The Malaysian Bar - Rakyat have a say on new laws from now

Home

News

Legal/General News

Rakyat have a say on new laws from now

Monday, 02 July 2012 08:38am

©The Star (Used by permission)
by SARBAN SINGH and YUEN MEIKENG

SEREMBAN: Government departments and agencies must now seek public opinion before proposing draft amendments to existing laws or introducing new Bills.

The mandatory requirement covers local council by-laws, policies and regulations by ministries and statutory bodies, irrespective of whether the laws needed to be tabled in Parliament.

Proposed changes to laws pertaining to national security and sovereignty of the country, however, are exempt from the requisite.

Former Chief Secretary to the Government Tan Sri Mohd Sidek Hassan issued the guidelines for “online public engagement” to the secretaries-general of ministries, heads of government departments and statutory bodies before his retirement on June 22.

A senior government official said at the first state of implementation, the draft for proposed amendments or formulation of new laws must now be put up on the websites of the ministries, departments or statutory bodies for at least 14 days for public scrutiny and feedback.

“The ministry, departments or agencies will analyse the responses and make adjustments to the proposed changes,” he said.

After this, the draft would be displayed on the websites for another two weeks to enable the public to be aware of the alterations made and offer more feedback.

The responses from the public would also be put up on the websites for two weeks.

The official said the new requirement was to promote transparency in the formulation of new laws and regulations, and encourage the public to give useful input.

“It is also to ensure that the proposed changes are well-received among the people,” he said.

The official said the new procedure would also boost investor confidence and put Malaysia in better light as the Government was giving priority to public opinion before any laws are introduced.

Human rights lawyer Edmund Bon welcomed the move but said an independent panel, and not the civil service, should audit public feedback to ensure objective approach in gathering views.

On the guidelines for “online public engagement”, he said the timeframe was insufficient.

“The 14 days are too short as some laws are too complicated, even for lawyers. It should be extended to a month,” he said.

The Election Offences Amendment Bill, which was passed in Parliament in April, was withdrawn on May 9 after disagreement from Barisan Nasional and Opposition lawmakers.

Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz had said then that the Government decided to abort the Bill after consultation with the Opposition and the Election Commission.

The recently passed Evidence (Amendment) (No. 2) Act 2012, under which Internet users are held liable for any content posted via their registered networks or data processing devices, also came under fire for being “rushed through” without getting public feedback.

Set as favourite

Email This