NOVEMBER 26 ― In “Parliament Service Commission among first of institutional reforms” I called for the new government to manifest its commitment to institutional reforms by re-establishing the Parliament Service or better, establish the Parliamentary Service Commission.
It now dawns on me that the first key institutions that present the first opportunities for institutional reforms are the offices of the Speaker and Deputy Speaker.
If and when Dewan Rakyat is convened on December 19 as announced by Prime Minister Anwar Ibrahim, it will be the first day of the meeting of the House after a general election.
On that day, members of Parliament (MPs) will be seated in accordance with such an arrangement as the Setiausaha of the House may determine.
The Setiausaha shall then read the Proclamation of the Yang di-Pertuan Agong which summons the meeting. The Order of Business on that day shall first be the election of the Speaker. The election of Deputy Speakers is next after the taking of oath of office by the elected Speaker and MPs.
The House is mandated by Article 57(1)of the Federal Constitution to elect (a) a Speaker who either is an MP or is qualified for election as an MP and (b) two Deputy Speakers from among the MPs.
This seems trivial but is very important, not only because the House shall not transact any business while the office of Speaker is vacant, but it is the first of institutional reforms that can be carried out as promised in the manifesto.
The word is “elect” and it means to choose someone to hold public office or some other position by voting. (Emphasis added)
The procedure is as follows:
1. Every MP who wishes to propose a person who is either an MP or is qualified for election as an MP as the Speaker shall ascertain previously that, that person is willing to serve if elected, and shall notify the Setiausaha of his proposal in writing at least 14 days before the meeting.
2. The MP shall propose in the House and move: “That ............(naming the MP or person, both of whom must be present in the House) do take the chair of this House as Yang di-Pertua.” The proposal shall be seconded, but no debate shall be allowed.
3. If only one MP or person is proposed and seconded as the Speaker, he shall be declared by the Setiausaha, without question put, to have been elected.
4. If more than one MP or person is proposed and seconded, the House shall proceed to elect a Speaker by ballot.
The ballot process is laid out in Standing Order 4(5)-(7) of the Standing Orders of the Dewan Rakyat.
For the election of the Deputy Speakers, the procedure is the same, or as nearly as may be, as the election of the Speaker, only that the election shall be conducted by the Speaker.
Since the procedure requires 14 days to notify the Setiausaha in writing, the proclamation to summon the 15th Parliament under Article 55 must be no less than 14 days before the date appointed for its first meeting.
So, let’s kick start reform of key institutions with the election of the Speaker and Deputy Speakers.
* This is the personal opinion of the writer or organisation and does not necessarily represent the views of Malay Mail.
