Give MPs priority vaccination so Parliament can sit next month

 

One of the signs of a good king or leader is that he or she is able to read the situation on the ground. In saying Parliament can meet despite the state of emergency which he earlier declared, Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah has just proved he is one.

The Comptroller of the Royal Household Ahmad Fadil Shamsuddin said on Wednesday the King felt Parliament could be convened despite the state of emergency. In granting an audience to the speaker of the Dewan Rakyat Azhar Azizan Harun and senate president Rais Yatim, the King stressed that Malaysia practiced democracy based on the Federal Constitution.

Fadil said, “…the perception by some parties that the proclamation of emergency will prevent Parliament from sitting is inaccurate”.

I am among those who welcome the decision of Sultan Abdullah to decree that Parliament can be convened. His act gives us hope that the state of emergency from Jan 11 to Aug 1, which he declared on the advice of Prime Minister Muhyiddin Yassin, will soon be terminated.

I say this because the King had said on Jan 12 that the state of emergency was to tackle the pandemic and safeguard the people.

That the King had placed a termination date – Aug 1 – can be taken as indicative of his stand that the state of emergency should not last longer than needed. The appointment of a special committee to advise him on whether the emergency can be lifted at an earlier date also points to this.

While the government has argued that a state of emergency is needed to fight the Covid-19 pandemic, many worry that it could be abused due to the lack of accountability and transparency. Also, whatever the government does during this period cannot be challenged in court. Many feel Muhyiddin resorted to an emergency so that he could continue in power.

But, to be fair, Muhyiddin did say that the emergency was only to fight the pandemic. And on Feb 4, he said he would advise the King to dissolve Parliament “as soon as the spread of Covid-19 subsides and a general election can be safely held”.

The situation today is quite different from that in January: almost all sectors of the economy have been allowed to operate but with tight SOPs in place. As opposition politicians have been asking, if the executive and judiciary can continue as usual under the state of emergency, what is the need for Parliament to be suspended? Even schoolchildren are scheduled to head back to physical classes from March 1.

I believe the King is well aware of the feelings of people on the ground. Many MPs, including from Umno which is in the ruling coalition, have questioned the advice given by Muhyiddin to the King. They and NGOs have appealed to the King to rescind the proclamation of emergency.

Several suits are also pending in the courts over the suspension of Parliament and the emergency.

In one of these, three Pakatan Harapan lawmakers have filed a leave application to seek a judicial review of the suspension of Parliament and state assembly sittings during the emergency. The High Court has set March 11 to decide on this.

In another case, opposition leader Anwar Ibrahim is seeking a court declaration that the advice given by Muhyiddin to the King to proclaim an emergency is unlawful and unconstitutional. This is scheduled to be heard on March 4.

He is also seeking to raise four questions of law for the Federal Court to answer, including whether the courts have the power to review the prime minister’s advice to the King.

Seven NGOs, including Bersih 2.0 and Suaram, are seeking a declaration on the role of Parliament during the emergency and whether the courts have the power to review any attempt at circumventing constitutional provisions which require the proclamation of emergency to be laid before Parliament first.

Others have also gone to court over the same matter. All of them have stressed that they are not challenging the power of the King to proclaim a state of emergency.

It would be interesting to see how the courts decide on these cases. There will definitely be more clarity on some aspects of the law relating to an emergency

However, with the King’s latest decision, the courts have probably been spared the need to make a decision on the constitutionality of the Emergency Ordinance and the advice process.

The judges would have been put in a tough spot as in determining the validity of the proclamation, the special committee and aspects of the emergency laws, they would have to touch on the powers of the King.

It remains to be seen whether those who had filed the questions of law for the Federal Court to answer will let it drop or pursue it.

However, the first thing to do now is to get all MPs and senators vaccinated so that they can attend Parliament when the King announces a date which, as comptroller Fadil put it, “is seen as suitable by the Agong, based on the advice of the prime minister”.

Priority must still be for the frontliners under the vaccination programme, but once the selected frontliners get their jabs, elected representatives should be among those next in line.

Then, there will be no excuse not to allow MPs or senators to gather. Of course, SOPs must still be followed, including maintaining physical distancing. If everything can be done fast, Muhyiddin should advise the King to allow Parliament to sit sometime next month.

Much will depend also on how fast Azhar moves. As speaker he has an important role in ensuring democracy thrives. Azhar has to be seen as playing fair and not taking sides even though he was named to the post by the ruling Perikatan Nasional.

With Parliament in session, at least the public will get to know what is going on, including how the money allocated under the stimulus packages is being spent and whether there are leakages in the system. We can also expect more transparency in the way the vaccine allocation is being spent and the effectiveness of measures to revive the economy. There will also be some checks on the laws being promulgated under the Emergency Ordinance.

Importantly too, it will mean parliamentary democracy prevails.- FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

✍ Credit given to the original owner of this post : ☕ Malaysians Must Know the TRUTH

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