LAW Minister Wan Junaidi Tuanku Jaafar is frustrated over the cabinet’s decision to defer the tabling of the anti-party hopping bill.

“Personally, I am frustrated with the cabinet’s decision to postpone the tabling of the bill. I have been working on the bill for eight months,” he said.

He said the reason for the deferment is because the definition of “party-hopping” needs more study.

With due respect, the government could have proceeded with the tabling of the bill and let Parliament deliberate on the definition.

One has to appreciate that law-making is a process.

The legislative process is set out in chapter 5, part IV of the Federal Constitution and the Standing Orders of both Dewan Rakyat and Dewan Negara.

It begins with a proposal, also known as a bill. All bills must pass through four stages in both the lower house (Dewan Rakyat) and the upper house (Dewan Negara) before being presented for the royal assent.

In brief, the four stages are:

- First reading: the title of the bill is formally read out and a date set for its second reading. It is then printed and published.

- Second reading: the minister in charge explains the purpose of the bill and a debate on its general principles follows. This is the critical stage – a vote may be taken on the bill’s merit and if it survives, it passes to the committee stage.

- Committee stage: the bill is passed to a standing committee, whose job is to consider its provisions (clause by clause) in detail. Any amendment is voted on.

- Third reading: the bill is debated again in general terms. Only minor verbal amendments can be made here. If Dewan Rakyat votes in favour, the bill proceeds to Dewan Negara.

At the end of the second reading, most bills are automatically referred to the Committee of the Whole House, without the necessity of a motion. Though rare, a bill may be referred to an ad hoc parliamentary select committee (PSC) to be considered. This occurs when Dewan Rakyat agrees to a motion to that effect, moved by any member after the second reading.

Reference to the PSC allows a bill to be scrutinised, especially if it is complex, controversial or has wide-ranging impact. It enables the details of the bill to be discussed in a less formal manner but in definite order, where each and every clause (in the order in which they appear), schedules and preamble (if any) will be reviewed.

Parliament is therefore well-placed and well-ordained to deliberate on what constitutes “party-hopping”.

Deliberations can be done by the PSC. Otherwise, they can be undertaken by the PSC on Agencies under the Prime Minister’s Department.

When there was no PSC available, lawmakers clamoured for them. Now that there are many, let them deliberate over and scrutinise the bill.

If, based on media reports, the PSC on Health, Science and Innovation is scrutinising the proposed Tobacco and Smoking Control Bill, why can’t the PSC on Agencies Under the Prime Minister’s Department?

Let Parliament deliberate over and scrutinise the bill, including on the definition of “party-hopping”. – April 8, 2022.

* 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.