GROUP ASSIGNMENT

MPU2163-MLY2

MALAYSIAN STUDIES

UCDF1505ICT (SE)/ ICT

Name : Kho Zhi Yuen, Hoo Jun Yi, Yap Doing Ying, Wong Chun Wai, Ngu Huey Han, Muhammad Firdaus bin Mohd Zazilee, Suhan Raj A/L Manokaran, Boo Kuok Jian, Prrasannath A’L Guna Mohan, Yap Ming Jun, Poh Chun Wai, Fong Suo Xuan

TP Number :TP038123, TP038701, TP038324, TP038678, TP039082, TP039057, TP038464, TP038810, TP038583, TP039148,

Lecturer Name : SURESH A/L S. SAMINATHAN

Submission Date : 2nd of August 2015

TABLE OF CONTENTSTABLE OF CONTENTS...........................................................................................................2

I. ABSTRACT.......................................................................................................................3

II. INTRODUCTION..............................................................................................................4

III. ANALYSIS OF CONTENT...........................................................................................5

1. INTRODUCTION OF PARLIAMENT OF MALAYSIA.............................................5

2. FUNCTIONS OF PARLIAMENT.................................................................................6

3. COMPARISON BETWEEN THE PARLIAMENTS OF MALAYSIA AND UNITED KINGDOM............................................................................................................................7

THE DEWAN NEGARA VS. HOUSE OF LORDS.........................................................7

LORD HANSARD.............................................................................................................7

4. ANALYZE PROBLEMS OF MALAYSIA’S PARLIAMENT.....................................8

POLITICAL EQUALITY AMONG MALAYSIAN CITIZENRY...................................8

LEVEL PLAYING FIELD AMONG POLITICAL PARTIES.........................................8

5. TRAINING MEMBERS OF PARLIAMENT FOR SPECIFIC SKILLS.......................9

6. AVOID ABUSE OF STANDING ORDER BY MINISTER.........................................9

7. PROPER SETUP OF YOUTH PARLIAMENT...........................................................10

8. PUBLIC ACCOUNTS COMMITTEE.........................................................................11

9. SETTING UP OF SPECIALIST PARLIAMENTARY SELECT COMMITTEES.....12

10. IMPROVE ATTENDANCE DURING PARLIAMENT MEETINGS.....................12

11. COMPREHENSIVE DEBATE WHEN PASSING BILLS......................................13

COMMITTEE STAGE....................................................................................................13

ROYAL ASSENT............................................................................................................13

IV. CONCLUSION.............................................................................................................15

V. REFERENCES.................................................................................................................16

VI. APPENDIX...................................................................................................................17

I. ABSTRACT

The project we are given is to analyse the effectiveness of the Parliament and propose

any changes that deem necessary to increase the efficiency of it. The main aspect we are

coming from as a team is to compare successful countries that are running similar systems to

Malaysia and from there, note down any reasons of different outcomes we gathered. The

importance of our work is to show the real behind-the-scenes of the legislature branch and

update while raising the awareness and understanding about the Parliament’s current status to

university and college students.

The scope of our work ranges from first introducing the Parliament of Malaysia to

comparing the legislature branch of Malaysia to other countries and coming up with logic and

rational solutions that we think might solve the problems our country is facing currently. We

used analysis data from online resources, articles from e-newspapers and interviews to help

us complete the project. We are mainly focusing on researching on United Kingdom’s

parliamentary system to get more knowledge about the mismanagement of the Parliament of

Malaysia. The result of the research is significantly useful as they are shown as contribution

to our project.

This project will definitely deepen one’s knowledge about the legislature branch of

Malaysia while providing as an interesting piece of reading to everyone from different age

range.

II. INTRODUCTION

How much do you understand about the legislature branch of Malaysia? Do you only

read articles online and in newspapers? Do you know how much are those filtered or false?

We believe that our readers are aware that the Parliament is regularly referred to as a rubber

stamp. What does the term ‘rubber stamp’ means is in a political metaphor that a person or an

organisation that gives automatic approval without proper consideration.

