Why afraid of a Special Parliamentary Commitee on MACC?


Second Amendment to MACC Bill –

    Fasal 14:-

    Menggantikan “Jawatankuasa Khas Mengenai Rasuah” dengan “Jawatankuasa Parlimen Mengenai Rasuah” setiap kali perkataan-perkataan berkenaan muncul di dalam Rang Undang-undang

    [Replace “Special Committee on Corruption” with “Parliamentary Committee on Corruption” where it appears in the Bill.]

    Pindaan Fasal 14(2)

    MEMOTONG dan DIGANTIKAN dengan “Jawatankuasa Parlimen hendaklah terdiri daripada tujuh anggota yang hendaklah dilantik oleh Dewan-dewan Perwakilan yang menggambarkan perwakilan di Parlimen dan diketuai oleh seorang Ahli Parlimen Pembangkang, dan tiada seorang daripada mereka merupakan anggota pentadbiran

    [Clause 14(2) – DELETE and SUBSTITUTE: “The Parliamentary Committee shall consist of seven members to be appointed by the House of Representatives reflecting the representation in the House and headed by an Opposition Member of Parliament, none of whom shall be a member of the administration.]

    Pindaan Fasal-fasal 14(3) dan 14(4)

    Memotong Fasal 14(3) dan 14(4)

    [Delete Clauses 14(3) and (4)]

    Pindaan Fasal 14(5)

    Penomboran semula Fasal 14(5) sebagai Fasal 14(3) yang dipindakan menjadi “Jawatankuasa Parlimen hendaklah, tidak lambat daripada mesyuarat Parlimen pertama pada tahun berikutnya, mengemukakan laporan tahunannya kepada Parlimen mengenai semua aktivitinya sepanjang tahun yang berkaitan dengan laporan berkenaan.”

    [Re-number Clause 14(5) as Clause 14(3) which should be amended to read: “The Parliamentary Committee shall, not later than the first meeting of Parliament of the following year, submit its annual report to Parliament of all its activities during the year to which the report relates.”]

Before his highly-principled resignation as the de facto Law Minister in the Prime Minister’s Department in September over the gross abuse of government powers which saw the arbitrary and frivolous detention of DAP MP for Seputeh and Selangor Senior Exco Teresa Kok, Sin Chew senior reporter Tan Hoon Ching and blogger Raja Petra Kamaruddin, Datuk Zaid Ibrahim had spoken publicly of the proposed legislation for the Malaysian Anti-Corruption Commission (MACC).

He said that a constitutional amendment would be needed as well as a new MACC Act to replace the Anti-Corruption Act 1997.

He spoke about the need to set up a Special Parliamentary Committee on the Prevention of Corruption and an Anti-Corruption Advisory Board, as well as the proposed Operations Review Panel and the Corruption Prevention and Consultancy Panel, the former two under the new legislation while the other two could be done administratively.

Under the MACC Bill before the House, the Special Parliamentary Committee on the Prevention of Corruption has disappeared and instead we have in Clause 14 a “Special Committee on Corruption” which clearly is not a Parliamentary Committee in the true sense of the term which establishes the principle of MACC responsibility to Parliament but a mere Special Committee on Corruption comprising MPs but which is finally responsible to the Prime Minister rather than to Parliament.

As a result, this Special Committee on Corruption comprising MPs is not a creature of Parliament but a creature of the Prime Minister, making a mockery of the claim that the Malaysian Anti-Corruption Commission is to enjoy true independence from the Executive coming under parliamentary responsibility.

The other four “check-and-balance” committees, whether the Anti-Corruption Advisory Board; Special Operations Review Panel; Corruption Prevention and Consultative Council; and a Complaints Committee are all beholden to the Prime Minister or the Executive, making nonsense of the principle of parliamentary responsibility of the MACC.

In fact, the MACC Bill is so watered down that the principles of its independence from the Prime Minister’s control and accountability/responsibility to Parliament can be quite tenuous and even fictitious.

