PUTRAJAYA should set up a royal commission of inquiry (RCI) to reform the Attorney-General’s Chambers (AGC) to resolve the public’s trust deficit in the institution, Azalina Othman Said said today. 

The deputy Dewan Rakyat speaker said failure to address the issue of trust deficit will contribute to political impasse and stand in the way of the government’s endeavour to rebuild public confidence.

“To demonstrate the government’s commitment to improve governance and uphold the rule of law, the government should take this timely opportunity to set up a RCI on reforming the AGC,” she wrote on Facebook.

The Pengerang MP also suggested that the RCI should include top constitutional experts with impeccable impartiality and comparative insights.

She said the AGC’s role as the government’s legal adviser, public prosecutor and as the governing body of lower court judges showed that it was in conflict of interest in its various roles. 

This, she said, had clouded the practice of rule of law and heightened allegations of selective prosecution and impunity. 

The situation has also affected business confidence reflected, among others, in the Corruption Perceptions Index. 

She urged that an RCI be set up to separate these roles and to allow the AGC to function only as the government’s legal counsel. 

“The prosecutorial service should be made an independent body under the solicitor-general, enjoying independence and job security like a Federal Court judge. 

“The lower court judges can be placed under the judiciary services as specialised judges in specialised courts. 

“Law drafting should be assigned to an independent Parliamentary Draftsman Office, which serves the government ministries, as well as the upper and lower houses of Parliament,” she said.

She added that the attorney-general should be made answerable to Parliament as the office bearer advises the government. 

She used the example of the United Kingdom, Canada and New Zealand where the attorney-general assumes a role in the judiciary as well as the executive. 

“The RCI should study the optimum division of labour between a justice minister and an A-G (if both are needed) to ensure parliamentary accountability of the government’s legal adviser.” 

Azalina asked that the RCI be set up as soon as possible.

“This will help underline the government’s commitment to parliamentary democracy, rule of law and political stability.” – July 23, 2021.