The opposition staged a walkout from the Dewan Rakyat today after failing to bring to a select committee the Election Offences (Amendments) Bill 2002 which was earlier passed with a majority vote.

Kerk Kim Hock (DAP-Kota Melaka) had proposed an emergency motion that the bill be brought to a select committee under Standing Order 54(2).

This select committee, said Kerk, would consist of a representative from all political parties as the proposed amendments have been tabled without prior consultation with opposition parties.

"The proposed amendments should not be passed because it cannot solve the widespread election fraud which does not guarantee free, fair and clean elections in Malaysia," said Kerk when reading the arguments for his motion.

Halfway through Kerk's explanation, Deputy Speaker Mohamed Ismail interrupted him to say that he cannot make the proposal for a select committee to look into the amendments as it has already been passed by the House.

The House was in a disarray when Kerk insisted on his motion, while several MPs including Jamaluddin Jarjis (BN-Rompin) stood up to point out that Kerk was disobeying the speaker's instruction.

When the speaker persisted in pointing out Kerk's error, the opposition gave up and walked out of the House.

Conditions attached

Mohamed then allowed de facto Law Minister Dr Rais Yatim to table the bill at the committee stage.

Speaking to reporters later at the Parliament lobby, Kerk said he was disappointed with the speaker's decision not to allow his emergency motion.

The opposition MP expressed his disappointment with Rais' response during his winding-up speech which he considers as "more form than substance".

Among others, minister had claimed that "democracy is not dead in Malaysia" because the opposition can still win seats during elections, Kerk said.

"Democracy is not [dead]. It has some conditions attached," Kerk countered.

In an immediate response to the matter, Rais, who is Minister in the Prime Minister's Department, argued that Kerk had actually committed a technical error.

Rais said the motion must be submitted to the speaker before the debate of the bill was over.

"The speaker had to reject the motion because it was proposed out of a sudden. It is the speaker's absolute discretion not to entertain the motion when it does not follow proper procedure," he said, adding that the speaker was merely doing his job.

Nevertheless, he conceded that it was "normal practice" for the opposition to stage a walkout when they are not happy with the speaker's decision.

Not so controversial

Earlier, while wrapping up the session, Rais said that the amendments are not so controversial as made out by the opposition.

The amendments, he said, were meant to "safeguard the future of democracy, ensure trouble-free elections, curb extremist behaviour and promote a harmonious situation".

He said it was sad to hear allegations that "democracy is dead" when the opposition has managed to capture many seats in Parliament and state assemblies.

In the November 1999 general elections, BN maintained 148 seats, PAS 27, DAP 10 Keadilan 5 and PBS 3. BN captured 270 state assembly seats, while PAS has 100 seats.

"Surely all this did not fall from the sky? It proves that democracy is alive," said Rais.

"It is wrong to say democracy will die just because of the proposed amendments. If democracy is dead then all those in front of us (referring to the opposition section) are dead," he stressed.

Rais was jeered and heckled by opposition MPs for not allowing them to seek clarification although he reasoned that they had three days to debate the bill.

The controversial Election Offences (Amendment) Bill 2002, hotly debated since Monday, seeks to introduce 28 amendments in a bid to enforce better discipline among election candidates and campaigners.

The amendments spell tighter rules and regulations and higher penalties such as fines and jail terms for offenders. The new laws also make it an offence for politicians and parties to make seditious remarks, be they on posters, banners or during ceramah (public talks).

It also seeks to penalise Election Commission officers who fail to carry out their duties in a fair manner.