The original intention to amend the Constitution to give the Malaysian Anti-Corruption Commission a constitutional status has been abandoned while there is no clear-cut provision to establish its responsibility and accountability to Parliament.

The appointment provision is quite ludicrous – the seven members to be appointed by the Yang di Pertuan Agong, which means on the advice of the Prime Minister.

Clause 14 (3) provides that seven MPs shall be nominated by the Leader of the House of Representatives, who again is the Prime Minister, i.e. the Leader of the House (who is the Prime Minister) advising the Prime Minister to advise the Yang di Pertuan Agong on the appointments.

As the Special Committee on Corruption is to comprise MPs, why is the Prime Minister shy in calling it the Parliamentary Committee on Corruption?

Is this just to give the impression of some form of “parliamentary” scrutiny without actually permitting robust and proper parliamentary stewardship?

If such a Parliamentary Committee on Corruption is to be meaningful, its composition must reflect the parliamentary representation of the different political parties in the House and its membership decided by MPs themselves and not by the Executive. Furthermore, the Chairman of the Parliamentary Committee on Corruption should be an Opposition MP.

(Speech 2 when proposing amendments to Malaysian Anti-Corruption Commission (MACC) Bill during committee stage in Dewan Rakyat)

  1. #1 by kerajaan.rakyat on Tuesday, 16 December 2008 - 7:08 pm

    ::

    Dear YB Lim,

    Pada saya ini hanya satu wayang kulit untuk menipu pengamat rakyat kepada isu pokok yang sebenar.

    Apapun nama atau pengistilahan semula, jika semangat dan kesungguhan untuk memerangan rasuah tidak wujud dalam diri pemimpin negara (Perdana Menteri) khasnya, maka usaha untuk memerangi rasuah TIDAK akan berjaya.

    Buktikan kepada rakyat terlebih dahulu penyiasatan yang telus terhadap penglibatan Datuk Sri Najib, Rosmah Mansor dan Datuk Sri Abdullah Badawi dalam banyak skandal rasuah yang telah diperkatakan oleh Pakatan Rakyat semasa PRU-12 dulu.

    http://kerajaanrakyat.com/

    ::

  2. #2 by rubini on Tuesday, 16 December 2008 - 7:51 pm

    Dear YB Saudara LKS,

    The PM has to cover his back! If not he is the first one to go down under the new bill. Everything they do is a “FARCE” & the Bodohwi after 6 years of sleeping, now yawns & winks @ the rakyat.
    The mentality of them is mindboggling, the Rakyat has woken up! KT will go to PR. UMNO/BN cannot change, too many have been cultured in the corrupt manner to change. It will take a new generation to bring about changes.

    UMNO/BN are not fighting for the people, but for self presevation. It wil take another 1 – 2 generations to completely undo the damage done by them to the country & her people. It’s my hope that PR will form the next Government.

  3. #3 by undergrad2 on Tuesday, 16 December 2008 - 8:20 pm

    “The other four “check-and-balance” committees, whether the Anti-Corruption Advisory Board; Special Operations Review Panel; Corruption Prevention and Consultative Council; and a Complaints Committee are all beholden to the Prime Minister or the Executive, making nonsense of the principle of parliamentary responsibility of the MACC.” KIT

    Ordinary folks do not want more layers of bureaucracy to cloud the issue of corruption, more agencies and more powers that could only lead to their abuse. We just want the corruption to stop.

    One way to stop the corruption is to boot out those politicians alleged to be corrupt. Vote for the individuals rather than the political party they represent. If BN fields candidates which are known to be corrupt, then vote against them. If DAP or PKR were to do the same, vote along personal lines and not party lines. That would stop them from fielding candidates which have dubious track records.