In facts, the Parliament plays the important role of reviewing the bills and laws

proposed by the Executive and to debate whether the bills should be accepted and made into

amendments. In recent cases, the Parliament is proved to be approving bills without proper

consideration under the orders of the Executive. Members of Parliament especially the

oppositions are silenced from asking further questions or pressured by the Sedition Act. The

act of justice and fairness does not exist while debating for the rights and welfare of the

citizens anymore.

As an example, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia recently speak

up about wanting to resign because of the perception that the Speaker works under the orders

of the executive body and the concept of separation of powers between the legislative and the

executive branches of government no longer exists. As supported by the interview with YP

Nurul Izzah as well, she has given our team full assurance that indeed this serious issue exists

and should be changed for the betterment of the country.

If this issue continue to proceed, it will greatly affect the country’s ability to produce

good laws for the citizen’s welfare and a corrupted government will be presented.

III. ANALYSIS OF CONTENT

1. INTRODUCTION OF PARLIAMENT OF MALAYSIA

The Parliament of Malaysia is the national legislature branch of Malaysia, based on

the Westminster system. Westminster system is a democratic parliamentary system of

government modelled after the politics of the United Kingdom. The bicameral parliament

consists of the Dewan Rakyat and Dewan Negara. Bicameral system is one in which

legislator are divided into two separate assemblies. The Parliament assembles in

the Malaysian Houses of Parliament, located in the national capital city of Kuala Lumpur.

The Dewan Rakyat consists of 222 members of Parliament elected from single-

member constituencies drawn based on population in a general election using the first-past-

the-post system. A general election is held every five years or when Parliament is dissolved

by the Yang di-Pertuan Agong on the advice of the Prime Minister. The age requirement to

stand for election is 21 years old and above. When a Member of Parliament dies, resigns or

become disqualified to hold a seat, a by-election is held in his constituency unless the tenure

for the current Parliament is less than two years, where the seat is simply left vacant until the

next general election.

The Dewan Negara consists of 70 Senators; 26 are elected by the 13 state assemblies (2

senators per state), 4 are appointed by the Yang di-Pertuan Agong to represent the 3 federal

territories (2 for Kuala Lumpur, 1 each for Putrajaya and Labuan). The rest 40 members are

appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister. Senators must

be 30 years or above, and are appointed to a three-year term for a maximum of two terms.

The dissolution of the Parliament does not affect the Dewan Negara. (Anon., 2015)

2. FUNCTIONS OF PARLIAMENT

First of all, the Parliament has the power to make laws by the way of Dewan Rakyat

and Dewan Negara passing a Bill and assented by the YDPA. A Bill can be proposed by

either Dewan Rakyat or Dewan Negara. A ‘Money Bill’ must be proposed by Dewan Rakyat

and a minister.  All Bills passed by both of the Houses of Parliament must follow certain

rules and procedures of the Houses.

Next function is they control how the country’s money is spent. If the money from the

Consolidated Fund is to be used by the government, it must first be approved by the

Parliament. The Dewan Rakyat has also set up a special committee called the Public

Accounts Committee (PAC), which is made up of members of Parliament. The PAC reviews

the spending of money by the government. The PAC conducts these reviews either on its

own, when it is directed by the Dewan Rakyat or when it receives complaints from the public.

After that, the PAC can make recommendations to take further action.1

The third function is overseeing how the federal government runs the country. In

every parliamentary session, there is a daily “Question Time” where members of Parliament

and Senators can question ministers and civil servants. During Question Time, they can ask

for explanations regarding the actions and running of the government. In Dewan Rakyat,

members of Parliament can also ask the Speaker for permission to debate matters of urgent

public importance. If permission is granted and the matter is debated, the Dewan Rakyat can

pass a resolution for the government to take action on the matter.

