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Abdullah’s reform Bills criticised PDF Print
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Thursday, 11 December 2008 09:38

(The Malaysian Insider) Prime Minister Datuk Seri Abdullah Ahmad Badawi presented his long-awaited reforms to Parliament yesterday when he tabled two Bills to set up new bodies to oversee judicial appointments and fight corruption. But even as he sought to convince critics that these measures will restore confidence in Malaysia's battered law enforcement system, the Bills were being buffeted by criticism.

Some opposition MPs described the Bills as hype and half-measures that will not make a substantial difference.

Even some Barisan Nasional MPs have privately expressed misgivings about the Bills, which they see as too mild to change the people's poor perception of the government, while raising their expectations sky-high.

An Umno MP told The Straits Times that he did not see how these Bills would change public perception about corruption, or raise confidence in the judiciary.

“Confidence can so easily be restored by simply appointing highly respected people to top posts in the judiciary and civil service. What can these Bills do?” he said. To him, the Bills are an attempt to seek a compromise that will please neither the reformists nor those in the BN.

But Abdullah was unfazed.

“It will give a level of confidence in these institutions, higher than before, and negative perceptions will hopefully be reduced as much as possible,” he said.

The two Bills tabled yesterday were to set up a Malaysian Anti-Corruption Commission and a Judicial Appointments Commission.

A third Bill — to set up a public complaints mechanism on enforcement agencies such as the police force — is scheduled to be tabled early next year.

The three measures were a key part of Abdullah's 2004 general election promises that led to the BN's landslide majority. But his efforts ran out of steam, and voters punished him for it in March.

Abdullah was forced to take early retirement, but delayed it from December to March next year to enable him to get the reforms going.

The Anti-Corruption Commission will replace the Anti-Corruption Agency, which has been criticised as being toothless. It will be overseen by an advisory board and a committee of seven senators or MPs who will present an annual report to Parliament. A third committee will handle complaints against the commission.

While the Attorney-General's consent is still required for prosecutions, Abdullah said an administrative arrangement has been made to delegate these powers to the commission itself.

Opposition Democratic Action Party MP Liew Chin Tong described the Bill as “all hype that looks more like the same thing”. He said a truly independent commission would have staff separate from the general civil service, and independent funding.

He also said the oversight committee comprising MPs should be set up under parliamentary rules to reflect the strength of the respective political parties in the House.

“It seems to be just another statutory board arrangement. Will MPs debate its report? If not, what's the use?” he said.

The Bill on the Judicial Appointments Commission also did not escape criticism. It proposes setting up a nine-man panel to make recommendations for appointments of judges to the High Court and above.

Under the current system, the sole prerogative lies with the PM on the recommendation of the Chief Justice. But the government came under pressure to create a more transparent process after an official inquiry earlier this year showed that a prominent lawyer had brokered the appointment of certain top judges in 2002.

The commission, which will include four “eminent persons”, will recommend names but the PM has the final say. This was a compromise, after Umno objected to a whittling down of the PM's powers.

Abdullah said it would not pose a problem as the PM would not carelessly disregard the commission's recommendations. He described the two Bills as “an approach that can be accepted by all”, and has called for the support of all MPs, including the opposition. BN has enough MPs to get both Bills passed even without the opposition's support. — The Straits Times

Comments (13)Add Comment
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written by michael chick, December 11, 2008 09:53:25
You mean "...he tabled two Bills to set up new bodies to oversee corruption and fight Justice..."
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written by hiro, December 11, 2008 10:32:17
The JAC will not work.

a) There are still judges of questionable character or judges promoted through questionable criteria in the system. They form the majority of the commission and can bulldoze their cronies through.

b) The appointments of eminent persons are not scrutinised by the public.

c) The PM does not need to give reason why he needs another 2 names.

d) There is no security of tenure for the eminent persons - they can be sacked unceremoniously by the PM if the PM does not like their faces.

e) PM can make orders for better implementation of the Act - which means if there are lacuna(s) purposely created, the PM can patch things up with Executive interference. This can be alarming.

f) Seniority is not a criteria of selecting judges.

g) Will the proposed names of judges be open to public scrutiny?

The JAC may work only if:

1) The Lingam investigation is completed and judges tried and sacked, old cases reviewed for justice to be finally done.

2) Current Chief Justice investigated over his comment of committing bribery. I don't see why this is a difficult issue for the Executive or the Judiciary. If the press indeed misreported him, he should ask for retraction and explain himself. If they did not misquote him, but perhaps he let slip his tongue, he should explain and put this behind him. The Executive in defending him is putting the Chief Justice in a compromised position. Even assuming he intended to carry out his duties without fear or favour earlier on, now he owes the Executive a favour for not pursuing a tribunal against him. He has already been compromised.
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written by SCM, December 11, 2008 10:44:59
Mr. PM, first, reform yourself. Then, stop the corruption that is directly coming about from you. RM6 million of our money to rent and maintain your house? What a joke. We spend so much for a PM that is so useless that his own party is kicking him out. You have to pay us all back for all your wasted time as PM.

