by Amer Hamzah Arshad
Aliran Monthly Vol 25 (2005): Issue 9

	Parliament’s powers, prerogatives and administrative functions must not and should not be handed over to the Executive. Amer Hamzah Arshad

Those who have been following the news would be aware of Minister Nazri Aziz’s proposal to set up a Department of Parliament, purportedly for the purposes of looking into the administrative affairs of Parliament. This proposal has now been watered-down to the creation of a single administrative post.

At a glance, some may argue that his proposal is harmless as it is merely aimed at looking into the administrative aspect of Parliament and not at the decision-making process involving the MPs. Closer scrutiny, however, may reveal that this could be a step into unchartered territory and the consequences could be irreversible.

Parliament’s powers, prerogatives and administrative functions must not and should not be handed over to the Executive. To allow such a move would be akin to allowing the erosion of the doctrine of the separation of powers (or what’s left of it).

The framers of our Federal Constitution recognised the importance of the doctrine of the separation of powers. Hence, they saw it fit to have Article 65 of the Federal Constitution, which allows the appointment of the Clerks of the Senate and the House of Representatives (commonly referred to as the Secretaries to Parliament). These Clerks are responsible for parliamentarian affairs and the administrative functions of Parliament among other things. There is also a House Committee, which is responsible for looking into the welfare of the MPs.

The appointment of the Clerks is provided for under Article 65 of the Federal Constitution. The office is a highly regarded one: Clerks can only be removed from the office on similar grounds and in a similar manner as a Federal Judge! The adminstrative post proposed by Nazri Aziz, however, is merely his brainchild - NOT that of the Constitution.

Obviously, there is no necessity to set up this new Department of Parliament or to appoint a head of administration for Parliament as proposed. If there are weaknesses in the existing set-up, then improve on them. Do not create a dangerous precedent by taking away the administrative functions of the parliament and handing them over to the Executive.

Perhaps, it is timely for the Legislature to revive the Parliamentary Services Act 1963, which was repealed in 1992.

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Amer Hamzah is a Kuala Lumpur-based lawyer concerned about human rights and democracy issues.

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