  4. #4 by Godfather on Tuesday, 16 December 2008 - 8:46 pm

    Five surgeons from big cities are discussing who makes
    > the easiest
    > patients to operate on.
    >
    > The first surgeon, from S’pore, says, ‘I like to
    > see accountants on my
    > operating table, because when you open them up,
    > everything inside is
    > numbered’
    >
    > The second, from Bangkok, responds, ‘Yeah, but you
    > should try
    > electricians! Everything inside them is colour
    > coded.’
    >
    > The third surgeon, from Bejing says, ‘No, I really
    > think librarians are
    > the best, everything inside them is in alphabetical
    > order.’
    >
    > The fourth surgeon, from Jarkarta , chimes in: ‘You
    > know, I like
    > construction workers… those guys always
    > understand when you have a few parts leftover.’
    >
    > But the fifth surgeon, from KL , shut them all up when he
    > observed:
    > ‘You’re all wrong. Politicians from Malaysia UMNO
    > are the easiest to
    > operate on. There’s no guts, no heart, no [email protected], no
    > brains and no spine,
    > and the head and the a$$ are interchangeable.’

    This is a true story.

  5. #5 by Ramesh Laxman on Tuesday, 16 December 2008 - 9:01 pm

    Dear YB,

    I would be appreciative if you could take time to explain why the concet of ‘restitution’not included in the MACC. To my mind this is even more important than sendind a person to prison. We should decriminalise corruption and make it civil offence with ‘ restitution’ multipied by three the linchpin of the MACC.

  6. #6 by de_Enigma on Tuesday, 16 December 2008 - 9:08 pm

    Case study:

    You hired a ‘Security Guard’ to watch over your ‘house’. The Security Guard feeds and trains ‘Watchdogs’ to watch over your ‘house’. Now you face Problem No.1 – houses always robbed because the watchdog seems to be sleeping when robbing occurs. Then realizing this cannot continues, the Security Guard get you to install ‘CCTV’ on the Watchdogs to catch if they are doing their job well. To ensure that the Security Guard is accountable, ‘CCTV’ is also installed in the guard room however with the Security Guard controlling the CCTV equipments. Now you face Problem No.2 – houses still getting robbed and watchdog seemed not doing their job. Surprisingly robbing occurs only when power is down where CCTV can’t function and we don’t know whose fault it is and again we are robbed without culprit. Now the Security Guard propose you to install a ‘generator set’ to ensure continuous power supply so that you won’t have problem with CCTV either, however this Guard need to control the generator set again…..

    I don’t know how this story will unfold just yet but I’m quite sure I will replace this appointed Security guard soonest possible because whatever he suggested needs money and time to be implemented and with repeated failure.

    Legend:
    ‘Security Guard’ – BN
    ‘Watchdog’ – Public Services (Eg. Police)
    ‘House’ – Malaysia
    ‘CCTV’ – ACA
    ‘generator set’ – MACC?

  7. #7 by k1980 on Tuesday, 16 December 2008 - 9:36 pm

    Home Minister Syed Hamid Albar said it was unfair to accuse the rescue teams, including police, of stealing the Bukit Antarabangsa landslide victims’ belongings as it could tarnish their image.

    Is it also unfair to accuse the snatch thieves of making off with their victims’ handbags as it could also tarnish their image?

    How about the pirates robbing fishermen in the Melaka Straits as it could also tarnish their image?

  8. #8 by undergrad2 on Tuesday, 16 December 2008 - 10:12 pm

    BREAKING NEWS!!

    Virus spreading fast in the United States.

  9. #9 by undergrad2 on Tuesday, 16 December 2008 - 10:13 pm

    Not computer virus.

  10. #10 by undergrad2 on Tuesday, 16 December 2008 - 10:57 pm

    norovirus

  11. #11 by AhPek on Tuesday, 16 December 2008 - 10:59 pm

    Is that Nora virus,a stomach virus break-out that you are talking about
    about,undergrad2?

  12. #12 by Taxidriver on Tuesday, 16 December 2008 - 11:31 pm

    Yeah, stomach stuffed with too much of very good and very expensive food bought with stolen money. It’s UMNO-BN VIRUS.

  13. #13 by AhPek on Tuesday, 16 December 2008 - 11:40 pm

    Yes,certainly if the stomach virus break-out were to happen in Malaysia it would be of the UMNO-BN virus variety.

