The government did not consult the Bar Council on the amendments to the laws to incorporate anti-terrorism legislation because of the pressing need to take immediate action following the Sept 11 terrorist attacks, said a minister today.

Minister in the Prime Minister's Department Dr Rais Yatim said in the uncertain environment following the attacks, the government had to take action to address the possibility that professional bodies may have assisted terrorists in their activities.

"Engagement was not possible because the government needed to update the laws given the environment (post) Sept 11. It was a trying time for the government," he said during a press conference after delivering a keynote address at the 12th Malaysian Law Conference in Kuala Lumpur.

"If professionals are connected directly with acts of terrorism through their role in giving advice as a part of their professional ethics, it could lead to illegality of law...(For instance), people connected to accounting practices have been found to be connected to (terror-related activities) so there is a need to invoke amendments (in the laws)," added Rais who is a lawyer by training and de facto law minister.

Professional bodies in the country have expressed concern over certain provisions in the recently passed anti-terror legislation which could affect lawyers, accountants and medical professionals.

The Bar Council, in particular, had expressed its dissatisfaction over the lack of consultation with the body before the controversial laws were introduced.

Eastern values

Although acknowledging that the government had on occasion failed to consult the Bar Council when amending certain laws, Rais said the government has not ruled out all possibility of "repairing" laws which are often criticised for their lack of observance of human rights principles.

"Some laws do not fulfill our aspirations but this is normal. We hope we can work to repair laws such as the Internal Security Act (ISA), Restricted Residence Enactment and other laws which are considered to have less of the (desired) human rights aspects. But this takes time. The evolution will take place," he added.

The minister said although the Bar and the government may not necessarily agree on these matters, particularly when it pertains to national security and public order issues, the former should continue to voice its thoughts.

"I do not think that the Bar should be 100 percent (supportive) of all that is suggested. Otherwise, there would be no development of ideas. The Bar can continue to criticise if the laws are unsuitable."

However, he cautioned that the critics should also consider the local context when deciding to champion for certain rights.

"Not all rights (propounded) through the United Nations are suitable for us. Our values as people living in the East must be considered. The ISA (for example) has been decided by the government in this context," he said.

Confrontational approach

Addressing the recent spat between the government and the Bar Council over the latter's decision to call an Extraordinary General Meeting ( EGM ) to discuss the appointment and promotion of judges, Rais said it was inevitable for the council to be considered being politically motivated because of the issues that were raised.

"The government never said that you can't be political. If you talk about the profession it is within the purview of the Legal Profession Act but if it pertains to the realm of what the government is doing, then it becomes political. But there is nothing wrong if I said (the Bar Council was being political)," he explained.

Nevertheless, during his speech earlier titled 'The Role of Law and Lawyers in Nation-Building', Rais chided the Bar Council for taking a confrontational approach in calling for the EGM.

"The process of selection of judges under Part 9 of the Constitution has been criticised by the Bar Council. A good number despised it so much that lawyers forgot to attend in sufficient numbers to form a quorum in the last Bar EGM...

"This is not to say that lawyers should have no say at all when it comes to opinion on the mechanism of appointing judges. History has shown us that matters of this nature would be more beneficial if confrontational tactics are avoided," he added.

Closer cooperation

The minister also said that although the Bar may often criticise what are considered "bad laws", there should still be appreciation for "good laws" that have contributed to making Malaysia a peaceful nation.

"What about the good laws that we have? The judgments that had vindicated your clients, the trade laws that have given Malaysia a good headstart? What about the good life that you and I have had as a result of the overall law and order climate that Malaysia offers?" he ventured.

In order to build a better working relationship, Rais suggested for lawyers to cooperate closer with the administration rather than attempt to mobilise the populace into opposing what are considered "draconian laws".

"Lawyers can change all that if the 11,000 odd of those registered as practitioners under the Legal Profession Act can influence the thinking of about 10 million voters in the next general election.

"I believe lawyers can't do that. If that be so, it's about time we sit together congenially and make the best of (Prime Minister) Abdullah Ahmad Badawi's recent call for good governance," he said.