PUTRAJAYA’S decision to defer the passing of the Constitution (Amendment)(No.3) Act 2022 Bill and refer the bill to a parliamentary select committee (PSC) has rightly been lauded by legal experts.

It is a step in the right direction; it is a huge step.

It is also another historic moment. When in 2019 the Dewan Rakyat referred the Independent Police Complaints of Misconduct Commission (IPCMC) Bill 2019 to a PSC, it was historic as the Bill was perhaps only the sixth parliamentary Bill to have been referred or committed to a PSC since independence.

The IPCMC Bill 2019 was the first in 35 years.

Let’s appreciate, again, the reference to the PSC. It allows the bill to be scrutinised. It also enables the details of the bill to be discussed in a less formal manner but in a definite order, where each and every clause (in the order in which they appear), and schedules and preamble (if any) will be reviewed. 

The PSC will have the power delegated by the Dewan Rakyat to:

· send for persons, papers and records – this is the key evidence-gathering power and includes the power to call witnesses;

· report from time to time to the Dewan Rakyat;

· appoint specialist advisers – often academics in the SSC’s field of interest;

· meet away from Parliament House – including the ability to across the country to hold public hearing sessions;

· meet when the Dewan Rakyat House is adjourned, allowing the SSC work to continue during parliamentary recesses;

· appoint sub-committees, allowing select committees to build their capacity and introduce a further degree of specialisation; and

· exchange papers and/or meet concurrently with other select committees, allowing collaboration between committees and greater cross-cutting work.

The most important power is the first, that is, to send for persons, papers and records. This allows the PSC to draw on academic research and evidence in the field of interest.

Elizabeth Flood, Clerk at House of Commons (UK), once discussed how parliamentary select committees draw on academic research and evidence in their work as follow:

“Select committees seek to make evidence-based, rather than ideological, recommendations, and they generally try to hear as wide a cross-section of views as possible. Because of this, committees rely heavily on public and expert evidence and witnesses when conducting their inquiries. They may even employ academic or industry experts to act as special advisers for the duration of an inquiry.

“Select committees therefore offer the opportunity for [academics] research to be considered seriously, by a group of MPs… who are devoting significant time and resources to considering an issue.

“The select committee produces a report based on the inquiry, which will summarise evidence heard. The report will make a number of recommendations.” 

Evidence submitted, either in writing or in person, may therefore contribute to changes to a bill.

So let’s make the best out of the PSC. The PSC to consider the IPCMC Bill 2019 did not proceed to its conclusion as the then Pakatan Harapan government had decided to postpone the second and third readings of the bill. 

It was a huge disappointment.

Let not the Constitution (Amendment)(No.3) Act 2022 Bill be another disappointment. – April 12, 2022.

* Hafiz Hassan reads The Malaysian insight.