After the tragic loss of Flights MH370 and MH17, as well as the Genting Highlands bus crash in the past two years, the Transport Ministry aims to set up a new, central agency, called Malaysia Transport Safety Board (MTSB), to enhance transport safety.

The 44-page MTSB Act draft bill, uploaded in the ministry’s Malaysia Institute of Road Safety Research (Miros) website , when scrutinised shows some loopholes on MTSB, which may be a stumble to improving the nation’s transport safety.

According to the Miros introduction on the safety board, the bill will establish MTSB as a one-stop centre for independent investigations, research, operations and monitoring of all modes of transport.

Should the bill be passed in Parliament, Miros will be dissolved and replaced by MTSB.

Chairperson need not be qualified

Under Section 6 (1) of MTSB, the transport minister will appoint the safety board chairperson and three to six board members.

Ironically, the chairperson need not be one who is qualified in transport safety, while the other board members, excluding the designated government officers, need to be experts in transport safety.

In other words, the minister can appoint his protégé, possibly a politician, as the MTSB chairperson.

This has raised doubts as to whether the appointment will be open to political patronage.

The chief commissioner of the Australia Transport Safety Bureau (ATSB) and the chairperson of the Transportation Safety Board of Canada (TSBC) must have experience in transport safety.

The appointment of politicians to government agencies is common practice in Malaysia. For example, Mara chairperson Annuar Musa is the Umno MP for Ketereh, while the Tabung Haji chairperson Baling MP Abdul Azeez Abdul Rahim ( photo ).

Such political appointments are often broiled in controversy as the politicians, because of their lack of or no experience in their area of work, are usually not involved in the daily operations.

Minister empowered to reappoint

Apart from the chairperson and board members, MTSB will also co-opt a chief executive officer, a secretary, the secretary-general of the Transport Ministry or his representative, as well as a representative from the Finance Ministry to the board.

While the tenure of the board members should not exceed three years, under Section 8 (1) of the proposed Act, the transport minister is empowered to reappoint them, under Section 8 (2).

The minister is also empowered to determine the remuneration and allowances of the board chairperson and members, excluding that for the chief executive officer.

A separate body, an Independent Inquiry Board, will also be established, under the purview of MTSB, to exercise all the powers related to investigation, monitoring and surveillance.

Commenting on the MTSB plan, DAP spokesperson for Transport and Public Works, Liew Chin Tong ( photo ), slammed MTSB as a body being set up merely to create political jobs instead of solving transport safety issues.

Transport policy researcher Chung Yi Fan said it would be “unhealthy” if backbenchers in Parliament and party-affiliated politicians without transport safety experience chaired the MTSB.

"The chairperson should be a professional of good repute, with extensive expertise. The proposed bill, however, says nothing about the chairperson's qualification,” Chung, who is also a DAP parliamentary researcher, told Malaysiakini when contacted.

'Chairperson key to credibility of MTSB'

Such problems could be avoided by stating explicitly the qualification criteria for the post of MTSB chairperson in the bill, making it harder for the job to be given out as a political reward to professionally unqualified individuals, he said.

Given the crucial role of MTSB to investigate transport accidents independently, the MTSB chairperson would hold the key to preserving the credibility of the agency.

Chung said: “In any country, more so in Malaysia where the government's word is no longer trusted without scrutiny, you cannot simply make any politician the MTSB chief and pray for public support when things happen.

“How does the government carry out an accident investigation through a non-independent MTSB and earn the public trust will be a huge challenge,” he added.

Firstly, public consultation on the MTSB only opened a month ago, and is limited to online engagement. Public consultation on MTSB is also little known to the general public.

Transport Minister Liow Tiong Lai ( photo ) only issued a statement on MTSB on June 14, during the middle of the so-called public engagement, which is limited to the June 1 to 30 period - giving the people little time to provide feedback.

Secondly, the bill does not compel MTSB to make public its investigation reports on transport disasters, which again raises the question of transparency.

MTSB, under Section 56 (3), only needs to table its annual report to Parliament.

To enhance its independence, Chung suggested that MTSB be compelled to report to Parliament or to the Yang di-Pertuan Agong.

“This (being responsible to Parliament or to the Agong) will be more advantageous to minimise intervention from the executive.”

Liew, who is Kluang MP, said DAP would submit its views on the bill, despite the flawed consultation process.

“The ministry should take the consultation process more proactively. Instead of a passive consultation, there should be public hearing and also consultation with stakeholders as well as MPs.”

“I will also seek an appointment with Liow Tiong Lai to call on him to address the flaws in the draft bill, as well as to take a wider perspective on transport safety.

“There should be a parliamentary select committee to look into transport safety,” added Liew.

Members of the public still have seven days more to comment on the MTSB Bill, by sending their email to mtsb@miros.gov.my. They can also read more about the establishment of the safety board at the Miros website .

Liow’s press secretary, Lim Chau Leng, said the transport minister would not make any comment on the matter at this stage because the MTSB Bill in still in the consultation process.

Malaysiakini is still awaiting for replies to questions posed to Miros chairperson Lee Lam Thye and its director-general, Wong Siaw Voon.