76494102 10 Legislative Process

7/27/2019 76494102 10 Legislative Process

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INTRODUCTION TO LAW

LEGISLATIVE PROCESSIN

MALAYSIA


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TYPES OF BILLS

Bills introduced in Parliament may be classified as:

Public bill;

Private bill;

Private members bill; and

Hybrid or Government bills.

Public billPublic bills include bills on matter of general public

interest such as national defense, public order andtaxation.

Private bill

A private bill is a proposal for a law that would apply to aparticular individual or group of individuals, or corporate

entity. E.g., The Universities and Universities Colleges(Amendment) Act 1996.


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CONT

Private members bill

A private members bill or a members bill is aproposed law introduced by any member of the

legislature other than a minister or assistant minister.

Hybrid or Government bills

Bills that seem to be both public and private in nature

are referred to as hybrid bills.

Hybrid or Government bills are introduced by aminister or private member for general application but

belong to the class of bills which appear to affect

individual rights or interests.


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CONT

For example, a hybrid bill is used by the governmenton behalf of railway companies and transport agency

to obtain authorization for major project deemed to be

in the national interest, but which would affect a large

number of private interests as well.

In the parliamentary system, most bills are proposed

by the government, not by individual members of thelegislature.


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LEGISLATIVE PROCESS IN

THE FEDERAL PARLIAMENT

The Parliament of Malaysia is the national legislatureof Malaysia.

The bicameral parliament consists of the Dewan

Rakyat (House of Representatives) and Dewan

Negara (Senate).

The YDPA as the Head of State is the third

component of Parliament.

There are two main stages in the process:

Pre-Parliamentary Stage; and

Parliamentary Stage


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PRE-PARLIAMENTARY STAGE

Before a bill is introduced in the Parliament, the minister who

wishes to make a new law will need to provide a government

proposal.

Next, a meeting will be conducted with the relevant government

authorities and ministries to discuss and consider on the new

bill. Experts and interested outside bodies may be consulted.

After every member has agreed on the principles of the bill, it is

then send to the Parliamentary draftsperson in the attorney

Generals Chambers to draft the bill.

When the draft is completed, it will be sent to the Cabinet for

approval.

Only when the cabinet approves the draft, the bill can proceed

to the Parliamentary Stage to be introduced to the Members of

Parliament.


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A Government proposal

B Meeting between relevant government

authorities

C Drafting of bill by parliamentary

draftserson

D Cabinet approval of the bill


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PARLIAMENTARY STAGE

The legislative procedure in Parliament is provided in

Chapter V, Part IV of the Federal Constitution andthe Standing Orders of both Houses.

Article 62 (1) of the Federal Constitution empowers

the Federal parliament of Malaysia to regulate itsown procedures for legislative process.

The Standing Orders regulate the actual procedure

in the passage of a bill in parliament.

Article 66 (2), a Bill may originate in either Housealthough it most often originates in the Dewan

Rakyat.


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CONT

Article 67 (1), Bills also concerning tax or

expenditure (money or Supply Bills) must originate inthe Dewan Rakyat.

A bill is normally presented to the Parliament by the

minister responsible for that particular matter.

Article 66 (3), when a Bill has been passed by the

House in which it originated it shall be sent to the

other House; and it shall be presented to the Yang di

Pertuan Agong for his assent.

When a bill is introduced in one of the Houses, it is

passed through the following process.


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FIRST READING

When a bill is first introduced in one of the two

houses, only its title is accurately read.

After the bill is passed at this stage, its text isprinted and distributed.

No Bill shall be read a second time until it hasbeen circulated to members.

[Standing Order, 53(2)]


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SECOND READING

At this stage, the Minister or Member in charge of the

Bills explains its main purpose and the main issues ofpolicy involved.

Members debate the bill and the debate is limited to

the purpose of the Bills but not the details.

The Dewan then votes on the Bill and if the Bill

receives the requisite number of votes (either a simply

majority of members present and voting or a two-thirdmajority of the total number of members of the Dewan

in accordance with the requirements of the Federal

Constitution), it proceeds to the Committee stage.


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COMMITTEE STAGE

The purpose of the Committee Stage is to enableor consider the details of the Bill clause by clause

with appropriate amendments in a less formal

manner discussion.

At the end of the Second Reading, most Bills are

normally submitted to a Committee of the whole

House and, in fact, the House resolves itself into aCommittee on the Bill which is called Committee

Stage.


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CONT

However, sometimes, the Bill is not considered by

the Committee of the whole House but by a SelectCommittee or a Standing Committee which is the ad

hoccommittee which have the power to obtain the

view from the public.

Having passed the Committee Stage the Bill is

formally reported to the Dewan by the chairman of

the Committee.

At this stage the amendments made in the

Committee are considered by the Dewan, which may

make any additional amendment.


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THIRD READING

A third reading is the stage of a legislative process in

which a bill is read with all amendments and givenfinal approval by a legislative body.

Amendments may be put to a vote and, in order to

pass a Bill, two-thirds majority of votes are required.

However, sometimes, simple majority is sufficient to

get the approval of a Bill.

The House then either passes or defeats the bill.

If the Bill finally passes, it continues in the process, isthen sent to the other House for further

consideration.


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OTHER HOUSE

Article 66 (3), when a Bill has been passed by the

House in which it originated it shall be sent to theother House.

