Malaysia

‘Invitation or subpoena? Officials confused over PSC’s powers’

Datuk Seri Azalina Othman Said also calls for clarity on parameters of Official Secrets Act

Updated 4 years ago · Published on 07 Mar 2022 2:56PM

‘Invitation or subpoena? Officials confused over PSC’s powers’
Datuk Seri Azalina Othman Said says that while she takes pride in Malaysia’s judiciary system being seen as an independent and respectable body, the memorandum of understanding must uphold objectivity as one of its founding principles. – File pic, March 7, 2022

by Qistina Nadia Dzulqarnain

KUALA LUMPUR – Parliament will remain “toothless” if the powers of its select committees (PSCs) are not spelled out as government officials remain uncertain whether their attendance is compulsory when summoned.

Datuk Seri Azalina Othman Said (Pengerang-BN) told Dewan Rakyat today that government officials do not know whether they are being called in by invitation or subpoenas. 

Although she did not name names, she said the matter was brought up by the speaker on March 1, adding that “it should be emphasised and considered that the MoU can address matters over confusion on the powers of the PSC”.

During the sitting that day, Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun drew flak after downplaying Malaysian Anti-Corruption Commission (MACC) chief Tan Sri Azam Baki’s refusal to attend a recent PSC proceeding.

“In Parliament, which is constitutionally the third biggest force, we have no fangs or teeth,” she said, alluding that the politicians who represent the people are nothing more than “designated welfare officers” or “contractors” if they fail to show up when they are told to. 

“Currently, government officials do not know whether we are being called in by invitation letters or subpoenas. 

“In court proceedings, we can serve an order notice if an individual does not show up and they will be understood to be in contempt towards the court.” 

Azalina added that there should be a more nuanced explanation as to what exactly a government official can or cannot disclose under the Official Secrets Act 1972. 

“Due to the act, officials might not be able to divulge every bit of information they have. 

“The parameters of the act should be explained to MPs so that they are aware of their restrictions and can pose their questions accordingly while knowing what kind of answers to expect.”

She added that while she takes pride in Malaysia’s judiciary system being seen as an independent and respectable body, the memorandum of understanding must uphold objectivity as one of its founding principles. 

“If the role of the MoU is to only give power to one side of the agreement, then we have betrayed the trust of voters.” 

In support of Azalina, Nga Kor Ming (Teluk Intan-PH) urged Azhar to expedite the matter by referring her suggestion to the Standing Orders committee so that amendments can be made during today’s session itself. 

“The speaker cannot run from his responsibilities as the doctrine of the separation of powers must be protected.” – The Vibes, March 7, 2022 

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