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©The Sun (Used by permission)
by Maria J. Dass and Faith Labunda

KUALA LUMPUR: Several MPs welcomed the proposed establishment of the Malaysian Anti-Corruption Commission (MACC) as a step towards an Anti-Corruption Agency (ACA) that is more independent and armed with more prosecution powers. However, they said there are some areas that could be improved.

They were commenting on the report in theSun yesterday that said "a truly independent" ACA that will report to Parliament is close to reality.

Liew Chin Tong (DAP-Bukit Bendera) said the proposed setting up of a special committee on the MACC made up of seven MPs appointed by the King is not consistent with parliamentary tradition.

"A select committee to oversee the entire frame-work of the MACC should be set up instead of a seven-MP committee," he said.

"This does not make the agency entirely responsible to Parliament."

Liew said that to ensure the ACA is entirely independent it needs to be detached from the executive branch of the government. Similarly, funds for the MACC should come from consolidated funds and not the executive.

Dr Hatta Ramli (PAS-Kuala Krai) was happy to note that the MACC would be able to decide on prosecution in most cases without having to refer to the attorney-general’s office.

"It is a good move to have a commissioner who can prosecute via a DPP seconded to the ACA," he said.

Sources said the powers of the A-G will not be usurped but with senior DPPs from the A-G’s chambers seconded to the MACC, and with the commissioner having the powers of a DPP, it can decide on prosecutions.

However, Hatta expressed concern over the independence of the commission as there were hopes that the commission would be solely answerable to Parliament and that the appointment of its head would be by the house.

Barisan Nasional Backbenchers Club (BNBBC) chairman Datuk Seri Tiong King Sing said he has not seen the draft of the bill or know of its contents.

He said the proposed amendments should take into account the prosecution of those who lodge false reports and abuse the system.

Wee Choo Keong (PKR-Wangsa Maju) said the proposed changes are a "cosmetic exercise" as the agency will still be linked to the executive.

"The head, especially, should be appointed and wholly accountable to Parliament, otherwise he may have the powers to prosecute but can still be compromised," he said.

P. Ramasamy (DAP-Batu Kawan) said "it sounds right and good but the agency still seems to be beholden to the executive".

"We welcome the improvements being made to the tracking and prosecution of cases, which have been few and far between in the past, but like the Human Rights Commission, it will still be an ineffective agency of the BN and a toothless tiger," he said.

However, at the end of the day, something was still better than nothing, Ramasamy said.

Transparency International Malaysia (TI-M) welcomed the proposed establishment of the MACC, saying it is greatly encouraged by the report that there will be an "independent ACA at last".

Its president, Tan Sri Ramon Navaratnam, noted that TI-M, together with a wide cross-section of the Malaysian public, has been clamouring for new legislation for the establishment of a "genuinely independent ACA for a long time".

He said the proposed special advisory committee of seven MPs appointed by the King, as well as the four other ancillary committees and panels, will help to ensure that the commission remains free of outside influences.

"Thus, the MACC annual report can and will now be questioned in Parliament, instead of being merely tabled and not even discussed," he said.

In a statement, Navaratnam also listed some concerns which TI-M hopes could be addressed at the committee stage in the debate in Parliament on the MACC bill:

» The chairman of the special parliamentary committee should be a member from the "loyal Opposition" because a weak chairman can negate effectiveness and undermine the public perception, credibility and confidence in the new MACC;

» ACA should have complete freedom to prosecute all cases to justify and portray its independent status, quickly phasing out its deputy public prosecutors and replacing them with legal officers on a permanent or even contract basis;

» The government should show the strongest political will to make the MACC work expeditiously and efficaciously to win public confidence and support, especially from potential whistle-blowers;

» All well-meaning MPs should wholeheartedly support the bill, making progressive amendments to ensure it is passed as law on Jan 1; and

» The judicial and police legislative reforms should also be tabled and passed together with the MAC, considering that they are inter-related and should be regarded as a reinforcing package of healthy reforms.

Navaratnam also extended his congratulations to Prime Minister Datuk Seri Abdullah Ahmad Badawi for having fought the resistance to deliver on his election pledge to establish an independent MACC.

"We are grateful to (him) for his foresight and strong leadership in introducing these reforms and wish to commend all those in the government and the Opposition for voting for these vital reforms that will definitely contribute to a better Malaysia," he said.

"TI-M, together with all loyal Malaysians, will be carefully monitoring the proceedings in Parliament to take serious note of the who support and vote in favour of the new and historical reforms."

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