When a bill has passed one house, it is sent to the

other house, where it follows a similar pattern.

The Senate may amend the Bills and the

amendment on the Bills must send back to the

House that the bill originated to gain approval.

However, the House of Senate have limited power

as Senate has no power to veto, reject, or insist on

its amendments to a Bill passed by House of

Representative.


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CONT

Besides, House of Senate also has only limiteddelaying power as Senate is restricted to delay more

than one month for Money Bill and twelve months if

it is a non-Money Bill.

If House of Senate does not pass the Bill or

disagree with the House of Representative on its

proposed amendments, the Bill will be presented forRoyal Assent at the end of the specified period.

CONT


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CONT

Article 68 (1), where a money Bill is passed by the

House of Representatives and, having been sent to the

Senate at least one month before the end of the

session, is not passed by the Senate without

amendment within a month, it shall be presented to the

Yang di-Pertuan Agong for his assent.

Article 68 (2) Where -

(a) a Bill which is not a money Bill is passed by the

House of Representatives and, having been sent to theSenate at least one month before the end of the

session, is not passed by the Senate or is passed by

the Senate with amendments to which the House of

Representatives does not agree; and


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CONT

(b) in the following session (whether of the same

Parliament or not) but not earlier than one year after

it was first passed by the House of Representatives

the same Bill, and is not passed by the Senate or

is passed by the Senate with amendments to whichthe House of Representatives does not agree, the

Bill shall, unless the House of Representatives

otherwise directs, be presented to the Yang di-

Pertuan Agong for his assent with suchamendments, if any, as may have been agreed to by

both Houses.


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CONT

The only exception is a Bill amending the FederalConstitution as such a Bill requires requisite

majority in each House.

Thus, such a Bill cannot be presented for the Royal

Assent until it has been passed by both Houses as

stated in Article 68 (5) of the Federal Constitution.


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ROYAL ASSENT

When the bill passed both houses in accordance

with Article 68 of the Federal Constitution, it will be

passed to YDPA for his assent.

However, YDPA does not has power to veto or reject

any bill and he is required to give his assent within

30 days after a bill has been presented to him and ifsuch assent has not been given after that time, it

becomes law.


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CONT

Article 66 (4), the Yang di-Pertuan Agong shallwithin thirty days after a Bill is presented to him

assent to the Bill by causing the Public Seal to be

affixed thereto.

Article 66 (4A), if a Bill is not assented to by the

Yang di-Pertuan Agong within the time specified in

Clause (4), it shall become law at the expiration of

the time specified in that Clause in the like manner

as if he had assented thereto.


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PUBLICATION

Article 66 (5), a Bill shall become law on being

assented to by the Yang di-Pertuan Agong or asprovided in Clause (4A), but no law shall come into

force until it has been published, without prejudice,

however, to the power of Parliament to postpone the

operation of any law or to make laws withretrospective effect.

Publication is done in the Federal Gazette which is

Warta Kerajaan Malaysia.

Acts are published in Malay and in English and the

Malay text is authoritative text unless otherwise

prescribed.


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VOTING

Normally, a bill is adopted by a simple majority vote

of those members present and voting.

Article 159 (3), a Bill for making any amendment to

the Constitution shall not be passed in either House

of Parliament unless it has been supported onSecond and Third Readings by the votes of not less

than two-thirds of the total number of members of

that House.

The total number of members of that House means

not only those members present and voting but all

members in the House.


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CONT

The House of Representatives consists of 222 members of

Parliament (MPs) who won the election in their respective origin

place.

The Senate consists of 70 members, also known as Senators;

26 are elected by the 13 state legislative assemblies, 2

Senators for each state; 4 are appointed by the YDPA torepresent the three federal territories (Kuala Lumpur, Putrajaya

and Labuan). In this case, Kuala Lumpur will have 2 senators

and each for the others federal territories. The rest 40 members

are appointed by the YDPA on the advice of the Prime Minister.

Dewan Rakyat: 222 members required 148 votes

Dewan Negara: 70 members required 47 votes


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LEGISLATIVE PROCESS AT THE STATE

ASSEMBLIES

The legislative procedure in the State Assemblies isalmost similar to that in the Federal Parliament with

some local variations.

Bills are passed by the one chamber LegislativeAssembly and assented to by the Ruler or Yang di-

Pertua Negeri before becoming law.

No law can come into force until it is published.

The same principle of voting procedure is used in the

State Assemblies except the law relating to Malay

Reservations.


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CONT

Article 89 (1), any land in a State which immediately

before Merdeka Day was a Malay reservation inaccordance with the existing law may continue as a Malay

reservation in accordance with that law until otherwise

provided by an Enactment of the Legislature of that State,

being an Enactment

(a) passed by a majority of the total number of members of

the Legislative Assembly and by the votes of not less than

twothirds of the members present and voting; and (b) approved by resolution of each House of Parliament

passed by a majority of the total number of members of

that House and by the votes of not less than two-thirds of

the members voting.


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CONT

For example: 60 members in the State Assembly.

Only 40 members presented and 31 voted for theBill.

Then, the bill is considered passed.

Bur if all 60 members present, 31 votes wouldmerely constitute a simple majority.

In this case the minimum requirement would be 40

votes to be twothirds of the members present and

voting.Members who are not present during a sitting will

be not eligible to vote and proxy voting is not

acceptable.


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THANK YOU

Documents

76494102 10 Legislative Process