A DAP parliamentarian today urged the government to repeal Section 46A of the Legal Profession Act 1976 (LPA) which prevents junior lawyers and politicians from holding a post in the Bar Council.

"The section is a gross violation of freedom of association provided in the Federal Constitution and denies the right for equality to these junior lawyers and politicians," Batu Gajah MP Fong Po Kuan told the Dewan Rakyat when debating the 2004 budget.

Fong, who is a law graduate herself, said the section affects about 75 percent of the 10,500-strong Malaysian Bar.

"We are now in a matured society, if these lawyers are matured enough to elect the government which runs the country today, they are also matured enough to elect who should be the office-bearers in the Bar," she added.

The LPA controls the activities of lawyers and regulates the Bar Council, the 36-member body which manages the affairs and executes the functions of the Malaysian Bar.

Apart from junior lawyers, Section 46A bars lawyers who are MPs, state assembly representatives, and office-bearers in trade unions and political parties from holding positions in the Bar Council.

The controversial section was included into the LPA in 1976, much to the chagrin of lawyers.

Last month, the Kuala Lumpur Bar Committee launched the ' Repeal Section 46A ' signature campaign.

No consultation

Meanwhile, Fong also criticised the attorney-general for not consulting the public before carrying out amendments to existing laws or proposing new ones.

As an example, she cited the Academy of Law Bill which was withdrawn last year despite the Bill having past its first reading in the House earlier.

The withdrawal followed a strong protest from the Bar Council, which called for a extraordinary general meeting and unanimously voted against the bill.

The government claimed that the academy was to set up to "promote and maintain high standards of conduct and learning of its members".

"The lack of consultation with the affected parties led to the withdrawal despite it taking up some time to be tabled in Parliament," she added.

Other examples, she said was the amendment to the Penal Code and the creation of the National Service Training Bill .