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Bar Council Law Reform and Special Areas chairman Datuk M. Ramachelvam said Malaysians should not forget that foreign workers contributed to the country not only in terms of labour, but also in cash.

"We have to remember that they pay a levy that runs up to about RM7 billion to RM8 billion a year.

"That money goes into our coffers. So we should use it to ensure that the provision of legal services is there, that detention centres are properly run, and that healthcare and education services are provided.

"There's no harm in using this money for them when they are arrested," he said after a roundtable discussion on migrant labour issues.
Ramachelvam was elaborating on one of the recommendations raised during the conference, attended by representatives of the Bar, judiciary and non-governmental organisations besides ministries and government departments, including the immigration, health and education departments.

The Bar had called for better legal access to be provided for foreign workers who ran afoul of the law.

He said duty counsel needed to be provided in each police district, better legal access to be given to detainees and interpreters be made available to those who needed them.

He said the government's Legal Aid Bureau should be extended to provide legal assistance to migrants in detention.

"The Bar's position is that anybody who can't afford legal representation should be given legal aid.

"We can't continue to provide it as our resources are very limited. The state has to provide them with legal aid. Look at Philippines for example. Though they are technically less developed than us, they have a better public defender's system.

"We should adopt these best practices if we want to move forward."

Ramachelvam said giving the workers legal aid through the Legal Aid Bureau would not be a problem as there was no shortage of lawyers in the country.

He said the Special Sessions Courts (SSC), currently held in Immigration detention centres, should be moved to more accessible locations.

"For better access, the SSC should not be in the detention centres. There should be dedicated SSCs in the lower courts.

"Then, the issue of them (foreign workers) getting legal representation would be much easier, because lawyers are always in the lower courts and it's easier to access them."

Ramachelvam questioned the role foreign missions and governments played in protecting the rights of their citizens.

"A lot of the complaints we get is that many of the missions don't provide adequate services. This is something they should address."