The last function is they discusses the concern faced by Malaysian. When members of

Parliament gathered to discuss problems faced and want to raise an issue of awareness in

certain fields, they are able to propose a ‘Bill’ to undergo debating and tabling. Through

parliamentary session, maintenance and improvement of living standards of

Malaysians is secured. (Mail, 2010)

1 Quoted in The Malaysian Bar, 24th September 2010, Rakyat Guides 4 - Part 2

3. COMPARISON BETWEEN THE PARLIAMENTS OF MALAYSIA AND UNITED KINGDOM

It is true that the Westminster Parliament of the United Kingdom and Malaysia’s

Federal Parliament uses the ‘first-past-the-post’ system. Both are bicameral legislatures, with

one elected House and another appointed. What are the differences that distance both and

resulted the poor management of Malaysia’s legislature branch?

THE DEWAN NEGARA VS. HOUSE OF LORDS

The Dewan Negara is the upper house of the Parliament of Malaysia. Its members are

nominated by state assemblies’ and also selected by the King on the advice of the

government. The Malaysian parliament has a major weakness as its members are mainly

made up of the ruling party and it has less authority to push a bill away or review it, thus its

existence is just a rubber stamp to pass any bills. In United Kingdom, the House of Lords,

members can be nominated by the public and political parties. Once approved by the prime

minister, appointments are formalized by the Queen. The House of Lords also have vast

authority in passing bills. The Lords plays an essential role in improving bills, highlighting

problems and making them workable. “In the 2013-14 session, Lords spent 532 hours

examining 62 bills.”2 Members of the Lords cast their votes on bills in the chamber by

entering either the ‘content’ or ‘not content’ lobby. The House of Lords plays an important

role in checking and challenging the decisions and actions of the government through

questions and debates.

LORD HANSARD

Hansard is a substantially verbatim report of what is said in the House of Lords each day. It is

available online approximately three hours after a debate and in hard copy the following

morning. The Lords and Commons have separate reports. Lords Hansard includes all

business in the House and its committees, such as debates, division results, Grand Committee

proceedings, written ministerial statements and written answers to questions. A definitive

bound volume is also published some weeks later and represents the final version of

proceedings in the House of Lords. As shown in the appendix, you can see that the Lords

2 Quoted in Work of the House of Lords, section – What the Lord does?

Hansard in the United Kingdom is full of content and well-organised while in Malaysia’s

case, it is shown empty. (Anon., n.d.)

4. ANALYZE PROBLEMS OF MALAYSIA’S PARLIAMENT

As a team, we believe in order to have a transparent parliament, we must set foot

inspecting the wrong-doings in the electoral system as well to further gather more

information to pin point the reasons of the mismanagement of the legislature branch.

POLITICAL EQUALITY AMONG MALAYSIAN CITIZENRY

Parliamentary Voting System and Constituencies Act 2011 uphold the principle of

‘one person, one vote, one value’ in the United Kingdom. The number of voters in each

constituency would be more or less the same. On the contrary, In the recent elections in

Malaysia, for example, the parliamentary seat of Kapar had 144,369 voters, while Putrajaya

had only 15,798 voters. This would help to prevent any form of over-representation, under-

representation and inequality in voting power. To risk stating the obvious, there is a disparity

between the popular vote and the seats won in the federal parliament of Malaysia in GE13;

although Pakatan Rakyat won 51 per cent of the popular vote, the coalition only attained 89

seats, which is only slightly more than 40 per cent of the seats. (Anon., 2013)

LEVEL PLAYING FIELD AMONG POLITICAL PARTIES

The UK Parliament’s commitment to free and fair elections has also led to the

enactment of the Fixed-Term Parliaments Act 2011. This Act removes the Prime Minister’s

discretion in advising the Queen on when to dissolve Parliament and call for fresh elections.

In other words, the Prime Minister would not be able to call for elections to his party’s

political advantage. The elections would then occur regularly in a fixed five-year cycle. This,

of course, is absent in Malaysian parliamentary laws. Article 55 of the Federal Constitution

allows the dissolution of parliament by the Yang di-Pertuan Agong (at the request of the

Prime Minister) prior to the five-year limit. This is problematic as it exhibits signs of

manipulating the boundaries to establish political advantage for the incumbent government.

This is what is severely lacking in the Malaysian democratic processes and ought to be

addressed.

