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PETALING JAYA: While the delay in tabling Bills is at times inevitable, the government must commit to its pledge for these laws, especially those related to promised reforms, to be presented to Parliament, say policy experts.
However, they caution that there must be transparency over the delay, especially when these laws have to do with public interests that require more deliberation and time.Saving lives: The GEG provision will be curbing the problem of smoking, especially among youths. — RAJA FAISAL HISHAN/The Star
Among the proposed laws still in the pipeline are the so-called Generational End Game (GEG) Bill on the ban of the sale of tobacco products and vape to those born after Jan 1, 2007, the revival of the Parliamentary Services Act, the amendment to the Federal Constitution on the citizenship of children born to Malaysian mothers overseas, and the Fiscal Responsibility Act (FRA).
Prof Wong Chin Huat of Sunway University said there are two main reasons for such delays – the lack of political will or legitimate differences in the details of the policies and laws that would require deliberation for a consensus or at least a better solution.
He explained that if negotiations on these Bills with accountable authorities like a Parliamentary Select Committee are according to schedule, then the delay would more likely be acceptable than a rush to settle with a hasty solution.
“I support the submission of the Generational End Game Bill to the Parliamentary Special Select Committee (PSSC) on that matter.
“However, if the negotiations take place behind closed doors with no publicly announced timetable and road maps, then consultation may be just the ‘con’ word to delay,” said Wong.
To push for the expedition of important changes, the public, he added, must ask for an open process through institutions like the PSSC and say no to incessant internal consultation, as well as expose the deliberate delay by certain parties.
Wong said letting civil groups produce Private Member’s Bills would also deny politicians and legal officials in government the excuse that “while they agree with this principle, they would need time to study the details”.
Political analyst and senior fellow at the Nusantara Academy for Strategic Research Dr Azmi Hassan said recent government changes had also played a role in the delay of some Bills.
“When we say governments, we normally refer to the Prime Minister and the Cabinet of ministers and deputy ministers.
“In recent years, there have been rapid changes in governments, and these Bills have been delayed.
“When there are changes of government, civil servants who handle the paperwork and research are at a loss as to which direction to take, as they have a duty to adhere to the direction of the government that they are working for.
“It would not be really right to say that delays in such bills were due to the inefficiency of the government in charge, but more so that the delays were caused by the circumstances,” he said.
Selangor PKR vice-chairman and PKR Legal Bureau national chair Sivarasa Rasiah said that at times the delays are to ensure that the bills would not backfire when put to the vote.
“As with the GEG Bill, there was some pushback even after the first PSSC process, for example, on punishing those under-16 who are found smoking and other technical issues.
“So, this is a good illustration of a case where delay has nothing to do with inefficiency.
“The government is pushing it steadily. But you don’t want it to backfire when finally put to the vote.
“Such negotiations can take time,” said Sivarasa, adding that there are similar arguments and concerns with the proposed amendment on citizenship for children.
He said any proposed Act should also go through town halls for people to have a say on the contents, as well as closed-door discussions with subject matter expert groups and select committees.
“In many mature parliaments, new Acts always go through a select committee,” said Sivarasa, who is also the former Sungai Buloh MP.
