COMMENT | Two wrongs don’t make a right, Mr Speaker
COMMENT | In early October, a friend arrived in Kuala Lumpur from Melbourne and was tested for Covid-19. Although the test showed negative, she was whisked with a planeload of other Malaysians to a hotel to be quarantined.
Last month, a former colleague’s daughter and her toddler son who arrived from the United States had to endure the same experience - bus journey from the airport to a hotel where mother and son were holed up for 14 days. A few days later, another former colleague returned from London only to similarly tested negative and quarantined for 14 days.
They all understood the reasons and took it in their stride knowing that this was a requirement to prevent the spread of Covid-19. As law-abiding Malaysians, they complied with the order. Hundreds of locals who had come into contact with people who were confirmed as Covid-19 positive cases were ordered home quarantine. A few paid the price for not complying and paid fines after being charged in court.
It is as clear as daylight - a quarantine order is to stay put in one place instead of gallivanting around - even if it is your place of work or our favourite nasi kandar joint or even if your body yearns for a sojourn at the spa.
But yesterday, the requirements changed for selected people - members of parliament. Three MPs - Health Minister Adham Baba and Human Resources Minister M Saravanan, both from the ruling Perikatan Nasional coalition, and Pakatan Harapan’s P Prabakaran turned up in Parliament wearing personal protective equipment (PPE).
Clad in white aprons with blue shower caps and visors, they were seated on...
COMMENT | In early October, a friend arrived in Kuala Lumpur from Melbourne and was tested for Covid-19. Although the test showed negative, she was whisked with a planeload of other Malaysians to a hotel to be quarantined.
Last month, a former colleague’s daughter and her toddler son who arrived from the United States had to endure the same experience - bus journey from the airport to a hotel where mother and son were holed up for 14 days. A few days later, another former colleague returned from London only to similarly tested negative and quarantined for 14 days.
They all understood the reasons and took it in their stride knowing that this was a requirement to prevent the spread of Covid-19. As law-abiding Malaysians, they complied with the order. Hundreds of locals who had come into contact with people who were confirmed as Covid-19 positive cases were ordered home quarantine. A few paid the price for not complying and paid fines after being charged in court.
It is as clear as daylight - a quarantine order is to stay put in one place instead of gallivanting around - even if it is your place of work or our favourite nasi kandar joint or even if your body yearns for a sojourn at the spa.
But yesterday, the requirements changed for selected people - members of parliament. Three MPs - Health Minister Adham Baba and Human Resources Minister M Saravanan, both from the ruling Perikatan Nasional coalition, and Pakatan Harapan’s P Prabakaran turned up in Parliament wearing personal protective equipment (PPE).
Clad in white aprons with blue shower caps and visors, they were seated on the highest floor of the House, away from all other MPs. A protest by opposition MPs against Dewan Rakyat speaker Azhar Azizan Harun’s decision to let the trio in erupted into a shouting match in the august House.
“What reasons are there for these MPs to be allowed to be present in Parliament when they have been categorised as close contacts (of Covid-19 positive cases)?” Kuala Langat MP Xavier Jayakumar from PKR asked Azhar. Sepanggar MP Mohd Azis Jamman claimed the presence of the three MPs raised the risk of infection to other members of the House as well as their families.
To right-thinking citizens who follow procedures such as wearing masks and maintaining social distance, it is difficult to fathom that the rules were being bent in the name of Parliament or possibly for political expediency.
But Azhar said the decision was made following the move by an MP to break the quarantine order and join the voting last week. “Last Thursday, an MP from the other side (opposition) who did not comply with the quarantine order came to vote. I do not want the matter to arise further, so it is better I regulate the voting process,” he said.
After questioning Azhar’s decision for more than eight minutes, almost all opposition MPs walked out of the House as a show of protest.
Two wrongs don’t make a right, Mr Speaker. If the MP had not previously complied with the quarantine order last Thursday as claimed, the law ought to have taken its course. While Azhar has previously ordered MPs out of the House for breaching Standing Orders, he should have done the same (which he is empowered to) and reported him to the authorities - even if he was wearing fully attired in PPE.
Speaker not an ‘authorised officer’
The fact that the speaker is the ultimate authority on the proceedings and processes in the House is a given. But he has neither the right nor the power to supersede or grant exemptions to rules and regulations under the Control of Infectious Diseases Act 1988 or any other law.
For the record, the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas (No 2) Regulations 2020 (the “MCO Regulations”) was gazetted by the health minister on March 31, pursuant to his powers under Sub-section 11(2) of the Prevention and Control of Infectious Diseases Act 1988 [Act 342]. The MCO Regulations were further amended by the Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas (No 2) (Amendment) Regulations 2020 on April 3.
The Act states that an “authorised officer” has powers related to enforcement of these regulations. The “authorised officer is described as “any Medical Officer of Health, any health inspector, or any officer appointed by the Minister of Health under the Act”.
The Act also states that the police are to “render such assistance as any authorised officer may request for the purpose of enabling (an authorised officer) to exercise the powers vested in him by this Act or the regulations made under this Act.”
There are no provisions in the Act for the House speaker or any other person other than an “authorised officer” - which Azhar is not. Has he usurped the powers the Health Ministry? Can he as speaker, make amendments or orders which are not consistent with the Act?
Wouldn’t it have been cheaper and more convenient for my friend and former colleagues to get their families to hand over PPEs at the airport and hire an ambulance to get them home? Indeed, it would have been much cheaper than paying RM2,100 for a 14-day stay in one of the selected hotels. Besides, they would have been more comfortable in their own homes and surroundings. But then, there are many who are accorded special privileges. Have Malaysians forgotten a minister’s holiday to Turkey at the height of the pandemic?
Parliamentarians are lawmakers. They debate bills from the government after which becomes law after a vote is taken. If these lawmakers themselves brazenly break the same laws which they promulgate (which are also applicable to millions of other citizens), what more can be said? As long as we have tiered or selective enforcement of the law, our society is doomed.
R NADESWARAN has seen several unfamiliar edicts in the current sitting of Parliament, but yesterday’s ruling takes the cake. Comments: citizen.nades22@gmail.com.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
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