As our conclusion, after displaying significant differences of the Parliament between

Malaysia and United Kingdom while analyzing the problems shown above, we can definitely

get a good grip of the idea of how a good Parliament looks and acts like. Through this, we

proposed 7 solutions to further improve the effectiveness of the Parliament.

5. TRAINING MEMBERS OF PARLIAMENT FOR SPECIFIC SKILLS

This is a program feature that support the parliamentary development to provision

training for members of Parliament. When they are elected to become one of the members of

Parliament, it is compulsory for them to attend this training. This training is targeted to build

specific skill that associated to their specific role. Other than that, experiential forms of

training programs are given to the members of Parliament to acquired new knowledge, skills

and abilities that can greatly improve performance, to the benefit of the parliament.

Through this training, the members of Parliament develop critical thinking skills and

the way they manage the parliament so that they won’t easily approve on anything without a

solid reason. Given an examples, members of parliament in United Kingdom undergo

training workshops covering subjects such as presentation, communication skills, dealing

with the media, and election procedures to further improve the efficiency of Parliament.

Based on their website, they are also encourage to take responsibility for their own

development and keep up to date with current affairs by reading journals, magazines and

newspapers. You will also stay updated with current issues of your constituents by attending

local functions or through your advice sessions.

Meanwhile in Kenya, the Centre for Parliamentary Studies and Training (The CPST)

provides training and capacity development of both the Members and staff of Parliament.

In a nutshell, we should learn from both Kenya and British to train the members of

parliament in terms of specific skills.

6. AVOID ABUSE OF STANDING ORDER BY MINISTER

What is Standing Order? Standing Order is an order that remains in force until

specifically changed or withdrawn, especially one relating to military or parliamentary

procedure. The Minister have invoked Standing Orders and their deputies in order not to give

way to opposition member of parliament when replying during debate. Moreover, Minister

and their deputies relied on the Standing Orders to avoid answering the question of

opposition of members of parliament, causing abused of Standing Orders. The Dewan Rakyat

speaker and deputy speakers should not interpret the Standing Orders in a narrow manner but

should give due regard to the principle of democracy to prevent inefficient and irresponsible

Ministers and their deputies from seeking refuge under the rules of the House.

Instead the members of parliament should practice things like freedom of speech such

as freedom from arrest in civil cases. Freedom from service of court documents within the

parliamentary precincts Absolute protection of all papers published by order of either House.

As we had conducted an interview with one of the members of Parliament of PKR, we

have come to know that there is currently no parliament immunity because of the existence of

Sedition Act as well.3 Sedition Act was introduced by the British colonial government in

1948 to use against local communist insurgents. Today, this law bans any act, speech or

publication that brings contempt against the government or Malaysia’s nine royal sultans.

Those found guilty of sedition act face fines and jail terms of up to three years. It covers their

speech during debate much too often and offenders are silent and investigated. These should

not be used abusively for the fairness for all members of Parliament. 4

7. PROPER SETUP OF YOUTH PARLIAMENT

Using Scotland as an example, the Scottish Youth Parliament is made up of MSYPs.

This is what we call the Members of the Scottish Youth Parliament.

The work and activities of the Scottish Youth Parliament is the Scottish Youth

Parliament has represented the view of young people in Scotland through three

manifestos launched to coincide with Scottish Parliamentary elections in 2003, 2007 and

2011. Besides, the Scottish Youth Parliament’s 2011 “Change the Picture” manifesto was

published following a nationwide consultation that received 42,804 responses from young

people. (Anon., n.d.)

Meanwhile in Malaysia you can see that some groups are obviously under-

represented.  As an example, the initial estimates of the number of youth in each state, where

each 100,000 youth would be given one representation, Sarawak was supposed to have 10

3 Quoted by YB Nurul Izzah, 21th August 2015. 4 Quoted by YB Nurul Izzah, 21th August 2015.

representatives. In the actual youth parliament, only 5 positions were allocated to Bumiputera

Sarawakians.

The youth parliament is a good idea and a good start in allowing more democratic

discourse especially among the younger generation, but it should not evolve into an insider’s

club that is not representative of the larger youth population in the country.

