UNDERSTANDING LEGISLATIVE PROCESS
LEGISLATIVE
PROCESS
(continue from earlier entry)
In Malaysia,
the legislative authority at the Federal level, is vested in Parliament.
Parliament
Legislation is
enacted by Parliament by introducing a Bill which is passed by both Dewan
Rakyat and Dewan Negara, and assented to by the Yang di-Pertuan Agong.
In Malaysia,
there are four types of legislation considered by Parliament. These are:
- Public or government Bill
Public bills
include bills on matters of general public interest such as national defence,
public order and taxation.
ii.
Private Bills – deal with
matters of Local and Personal concern. Private
Bills are those affecting limited or particular persons or group of persons,
associations, organisations or bodies.
iii.
Private
Members’ Bill
Private
Member’s Bill are those introduced by any member of the legislature other than
a minister or assistant minister.
Only twice
private member’s Bill been introduced and both unsuccessfully:
a. By
Dr Lim Chong Eu (MP for Tanjung) on 15 June 1966 to amend the Federal
Constitution. He was granted leave to introduce the Constitution and Malaysia
Act (Amendment) Bill to amend Article 159(3) of the Federal Constitution by
providing for a mandatory interval of at least one month between the date of
introduction of a Bill amending federal Constitution and the date upon which
such Bill was to be taken through its second reading.
b. By
Tengku Razaleigh Hamzah (MP for Gua Musang) in 1988 to amend the Societies Act to
reinstate the UMNO following it’s deregistration after being declared illegal
by the High Court.
- Hybrid Bills
Hybrid
Bills may be of general application and are introduced by either a minister or
private member but they belong to that class of Bills which, in the opinion of
the speaker as the case may be appear to affect individual rights or interests
adversely.
Procedure for
the enactment of an Act of Parliament
There are two main stages in the process: Pre-parliamentary and
Parliamentary.
1. Pre-parliamentary Stage
This covers the proposal, consultation and drafting stage. The proposal
may come from organizations, bodies or government after taking account some
events or considerations. Such as before General Election, Barisan Nasional in
their manifesto promised to make law set up a commission to prevent corruption.
Therefore, after they become Government, they have to make law to set up the
agency.
Government will make consultation with bodies related, get opinions from
expert and make research including get other countries’ experience. After
completion this stage, the matters to be include in the law will sent to AG
Chambers for drafting. After approval by the cabinet, the Bill is ready to be
introduced into Parliament.
2. Parliamentary Stage
The
procedure is set out in Chapter 5, Part IV of the Federal Constitution and
Standing Orders of Dewan Rakyat and Dewan Negara. The Standing Orders regulate
the actual procedure in the passage of a Bill in Parliament. These rules have
been drawn up under powers conferred by Article 62 of Constitution which
empowers each House to regulate its own procedure.
First
Reading
This
is a mere formality and may take place even if the Bills has not been printed
and circulated. The minister presents the Bill by having its short title read
by the clerk of the Dewan. There is no debate or amendment at this stage of the
proceedings.
Second
Reading
It occurs only when the
bill is printed and circulated. The Second reading is preceded by a motion to
this effect:
“Mr Speaker, Sir, I beg to move that a Bill
(name of the bIll) be now read a second time.”
This motion requires to
be seconded. The minister outlines the main principles of the bill. A debate on
principles ensues. If the bill receives the requisite number of votes, it
proceeds to Committee Stage.
Committee
Stage
At
the end of the Second reading, the Bill is committed to a committee of the
whole of House. In effect, the House resolves itself into a Committee on the
Bill. This is called the Committee Stage and it is intended to allow members
the opportunity to discuss details of the Bill and to propose amendments in a
less formal proceeding.
When
discussion is completed in Committee, the minister moves a motion to report the
Bill under consideration to the House. If the motion is accepted, the House
will resume sitting and this brings the Committee Stage to an end.
Sometimes
a Bill is not considered by the Committee of the whole House but by a Special Select Committee. This is an ad hoc Committee appointed for a
particular purpose. The size and members to be nominated to the Committee will
be determined by a Committee of Selection.
Third
Reading
When
the House resumes sitting, the minister reports that the Bills has been
considered and accepted by the Committee with or without amendments. He then
moves a motion that the Bill be read a third time and passed. If the motion is
accepted, the Bill is considered passed. The formal motion is as follows:
“Mr.
Speaker, sir, I beg to report that (name of the Bill) has been considered in
committee and has been agreed to with (or without) amendments. Sir, I beg to
move that the Bill be now read a third time and passed.”
Other House
When
a Bill has been passed in the manner described above in either House, it is
then transmitted or sent to the other House for consideration. When the Bill
has been considered by the other House in a similar fashion, it is returned to
the House from which it originated.
Royal Assent
The
Yang Dipertuan Agong is an integral part of parliament. His assent is normally
required before a Bill becomes law. Clause 4 of article 66 reads:
“The
Yang Dipertuan Agong shall within thirty days after a Bill is presented to him
assent to the Bill by causing the Public seal to be affixed thereto”.
This
clause did not exist in the original version of the Constitution (1957 and 1963
version). It was a later addition which was first came into force from 20 January
1984 and later further strengthened. Where the royal assent is not affected
within a time specified, the Bill becomes law as if it had been assented. This
new provision clearly took away the Royal discretion and imposed a time frame
for approval. The time frame is one month for Money Bill and twelve months if
it is not Money Bill.
UNDERSTANDING LEGISLATIVE PROCESS
Reviewed by Kamaruddin Mahmood
on
10:49:00 PTG
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