges, Azalina said, can be placed under the judiciary services as specialised judges in specialised courts.
As for law-drafting, she suggested that it should be assigned to an independent parliamentary draftsman office.
“In the United Kingdom, both the AG and deputy solicitor-general, are parliamentarians from the government party but not ministers.
“In Australia and Canada, the AG is the cabinet (member) in charge of justice.
“New Zealand has both the attorney-general and justice minister in cabinet. In that regard, the RCI should study the optimum division of labour between the justice minister and the attorney-general (if both are needed) to ensure parliamentary accountability,” Azalina said.
On Wednesday, Azalina in a statement, had asked Attorney-General Tan Sri Idrus Harun to attend the special parliamentary session on Monday.
Azalina said the presence of Idrus in Parliament would allow MPs to receive clarification on certain matters, particularly the promulgation of emergency ordinances. – The Vibes, July 23, 2021
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