Opinion

Letter – Speaker has no power to impose Dewan limit – William Leong

Parliament’s ‘presiding officer’ can’t act beyond Standing Orders

Updated 5 years ago · Published on 11 Nov 2020 3:38PM

Letter – Speaker has no power to impose Dewan limit – William Leong
The importance of MPs’ right to attend a sitting is reflected in the Motion of the House at the Parliament opening each year. – The Vibes file pic, November 11, 2020

ON November 9, Hassan Abdul Karim, the honourable MP for Pasir Gudang, requested that the speaker withdraw the rule limiting the presence of only 80 lawmakers in the chamber during the Budget 2021 debate.

The speaker’s response included the following statement:

“Di manakah terdapatnya di dalam Perlembagaan Persekutuan bahawa pada setiap masa... saya perlu mendengar 222 orang MP dalam Dewan? Kuorumnya 26 orang peraturan mesyuarat. Itu kuorumnya dan kita ada 80 orang.”

The speaker, in his rebuke, said not all 222 MPs attend the sitting each day.

There may be 100 to 120, and not all are in the chamber from 10am until 5.30pm, and at times, there is no quorum.

The speaker’s statement must not be misconstrued to mean that he has the power to limit the number of MPs entering the chamber.

The main function and role of the office of the speaker is to act as the presiding officer over Parliament debates in accordance with the Standing Orders, and to interpret the Standing Orders when required.

The Standing Orders are the rules of procedure approved by MPs themselves under Article 62 (1) of the federal constitution.

Consequently, the speaker does not have an inherent power to act independently beyond the Standing Orders. The speaker, therefore, does not have the power to limit the number of MPs entering the chamber or prevent them from participating in a Parliament sitting.

The honourable Hassan Abdul Karim is correct. Neither the laws on the prevention of infectious diseases, nor the speaker, the minister in charge of parliamentary affairs or party whips, can override the constitutional rights of MPs to enter the chamber during a Parliament sitting.

The importance of MPs’ right to attend a sitting is reflected in the Motion of the House at the Parliament opening each year, directing the inspector-general of police to ensure that MPs are not obstructed from attending Parliament. For this year, the motion was tabled and passed by the House on July 13.

MPs’ right to attend Parliament is also reflected in Section 9(e) of the Houses of Parliament (Privileges and Powers) Act 1952 (Act 347), which provides that it is in contempt of Parliament to obstruct any member from coming or going. The word “House” in the context of Act 347 refers to a Parliament sitting.

The true basis of the 80-MP limit is in the second part of the speaker’s response to Hassan Abdul Karim. It was a decision made by a consensus reached between the respective party whips. This means each MP, by his or her own volition, refrained from entering the chamber. This is very different from the speaker having the power to limit the number of MPs attending a sitting.

This voluntary restraint by MPs is a responsible and practical solution to enable Parliament to function in the time of the Covid-19 pandemic.

Many Parliaments, such as the House of Commons in the UK, as well as in Ireland and Australia, have agreed to reduce the number of MPs in attendance, in response to the pandemic.

Therefore, it is important to stress that the 80-MP limit rule is based on each MP’s voluntary decision not to enter the chamber in a number exceeding this. It is a temporary measure to enable Parliament to function in the midst of the pandemic.

The speaker cannot prevent an MP from attending, participating and voting in Parliament. I call on the speaker not to post an orderly in front of the chamber door to stop MPs from entering without a pass.

If the speaker is allowed to do this, then it amounts to an erosion and subversion of the basic principle of constitutional democracy. It is important that this misconception is corrected. Otherwise, this is how democracy dies. – The Vibes, November 11, 2020

William Leong is Selayang MP

Related News

Malaysia / 2mth

Speaker informs EC of Subang parliamentary seat vacancy

Malaysia / 2mth

Tabung Haji RCI report takes centre stage at special Dewan sitting tomorrow

Malaysia / 4mth

Covid-19 cases in Malaysia stable, no deaths recorded this year – MOH

Malaysia / 7mth

Bad move to channel EPF dividends into Account 3 for festive withdrawals, cautions economist

Malaysia / 8mth

PM term limit: 'It starts with me' - Anwar

Malaysia / 8mth

Dewan Rakyat passes International Mediation Bill

Spotlight

Malaysia

Sarawak DUN to be dissolved on Monday, October 26 – Abang Jo

Malaysia

Architect with 'Datuk' title pleads not guilty to molesting senior police officer's son

World

Strange creature spotted near US-Mexico border

Malaysia

Akmal says public donations hit RM174k, redirects funds to the needy

Malaysia

Illegal temple in Klang used to store drugs

Malaysia

Individual posing as aide to Raja Muda of Selangor causes RM700,000 in losses

Malaysia

Penang to seek greater clarification over Waze ban

By Ian McIntyre

Malaysia

Ismail Lasim insists he remains Negeri Sembilan MB