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©The Sun (Used by permission)
by Sharon Kam

THE people have voted and here we are on the eve of the 12th Parliament session, which sports a “new look” in more ways than one. It is refreshing to see so many new faces, 99 to be exact and 82 opposition MPs from among the 222-member House, although some of the more familiar faces will be missed.

Now that the people have spoken, will the Dewan Rakyat sittings reflect their desire for a truly democratic Parliament?

Denying the ruling coalition a two-thirds majority which is required for amendments to the Constitution to be passed has also brought us closer to a two-party system. From the civil society perspective it means a more effective check and balance on the government of the day.

“Advanced democracies have seen a clear two-party system which has so far shown the best checks and balances. We need such a system because the role of parliament is to make just laws and to undo unjust laws,” says Edmund Bon, the Human Rights Committee chairman of the Malaysian Bar.

“For example, in England there are the Conservative and Labour parties. We see this system for the first time in Malaysia, which is good as we may see a more effective parliament after 51 years.

“However, we must realise that the government has not changed but the difference is that the coalition of opposition parties – Pakatan Rakyat – has formed a credible second party.”

The second party will naturally be keeping an eagle eye on the Barisan Nasional (BN) MPs. There will be greater scrutiny of Bills even at first reading, hence the government will be more careful.

Bon points out that there a number of “intellectuals” and grassroots leaders in the Lower House this time, many from the non-BN side.

“There are lawyers, academicians, activists, people who have served in nongovernmental organisations, people who were involved in the pure struggle of the grassroots, who have been in the thick of real activism so they know how the people feel. These people are bringing their experience to Parliament. People think MPs are there to profit themselves with no links to the grassroots but now we are seeing new faces who speak the people’s language,” he says.

With more analytical power in the House, this should yield better quality debates. BN MPs would have to beef up their arguments when debating legislation. In other words, there will be less name-calling, it can be hoped.

The live telecast of the question time, albeit for only 30 minutes, should also keep MPs on their best behaviour, at least while the cameras are rolling.

“The Parliament should not be the Taiwan type where people throw punches and chairs. Parliament is a debating hall, not a boxing ring. You can debate fiercely but do not descend into name-calling or making uncalled-for remarks. Debates should be carried out with respect. MPs should have to be mature in their demeanour. Even those who were activists before have to improve their demeanour including the way they speak and be respectable statesmen.

“It may be difficult for some to do so and they not may be successful. But we should give them a chance because many of them did not expect to see themselves Parliament anyway,” he says.

Even some of the older MPs may find it difficult to change their old ways.

But there is one thing which will change – attendance of BN MPs at Parliament sittings may be at an all time high while the  whip system will be enforced even more strictly.

“The BN has to ensure all the BN MPs are in Parliament because Bills introduced will need majority vote so they cannot afford to lose the vote,” says Bon.

Bills need to be discussed in depth before they are passed. In this regard, Bon believes that more Select Committees should be set up to allow greater debate and public consultation.

“Consultation with the public and specialist agencies is not done enough,” he says.

A good example which should be emulated was the consultation process before the amendments to the Penal Code and the Criminal Procedure Code were adopted  “There was a nationwide road show which allowed the process of public consultation to take place. That was well done,” Bon notes.

In the past, there were complaints that MPs were not given enough time to look at Bills before they are debated. “Even the Bar Council doesn’t get to see a Bill until the very last minute. The government should give at least one month for consultation with specialist agencies and the public. The government should not be working on its own. We are here to help,” he adds.

Bon also felt that more opposition business should be allowed to be conducted in the Dewan Rakyat. The Dewan Rakyat Speaker although he may come from the ruling coalition should provide greater leeway to non-BN MPs.

“Indeed, even the Speaker’s actions in carrying out his duties as the moderator will come under scrutiny so he or she would have to be more careful in carrying out his duties in a fair manner,” he says.

One may also see Private Members’ Bills coming up especially on three major issues namely the Freedom of Information Act, abolishment of the Internal Security Act 1960 and the Emergency Ordinance.

We have so far seen only one Private Member’s Bill being introduced and that was by Tun Dr Lim Chong Eu in 1966 but none was ever passed. While the MPs get down to work, the people who voted them in must continue to play their role as well.

Sean Ang, founder of civil society group Citizen Think Tank and a member of the Civil Society Initiative for Parliamentary Reform (CSI-Parliament) says people should not just stop at the ballot box. In fact the people have a more important role to play now as they hold their MPs to their promises.

“They must continue to engage and lobby their MPs and pressure them on things close to their hearts. The MPs must be kept under pressure to perform,” he stresses.

In this regard, Citizen Think Tank is setting up a virtual “report card” to monitor the performance of MPs. It is in the midst of fine-tuning a model which is generally based on one set up at the website www.theyworkforyou.com which monitors the people’s representatives in Northern Ireland.

“We would like to know at the end of the day whether they really represent the people.”

Ang also believes that the people want their MPs to be more accessible to them not only so they could inform the MP of their needs but also for the MP to report to them what he or she has done or is doing for them in Parliament.

This is especially so for BN MPs which he says need to regain the confidence of the people by engaging them more.

“We are non-partisan. BN members especially are not engaging civil society enough. They look at NGOs and civil society groups as pro-opposition. But looks like they do not have a choice now but to engage us. There is a gap between the government and the people. BN is the government so whether they like it or not, any pressure for change is directed at them. So they should be proactive and engage us,” he adds.

CSI-Parliament which was set up in July 2007, by a group of professionals who believe that citizens play a very important role in initiating parliament reform, had drawn up a position paper on parliamentary reforms.

One of them was to have a proper information system on Dewan Rakyat proceedings including calling for full live telecast of each Dewan Rakyat proceedings.

“The Parliament website should also put up the full minutes, in other words the whole Hansard. This will benefit in informing the people as well as make Parliament truly transparent,” says Ang.

“Right now, there is no way for the public to know what goes on in the Dewan Rakyat or how their MPs are performing except from whatever little they read or hear from the media. So the media plays a very important role but sometimes you see the media sensationalising the petty stuff.”

In fact, Ang says the media including the independent media, play a more strategic role than civil society.

“Today, the internet penetration rate is 45% and this is expected to rise to 65% in the next five years. In five years, the print media will no longer be the mainstream media, or may not even be taken seriously. Even now, the younger people do not even bother buying newspapers. So in five year’s time, as more key decision makers and politicians are connected, there will be a more level playing field for everyone taking part in the elections,” Ang concludes.

As Ang puts it, the people expect MPs “to be polite, to use their common sense, address the issue and talk facts” when debating in the Dewan Rakyat.

More than this, the 12th Parliament will also be a test for MPs on whether they will act for themselves or for the people.

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