  14. #14 by AhPek on Tuesday, 16 December 2008 - 11:43 pm

    And this variety will only be spread amongst UMNOPUTRAS and their lapdogs,the rest of Malaysians have immunity against such virus type!

  15. #15 by chengho on Wednesday, 17 December 2008 - 12:23 am

    AhPek you are wrong you do not have the immunity..

  16. #16 by AhPek on Wednesday, 17 December 2008 - 1:11 am

    chenhho,
    just explain to me how so?

  17. #17 by Jeffrey on Wednesday, 17 December 2008 - 4:32 am

    I understand that the MACC Bill has been passed at 7.50 p.m. last evening.

    They are not willing to defer to provide for more time to relevant stakeholders and the Opposition to deliberate on it; they’re not entertaining any of your 5 proposed amendments either.

    For an important anti-corruption legislation like MAC, why the haste to push and bull doze it through without addressing concerns raised by others?

    The motivations are highly suspect and the Opposition has reasons to be wary.

  18. #18 by Godfather on Wednesday, 17 December 2008 - 8:26 am

    All the various oversight committees under the MACC report to Ali Baba and are drawn from the den of 40 thieves. The members of the committees will have attendance fees and allowances.

    Once PR takes over the federal government, I wonder if Ali Baba and his den of thieves will regret their hasty decision to push through this bill.

    What goes around comes around.

  19. #19 by Bigjoe on Wednesday, 17 December 2008 - 8:40 am

    Well, the bill is passed, we will see…

  20. #20 by taiking on Wednesday, 17 December 2008 - 8:51 am

    Ikan bilis. Ikan bilis. And more ikan bilis.

    Maybe not. MACC will be especially active in 5 states where THEY perceive corruption as at its worst.

    By the way anti-umno = corruption and anti-corruption = anti-umno. That is how those meritless clowns work their logic out.

  21. #21 by chengho on Wednesday, 17 December 2008 - 8:54 am

    AhPek,
    Virus is color blind you have to get strong antidote otherwise the virus will eat you also..

  22. #22 by k1980 on Wednesday, 17 December 2008 - 8:58 am

    There is only one way to stop this virus:- with a kapak bungkus, Kelantan style

  23. #23 by AhPek on Wednesday, 17 December 2008 - 9:43 am

    chengho,
    We are not talking about the virus as understood in the medical sense.I am talking about (and obviously too) the virus of the type Taxidriver is referring to.So how so?

  24. #24 by shortie kiasu on Wednesday, 17 December 2008 - 12:16 pm

    After years of struggle by the same corrupt government to fight their own corruption in the government, they have come up now with a mediocre piece of legislation to be so quickly passed in the Parliament as if there is no tomorrow.

    It is noticed that it is these government and public servants who really can talk very well and boastfully in the media on how clean they are and how they hated corruption in the high places in the government, but underneath them, they are corrupt to the bones, only God knows.

    They put up brave faces to show the public with their anti corruption rhetorics but they are exactly the ones too who are on the worst takes.

    Whatever legislations they put they will always reserve ‘holes’ inside for them to get out with their dirty hands.

    May be that is ingrained in culture of the particular ethnicity. No amount of education and talks will ever change them. Just keep watching on the corruption perception index the next time.

  25. #25 by rubini on Wednesday, 17 December 2008 - 7:50 pm

    The situation in Malaysia is like this if have police who are theives & thieves who are police, how can u get protection & prevent crime when criminals are the police & the poliec are the criminals? Get It? Got It?

    The entire country is watching the kind of LOW LIFES these fellas are?

  26. #26 by khairi ali on Thursday, 18 December 2008 - 3:06 pm

    I’m wondering how the Pakatan Rakyat will enforce their style of check and balance.

    OR, why just not our MP, put up some kind of corruption blue print, just for us to have the overall picture of how corruption body should be set up?

    Right now, I have this idea of why not just leave it to the international body to impose their way of eradicating corruption in Malaysia?

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