Quoted from one of the YB we interviewed: I applaud the effort of a youth parliament

– but where is the cross partisan engagement? There needs be to proper institutional set up

made to ensure the parliament does not fall victim to the rubber stamp nature of our own

House.5

8. PUBLIC ACCOUNTS COMMITTEE

In Malaysia the Public Accounts Committee is a standing committee of the Dewan

Rakyat, the lower house of parliament of Malaysia.

The current practice of a member of the ruling party heading the Public Accounts

Committee is one that is not recommended. Unlike Malaysia, in the House of Commons in

the United Kingdom, the tradition has been to choose the Chairman of the PAC from the

Opposition. This is the main reason why the PAC in Malaysia had been unable to have the

same kind of impact as its counterparts in the United Kingdom and other countries, which

continued with the proper practice of appointing an Opposition MP to head the PAC. (Anon.,

n.d.)

It is to ensure that public funds are utilised for purposes prescribed by Parliament so

that corruption, wastage are minimised and to avoid any government financial abuses,

excesses or malpractices. In this regard, the annual PAC report should be transparent and

under good governance. Unfortunately, PAC reports in our country do not attract serious

interest from the public because without an Opposition member to head the committee, the

latter cannot fully realise its role as the highest custodian of public accountability.  

As support by YP Nurul Izzah, she mentioned that it would be only right to appoint a

senior member of the Opposition to head the PAC to avoid it becoming obsolete and

5 Quoted by YB Nurul Izzah, 21 August 2015.

ineffective because it is supposed to acts as a check and balance. Half of the membership of

the PAC should come from the Opposition as well, only then can the PAC reinvent itself so

as to be more robust and reform-minded and play a further role in initiating the modernisation

of the public accountability system as an integral part of the modernisation of government.

(Izzah, 2015)

9. SETTING UP OF SPECIALIST PARLIAMENTARY SELECT COMMITTEES 

Specialist parliamentary select committees covering various fields and areas such as

finance, economy, education, information technology, housing and defence should be

established in order to increase the efficiency of Parliament. It will enable members of

Parliament to gain real knowledge of their fields and be truly competent in those areas. It

would also give greater meaning to the principle of parliamentary control and ensure closer

scrutiny of the Executive. 

In fact, many other Parliaments in the Commonwealth have adopted such a practice

where a specialised committee is set up for almost every Ministry. For instance, the House of

Commons in the United Kingdom has 34 Select Committees, some of which include Public

Accounts Committee, Procedure Committee and Joint Committee on Parliamentary

Privileges, and specialist committees such as Agriculture Committee, Education and

Employment Committee, Environment Audit Committee and International Development

Committee, just to name a few.  (Anon., n.d.)

What will we be able to notice if such specialised committees are set up? First and

foremost, better handling of bills from different and various fields. Next, we may be seeing

less of the term ‘parliament is a rubber stamp’ applied because with better knowledge of the

field, MPs know their rights and they will stand firm to pursue it. This eliminates letting the

Executive gets what it wants.

10. IMPROVE ATTENDANCE DURING PARLIAMENT MEETINGS

The problem of lack of quorum in the House is a perennial one, which has been

highlighted time and again. Concern had been expressed by the prime minister himself over

the poor attendance of MPs in the House. As elected representatives, all members of

Parliament, including ministers, should ensure that they are regularly present during question

time or debates. There are many ways to improve the Parliament attendance.

One of the ways to improve the Parliament attendance is raise the salary to those

whom attendance is above 80 % and meanwhile reduce salary or send warning letters to those

below 50%. The second one is set a website or webpage of Parliament that includes

information, daily workings and also attendance, so it can let all the citizens know how the

meetings work and attendance of MPs do. Besides that, introduce an electronic system that

will detect the attendance of member, they need clock in and clock out so that we know their

attendance or whether they will leave early or not. The next way is set a rule to those who are

new members of Parliament to achieve 100% attendance in first 2 months and the last one

is National Party should release records of their own MPs attendance.

  As my conclusion, if the parliament implies these rules, we can expect a dramatic

change in the attendance of MPs and this will further lead to the betterment of the parliament.

