Parliament in Disarray


Today if you like to remain in the helm you would have to play politics and do as what the political masters tell you to do, no complications please – integrity seems to be the hardest word.

By Zaid Ibrahim

In many of the better business books, descriptions on the most preferred quality and characteristics of a company’s CEO, tend to always stress on the importance of honesty and integrity.

While the nature of nations and businesses are vastly different, being different entities with different processes and aims, structurally they do have the similar needs for good management, efficient performance, quality output and progress. Seen in this light, certainly the nation, and all of its processes, must acquire ‘CEOs’ with the highest honesty and integrity.

Does this fact however hold true for Malaysia?

Looking at recent trends, I am inclined to believe, maybe not so. Whilst companies may need a CEO with all the finest attributes, it does not however look very necessary in Malaysia for a person to have such attributes, if one would like to become Speaker of the Dewan Rakyat or the Chairman of the Elections Commission, for example. In fact I am tempted to argue that it may not even be desirable for you to have such qualities if you wish to head such organisations in this country.

Before I elaborate, let me first confess of my excitement when Pak Lah first announced Integrity as the cornerstone of his administration a few years back. I thought this is what the country sorely needs. However unfortunately, after much fanfare and millions of Ringgit gone astray, all we have today is the Institute of Integrity and very little else. Maybe, ‘Integrity in Governance’ is not included within APCO’s Terms of Reference, perhaps that’s why….

I remember that in the good old days, JKR officers would even record the amount visitors spent on them for coffee and curry Puffs at the office canteen. In the good old days, judges were prepared for the sack but remained steadfast and true to their principles and convictions. A certain Central Bank Governor opted to resign rather than suffer the humiliation of having to take orders from politicians. Well friends, those days are long gone and it looks like as if persons of integrity may never hold the reign at any of our state institutions again.

Today if you like to remain in the helm you would have to play politics and do as what the political masters tell you to do, no complications please – integrity seems to be the hardest word.

Which explains why the Dewan Rakyat Deputy Speakers have conducted themselves in such fashion last week? The Speakers have lost control of the Dewan. Its absolute mayhem every day. The shouting matches and the wasting of hours of precious debating time is due to their lack of understanding of the role of Parliament and their own position and authority to regulate the proceedings in the House firmly and fairly. Their handling of the issues pertaining to Standing Order 36 (12) violations by MPs is shameful.

Yes members of the Dewan must not make misleading and deliberately untruthful statements. That’s the essence of Order 36. Whilst Erskine May correctly states that the rule is applicable to all members of Parliament, in terms of actual parliamentary practice based on proceedings in England and Canada and Australia, the rule not to “misled the House” is meant to ensure compliance by Ministers in Government to tell the truth and not lie to Parliament. This is what is known as Ministerial responsibility to Parliament, and the Rule “not to misled” is to ensure Ministers not to lie in Parliament. We can glean this principle by looking into the cases of John Profumo, John Biffen and the Westland Affair. If we read the British or Canadian Hansard, the reported cases involving the offence of “misleading the House” will always refer to Ministers who have lied or misled the House on the facts under their charge. Due to this demand for strict integrity in discharging one’s ministerial responsibility and accountability to the Parliament, British and Canadian Ministers must exhibit the highest sincerity and honesty while furnishing their replies to Parliamentary queries.

To translate this context within our legislative process then, as an example – should the Defence Minister state that the contract for the maintenance of our submarines amounted to RM270 million, and if other Parliamentarians can indeed prove that this figure is wrong, then the Minister concerned should rightly be referred to the Committee for action. Similarly, when at some point the Deputy Minister of Defence states that the commissions for the purchase of some submarines was in the region of RM450 million while on another occasion the Minister himself maintains that no such commissions were paid, it suggests to us that someone is possibly lying. These then are some of the prime examples where the radar of the Speakers of the Dewan should bleep loudly. Such inconsistencies in data are what that they should be interested in.

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