Strengthening Dewan Negara

ARCHIVES 2010

By Aurora On Jun 9, 2010

(TMI) THE Dewan Negara, or Senate, has long been perceived as a “rubber stamp” of the Dewan Rakyat or Lower House in Malaysia. In a Westminster parliamentary democracy, the Senate is meant to provide checks and balances on the Lower House. Indeed, healthy democracies thrive because of checks and balances.

That the Dewan Negara in Malaysia has ceased to play that role effectively is cause for concern. At least one senator, Dr Syed Husin Ali, wants to see the Dewan Negara strengthened. Six months after his December 2009 appointment, Syed Husin, who is also Parti Keadilan Rakyat (PKR) deputy president, launched a campaign to reform the Senate. He is, of course, not the only citizen with such concerns.

Syed Husin and civil society groups have a host of measures they would like implemented. What are they? How will these measures make a difference, and will they gain any traction?

Role of the Senate

Senators are responsible for scrutinising and debating bills that have been vetted by the Dewan Rakyat before they can be passed as law. The Upper House in other democracies such as the US and Australia wield considerable power. In Australia, for example, the Upper House can block legislation originating from the Lower House.

In Malaysia, the Senate cannot veto any bill passed by the Dewan Rakyat. However, Syed Husin explains that the Dewan Negara can amend or delay the passage of ill-considered legislation. But this has happened so rarely that headlines were made when women senators vehemently opposed controversial amendments to the Islamic Family Law in 2005. Eventually, these women senators were compelled by the party whip to vote for the bill.

“Once, 15 bills were passed in the Senate in two days,” Syed Husin adds in a phone interview with The Nut Graph on 2 June.

“We need to revive the Senate and make it more effective,” he concludes.

Political appointments

Syed Husin also points out that according to Article 45(2) of the Federal Constitution, appointed senators are supposed to be distinguished in public service or their profession, or represent racial minorities and indigenous peoples.

Today, he notes, the Senate has instead become “the ‘back door’ for politicians who have lost in the general elections to be made ministers or deputies”. In Malaysia, only a member of the Dewan Rakyat or Dewan Negara can be appointed to the cabinet.

Syed Husin cites the example of Gerakan president Tan Sri Dr Koh Tsu Koon, who lost in the 2008 general election but was appointed a senator and a cabinet member later. Umno Wanita chief Datuk Seri Shahrizat Abdul Jalil and former MCA Wanita chief Datin Paduka Chew Mei Fun were also appointed as the Women, Family and Community Development Minister and Deputy Minister in the same way.

In Prime Minister Datuk Seri Najib Razak’s 1 June cabinet reshuffle, three politicians – People’s Progressive Party (PPP) senior vice-president Datuk Maglin Dennis D’Cruz, and MCA vice-presidents Datuk Donald Lim Siang Chai and Gan Ping Sieu – were sworn in as senators after their appointments as deputy ministers were announced.

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