I HAVE shared my thoughts that the government’s order of business for the May 18 sitting of Parliament as notified to the MPs with “no oral question sessions, written questions, motions, and special chambers” and only “the presentation of government bills is against Standing Order (SO) 14. 

SO 14(1) states that unless the house otherwise directs, the business of each sitting shall be transacted in the order enumerated therein: (a) – (q). It is called the order of business.

The house may proceed to any particular business out of the order of business but this must be upon a motion (to be moved by a minister) to be decided without amendment or debate which may be made without notice. The house must then pass the motion.

SO 15 has been relied on to justify the truncated order of business on the ground that government business takes precedence. It is humbly submitted that SO 15 has been misconceived and misconstrued.

SO 15 concerns “arrangement of public business” as indicated in the marginal notes of the order. And “public business” is item (o) in SO 14(1).

This simply means SO 15 elaborates on “public business” – item (o) – under which government business takes precedence. Even so, it is only over private member’s business. This is clearly stated in SO 15(1):

“On every sitting day government business shall have precedence over private members business.”

SO 15(2) then states that “Government business shall be set down in such order as the government thinks fit and communicate to the setiausaha.” 

Thus, it is humbly submitted that SO 15 cannot override the order of business in SO 14, save as otherwise explained above.

The practice in the House of Commons in the UK is for a minister to move a motion for government business to take precedence over other businesses for the day.

According to records, more than a century ago in 1895, the chancellor of the exchequer did move such a motion.

The hon. gentleman (as one is addressed in the house) argued that “the main measures of a government (which are contentious in nature), and it is the duty of the government, that adequate time should be given for the discussion of such measures.” 

Even though such motions are invariably passed by the house, the government is often reminded not to resort to such motion to “curtail (MPs’) liberty in discussing matters” which have been set out in the order paper.

Thus, it is again submitted that the order of business on May 18 must be in accordance with SO 14 until and unless the house is moved to agree that the house proceeds to any particular business out of the regular order.

SO 14 takes precedence over SO 15 – not the reverse. – May 14, 2020.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.