DESPITE a looming deadline, the government has not issued any notice to reconvene Parliament since its suspension since January, when the state of emergency was declared, said Dewan Rakyat speaker Azhar Azizan Harun.
Under Article 55 of the federal constitution, Parliament must meet at least once in six months, failing which it has to be dissolved.
With its last meeting in December last year, Parliament must convene by June 17.
On January 11, Prime Minister Muhyiddin Yassin announced that Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah had granted his request for a nationwide state of emergency ostensibly to deal with the Covid-19 pandemic, adding that it would expire on August 1.
However, Muhyiddin added the caveat that the emergency could sooner depending on whether the authorities could bring the pandemic under control.
Yesterday, 9,020 new daily cases were reported, with 76,218 active cases.
The declaration of a state of emergency has led to criticism that the government is trying to avoid checks and balances, ignoring calls to reconvene Parliament despite the king decreeing on February 24 that Parliament should meet even during an emergency.
Azhar told The Malaysian Insight that, to date, there has been no notice from the government.
“No (notice to convene). Once I receive the notice I will take action, everybody will know. I am always open, always transparent,” he said when contacted.
Parliament was suspended by way of the Emergency (Essential Powers) Ordinance 2021, which states that the constitutional six-month timeframe for Parliament to reconvene does not apply if an emergency is in force.
“Section 14 (1)(a) (of the ordinance) states that the provisions relating to the summoning, proroguing and dissolution of Parliament in the federal constitution shall have no effect when an emergency is in force. That is what the law is now,” Azhar said, adding that it was up to the lawmakers to amend it.
This emergency law was promulgated on January 14 by the king, who is empowered to make emergency laws under Article 150(2B) of the federal constitution, when neither house of Parliament is sitting.
Otherwise, the federal constitution suspends Parliament’s function of making laws during an emergency.
On March 3, Minister in the Prime Minister’s Department (Law) Takiyuddin Hassan said Parliament will not reconvene for the duration of the emergency, despite the palace’s February 24 decree.
Takiyuddin said when an emergency was declared in 1969, Parliament did not convene for two years.
He said since the emergency is only until August 1, there was no issue with the government suspending parliament.
When asked about Deputy Speaker Azalina Othman’s lengthy statement on May 27 urging the government to reconvene Parliament, Azhar refused to be drawn in, saying he “did not want to make any political statement”.
In February, Azalina also questioned the suspension of Parliament during the state of emergency.
She said with the suspension, the legislature’s functions have been “emasculated” while the executive has a “free rein” over the country’s affairs as a result.
The last time Parliament convened was from November 2 to December 17, with a shortened session of 10am to 2pm.
Since the national immunisation programme started in February this year, frontlines and MPs have all been vaccinated.
In light of this and the king’s decree, many opposition and Umno lawmakers have repeatedly called on the government to reconvene Parliament.
Lawmakers are also saying that parliamentary meetings are more urgent now, as Covid-19 cases hit an all-time high, to discuss management and spending to fight the pandemic.
DAP secretary-general Lim Guan Eng said if Parliament reconvenes, it will be for the purpose of dealing with the pandemic and that the 42 DAP lawmakers will not support any motion of no-confidence that may be brought against Muhyiddin. – May 30, 2021.
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