Why don't you just let Jeanne maintain your house for you and save us that money. After all, wasn't she doing that before you started oogling at her? You sly devil you.
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written by Xerxes, December 11, 2008 10:56:25
The best laws or legislations are only as good as the people implementing them. There is frankly enough existing laws to put away corrupted people but every time some big fish are involved, some unseen hands will ensure such cases never come to court. Invariably we will hear "not enough evidence" as the excuse.

In this proposed MACC, the AG still has the final decision to prosecute. So what is the difference? And the key people in all the various boards and commissions are still appointed by the PM and so is beholdened to him. All we are doing are adding more layers of inefficiency to the decision making process thus delaying the judicial process and in the process hoping the public will be desensitized for the case to be eventually dropped. Remember the Lingam tapes? Instead of forming a Royal Commission immediately to investigate, the powers to be dragged the case through a preliminary commission to determine if the tape is genuine and only after determined pressure, did the Govt. eventually agree to the Royal Commission to investigate. Even then the Commission had no teeth.

One wonders if such delays were deliberately created to give culprits time to cover their tracks besides desensitizing the public.
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written by Rainbowseahorse, December 11, 2008 11:06:51
“The commission, which will include four “eminent persons”, will recommend names but the PM has the final say…..Abdullah said it would not pose a problem as the PM would not carelessly disregard the commission's recommendations”.

Contrarily to what Abdullah claimed, I think it is a glaring problem as the PM is from the ruling political party which will make him bias.
Ideally, the Agong, being none align to any political parties, should have the final say.

Apart from the above, if Pak Lah really, really wants to regain the trust of the people, he should do the following IMMEDIATELY which is within his power to do so:
POLICE : Sacked the Home Minister & the IGP and imprison them under the ISA. This should act as a warning to others of the seriousness in dealing with corrupted & inefficient police & security personnel.

JUDICIARY : Sacked the AG and put him, and all those implicated in the Linggum’s case, under the ISA. This should be a warning to others of the seriousness of playing ‘poker’ with the judiciary.

ACA : Put this under the purview of the Opposition Party who would be more than happy to catch all the corrupted people in the BN & Public Services.

If Pak Lah is willing to carry out all the above, then I’ll have confidence in his reforms.
Other than that, if Pak Lah persists with his “lame duck window dressing dog meat masquerading as lamb reforms”, he might as well take it easy until his retirement as it would be a complete waste of his stupid time.
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written by foresight, December 11, 2008 11:53:28
What is the point of setting up an anti-corruption commission that has no power to prosecute ? It should be totally independent. Looks like he is protecting themselves first.
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written by asguard, December 11, 2008 12:43:43
To put the screw up or not... that is thinking of most of Barang Naik MPS! over ACA AND MACC!
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written by AngryTaxpayer, December 11, 2008 13:17:27
If he can't even reform UMNO, what makes him think it's possible with the entire govn. machinery.........once again pulling wool over our eyes! smilies/angry.gif
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written by batsman, December 11, 2008 13:25:02
Give AAB a break. HE deserves to continue to be PM for his efforts. Shake the tree and fruits come falling down. Only hope these fruits will not be rotten. The rakyat must continue to shake the tree to make sure good fruits come tumbling down. If there are no good fruits, the tree must be uprooted and a better tree planted in its place.

Still, this places a lot more pressure on Pakatan to perform. Don't be over confident.
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written by sorosapril, December 11, 2008 13:50:04
It looks like we are worst than Indonesia, at least their anti corruption commission report directly to the Parliament while ours still report to the PM department, hence no independent at all.

on the JAC, why can't it be the Parliament as well like what the US is doing? any appointment of Federal Government like the Fed Head,CIA and so on need the parliament approval.

It will be interesting if AAB dares to propose that
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written by citizenmy, December 11, 2008 14:12:17
Current law and bill is sufficient to tackle the corruption. The issue is the willings the implement it.

Even 1000 bills can be proposed, its meaningsless.
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written by Rozlan, December 11, 2008 15:27:59
YOu see,I always suspicious when UMNO tabling any socalled reform law..They wont let it to be independent la..It will always subject to Prime MInister control...He tabled such law just for fools who will always believe him..

Why should he create laws when he,his families and his party will be in deep shit..
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written by Almighty, December 12, 2008 23:08:16
Only change Fish ball Kuay Teow Soup to Fish ball bee hoon soup. AAB want to perform monkey show than retire as "Father of Judicial Reformation". Not a chance unless all Malaysian are idiot.
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