11. COMPREHENSIVE DEBATE WHEN PASSING BILLS

Another reason why Malaysia’s Parliament is referred to as rubber stamp is because

passing Bills in Malaysia is too easy. They should learn from both Canada and United States

of America of their extra elements applied in different stages to have better control and

comprehensive debate when passing Bills.

COMMITTEE STAGE

In Canada, during Committee Stage, Committee members hold hearings or special

meetings where different people inside and outside government can make comments about

the bill. The committees can ask for government officials and experts, or witnesses, to come

and answer questions. Meanwhile in Malaysia it is only between the Members of Parliament.

ROYAL ASSENT

In the U.S., in order to be recognise as law, a bill had to be signed by the President. His

signature, is important for the bill to be written as law. If the President decline the bill, it will

be passed back to congress to be debated, discuss and revise the bill. Meanwhile in Malaysia,

YDPA only have 30 days to give his consent for the new bill. After 30 days, with or without

the consent of the YDPA, the bill can implemented as law and written in the Federal

Constitution as a recognize law with the power of Article 66. Next, the government should

not neglect bills proposed by ordinary citizens. Their voices might bring benefits for the

government in term of making policies or administration. When it comes to debating bills,

U.S and Canada’s way of doing it is greatly admirable and we should look up to it.

IV. CONCLUSION

As what YB Nurul Izzah mentioned in the interview, Malaysia’s Parliament is in

supreme authority of the ministers, government and Executive. It is just not rumors you see

on Facebook anymore but according to her, this is the reality. Rulings party is taking control

everywhere. “How can there be parliament immunity when Sedition Act is used too often and

abused?” she said. Members of Parliament are silent and investigated when a slightly

sensitive question is brought up. She said so herself that the more effective the parliament is,

the more serious it will be treated. In Malaysia, there is no impact of your argument in the

main house and the Dewan Negara is a sycophant to the government. Let us have a mental

image in mind, in Malaysia, whatever the Executive wants, whatever it desires and decides, it

gets. That is the reality, our parliament is an approval machine and rubber stamp. (Izzah,

2015)

How do we make amendments to this? According to YB Nurul Izzah, as students we

are the new generation, the light, and the ones that can change the situation Malaysia is

facing. As young and informed one's, we need to think rationally and install a democracy,

one where race is no longer the determinant factor but all people are Malaysians and are

proud of their country, not only their race.

Our group’s view on the findings is that this results as an eye opener to all of us. A

path of new knowledge and information is unlocked and it brings us to understand more

about our country and learn how to fight for justice and fairness. We learnt that not

everything that is displayed online and in newspapers is the truth and it can only be

uncovered and shown by the witnesses of the corruptions. We also learnt that indeed we are

the young and informed ones, the country’s future lays within our hands.

V. REFERENCES

Anon., 2013. Aliran. [Online] Available at: http://aliran.com/thinking-allowed-online/ta-online/first-past-the-post-system-a-malaysia-uk-comparison/[Accessed 18 08 2015].

Anon., 2015. Inter-Parliamentary Union. [Online] Available at: http://www.ipu.org/parline/reports/2198.htm[Accessed 27 7 2015].

Anon., n.d. DAP Malaysia. [Online] Available at: http://dapmalaysia.org/all-archive/English/2002/nov02/bul/bul1835.htm[Accessed 28 7 2015].

Anon., n.d. Parliament of U.K. [Online] Available at: http://www.parliament.uk/business/lords/work-of-the-house-of-lords/lords-hansard/[Accessed 26 8 2015].

Anon., n.d. Scottish Youth Parliament. [Online] Available at: http://www.syp.org.uk/about-syp-W21page-94-[Accessed 22 8 2015].

Izzah, Y. N., 2015. YB [Interview] (21 8 2015).

Mail, M., 2010. The Malaysian Bar. [Online] Available at: http://www.malaysianbar.org.my/constitutional_law_committee/myconstitution_making_the_law.html[Accessed 14 8 2015].

VI. APPENDIX

Lord Hansard for Malaysia.

Lord Hansard for United Kingdom.