Backbencher MPs must not be appointed to government firms or agencies – Madpet

When sitting MPs accept appointments by the executive, whether from the prime minister or cabinet, to positions in statutory bodies, agencies or government-linked companies, their independence or ability to provide effective checks against executive abuses and wrongdoings may be compromised.

With such appointments, they may receive additional money, benefits and powers over and above their MP’s allowances.

MPs who are not in the cabinet have a very important parliamentary role to oversee and monitor Prime Minister Anwar Ibrahim, his ministers and cabinet members to ensure there are no wrongdoings, mistakes, abuses and corruption in government. This is also the role of MPs that are from parties that today form the Pakatan Harapan-led coalition government who are commonly known as ‘government backbenchers’.

On 7 March Mohd Sany Hamzan, a government backbencher in Parliament, urged the government to launch an investigation into Pharmaniaga Bhd, a pharmaceutical group that suffered losses, given its link to the Armed Forces Fund Board (LTAT). The MP from the Amanah party, a PH member, said that “we cannot compromise on matters related to misappropriation, breach of trust and corruption that plague our country”.

After his appointment to a government agency, will he still be critical of the government?

Recently, we came to know that the following MPs from parties, now in government, may have been appointed, although there may be many more cases we are unaware of.

• Parit Sulong MP Noraini Ahmad (Barisan Nasional and now Umno women’s wing chief) as chairman of the Rubber Industry Smallholders Development Authority (Risda)
• Hulu Langat MP Sany Hamzan (Amanah-PH), has been made deputy chairman of Tekun Nasional, a government loan provider for bumiputra entrepreneurs.
• PKR’s Balik Pulau MP, Bakhtiar Wan Chik, has been appointed chairman of MyCreative Ventures Sdn Bhd.  MyCreative is a wholly owned subsidiary of Minister of Finance Incorporated

MPs in Parliament oversee and monitor the government not just by questions and speeches in the House of Representatives, the Lower House of Parliament, but also through investigations and inquiries, which in Parliament are done by the parliamentary committees, including select and special select committees.

Exclude cabinet members

Order 77(4) of the standing orders of the House of Representatives, with regard to the Public Accounts Committee, states:

(4) No member may be appointed or nominated to or act as Chairman or member of the Public Accounts Committee while he is a Minister…

Minister here includes deputy ministers and parliamentary secretaries.

Rightly, the membership of all parliamentary committees including special select committees should not include any members of the executive. Remember that these committees when conducting their investigation or inquiries have the power to summon witnesses, and it would be odd if the related minister or any other cabinet member was to sit as a member of such a parliamentary committee. Members of the cabinet may be observers, but should not be in such parliamentary committees, where the member MPs should best be independent of the executive.

Now, it should also be considered whether backbencher MPs appointed to positions in government agencies, bodies, entities or government-linked companies ought to be excluded from parliamentary committees, including special select committees which may be investigating a particular issue, which most likely will be linked to the executive. Rightfully, they ought to be excluded as they who gets extra ‘benefits’ from the executive may be perceived as no longer being independent of the executive.

MPs have already much to do

An MP, being a people’s representative, is primarily loyal to the people in his constituency and in Malaysia generally – not the party that he is part of or its leaders. Backbencher MPs are not part of the decision-making process of the cabinet, and as such, they are free to raise their concern or criticisms of matters brought by the minister or cabinet to Parliament. They should not ‘blindly’ support all that is said or done by the cabinet simply because their party is part of the coalition that forms the government, or because their party leaders are part of the cabinet.

Most MPs have over 100,000 persons within their own constituency, and being their representative in Parliament, these MPs are duty-bound to be in constant consultation with the people they represent to effectively communicate their constituents’ views – not the MP’s own personal views – in Parliament regarding bills and issues discussed. This itself will take a lot of time, and hence it is best that Malaysia consider having full-time MPs.

MPs also need to study bills and issues that will be raised in Parliament to be able to effectively contribute in parliamentary debates. We do not want mere ‘seat-warmer’ MPs who will simply vote as instructed by party whips.

MPs also will get appointed to various parliamentary committees and even special select committees, which require more work and time. The effectiveness of Parliament and its committees can be improved to ensure no more 1MDB or SRC scandals arise. It is better to maintain continual scrutiny of government, government agencies and government-linked companies, rather than simply responding after the worse has happened to the detriment of Malaysia.

Being appointed as a chairman or director of a government agency or government-linked company also means additional work and responsibility, and a good MP really will not have the time unless he compromises on his other obligations to the people and to Parliament.

Malaysians Against Death Penalty and Torture (Madpet), which is also concerned about democracy and human rights, calls for the end of appointments of sitting MPs to government agencies or government-linked companies, and calls for those sitting MPs already appointed to immediately resign from their positions and return to being good MPs carrying out their roles in Parliament.

Reforms promised by PH to the ousting of the BN regime in the 2018 general election. The lack of speedy changes in the 22-month rule of the earlier PH-led government, may have resulted in a drop in support in the 2022 general election.

Prime Minister Anwar Ibrahim and the PH-led government have a second chance, but if the similar practices of the then pre-2018 general election BN regime are maintained – including the political appointments of MPs and politicians – with no real reforms, then the people may be forced to look elsewhere for change.

Charles Hector, issued this statement on behalf of Malaysians Against Death Penalty and Torture

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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