October 5, 2012
Speaker issues gag order on PAC
Last updated on 5 October 2012 – 12:06pm
by Hemananthanani Sivanandam and Alyaa Alhadjri at the Dewan Rakyat yesterday
KUALA LUMPUR (Oct 4, 2012): Speaker Tan Sri Pandikar Amin Mulia
has issued a gag order on the Public Accounts Committee (PAC) members, preventing them from revealing to the media any details of committee proceedings before they were presented to the House.
In a letter dated June 27, he cited Standing Order 85, reminding the committee that it is an extension of the Dewan Rakyat. “By right, the House must be informed first if there are any investigations done by a committee.Thus, if details or statements were made available to other parties, it is against the rights and privileges of the House,” he said.
According to the order, the evidence taken before any Select Committee and any documents presented to the committee must not be published by anyone before the committee has presented its report to the House.
It is believed that the letter, made available to the media today, was issued as the committee members, in the past, have revealed details of PAC’s probe into several controversial issues.
Pandikar Amin said to ensure that the integrity, rights and privileges of the House are maintained, it is best that PAC members do not disclose evidence or discussion of the matters investigated or presented to the committee to the media before a report is tabled in Parliament.
He hoped the PAC would take proactive measures to protect and enforce the order. “If it is not controlled or warned, preventive action will be taken against anyone who disobeys or fails to comply with the requirements of this standing order.This is to ensure that any evidence or statement given is protected from any manipulation or exploitation due to the interests of certain parties,” said Pandikar Amin.
In an immediate response, PAC chairman Datuk Seri Azmi Khalid confirmed the letter has been circulated to all PAC members.
“As PAC members, we have to respect the Speaker’s advice. The problem is, the rakyat sees PAC in a different manner.Under today’s environment, it is very difficult to prevent the media from reporting. PAC will lose its stature if the instruction or advice is followed strictly,” said Azmi in a text message to theSun.
He added that as the Chairman, it is incumbent on him to avoid making conclusions before the final decisions are made, thus his media statements “are always guarded”.
“In some countries, PAC inquiry is open to the public … So, if we are to move forward, we should be ready to make changes,” said Azmi.
“I believe it is only through sincere transparency that we can mitigate and avoid repeated mistakes reported by the auditor-general annually.But of course, in the end, it is up to the rakyat and the Parliament to decide.
It is quite known that the PAC is a waste of time. No action is taken and the public is kept in the dark of its work and deliberations. It is supposed to be an oversight body to take up issues that have been identified in the Auditor-General’s Annual Report to Parliament. It is ineffective since its findings and comments carry no weight with the government. That being the case, it should either be revamped or disbanded.
I feel sorry for Dato Seri Azmi Khalid who is torn between his role as PAC chairman and his membership of the ruling UMNO party which controls Putrajaya. Knowing that the PAC is toothless, he should not have accepted this thankless job. So he must bear some responsibility for its ineffectiveness.–Din Merican
“Pandikar’s gag order breaches Standing Orders: PAC answers to whole of Parliament, not to Speaker.” MC.
Refer http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=42032:pandikars-gag-order-breaches-standing-orders-pac-answers-to-whole-of-parliament-not-to-speaker&Itemid=2
Pandikar’s Gag Order breaches Standing Orders
by N. Surendran@www.malaysia-chronicle.com
On October 4, 2012 it was reported that the Speaker of the Dewan Rakyat Pandikar Amin Mulia had issued a letter to the Public Accounts Committee (PAC) imposing a gag order on their proceedings. This peremptory letter from the Speaker is in breach of the standing orders and disregards the powers and duties of select committees such as the PAC.
Pandikar’s direction is a transparent attempt to protect the scandal-ridden BN government from the embarassment of more revelations of financial misconduct, corruption and irregularities.
Standing Order 85, which is relied on by Pandikar, only prohibits disclosure of specific evidence and documents taken by the PAC. It does not authorize a blanket gag order upon the PAC as directed by Pandikar.
It should be noted that the PAC, which is established pursuant to Standing Order 77, is a committee of the Dewan Rakyat and responsible only to the Dewan Rakyat as a whole.
Speaker should not bend over backwards to please political masters.
The Speaker has no business sending peremptory directions to the PAC as has been done by Pandikar in this case. It is nothing less than an attempt to emasculate select committees such as the PAC, consistent with the BN’s longstanding treatment of Parliament as a glorified rubber stamp.
In any modern and functioning parliament, select committees are a crucial tool for scrutiny and deliberation of executive acts and public spending. In contrast to Pandikar’s conduct, the Speaker of the House of Commons John Bercow has recently called for select committees to be given extensive new powers to enable them to carry out their task of public scrutiny.
As Speaker of the Dewan, Pandikar must protect the dignity and privileges of Parliament, and not bend over backwards to please his political masters in the BN. We call upon the Speaker to withdraw the letter, and allow the PAC to carry out its duties without interference or harassment.
All these bodies, PAC, royal commission of enquiry, and any other bodies set up by those in power are just to send the tax payers money down the drain, or give them good reasons to put their cronies into the payroll.
“Knowing that the PAC is toothless, he should not have accepted this thankless job.” — Dato Din Merican
As chairman he is the face of PAC. Maybe he ought to make an appointment to see Datin and have dentures made for him.