The Enforcement Agency Integrity Commission (EAIC) – which investigates complaints of misconduct by enforcement officers or agencies – has expressed concern that its recommendations are often not followed.

EAIC chairperson Yaacob Md Sam pointed out that the disciplinary authorities were instead imposing lighter sentences.

A normal investigation process would see the commission forwarding its findings and recommendations, as well as appropriate penalties, to the disciplinary body of the agency concerned.

However, Yaacob said, the issue here is whether the commission’s penalty recommendation would be followed through or otherwise.

“Maybe, after hearing mitigating factors from the officers, they will come up with a lesser penalty.

“But if the disparity between what was recommended and the actual penalty imposed is too vast, we want to know why,” Yaacob is quoted by The Star Online as saying so, after opening a dialogue with Sabah and Sarawak enforcement agencies in Kuching yesterday.

Citing one example, Yaacob said the commission may recommend a salary suspension for six months but ultimately, only a warning is given to the officer.

“We consider it very lenient. It won’t carry any effect and you are not sending the right signal to the other officers.”

EAIC has written in its concern

The commission has written to the chief secretary to the government to express its concern over the lenient penalties imposed.

“I believe he will have a talk with the chairpersons of the disciplinary boards concerned. We don’t want to interfere with their job as the imposition of sentences is at their discretion, so we leave it to the chief secretary to handle the matter.”

In the meantime, the EAIC is proposing an amendment to the EAIC Act to require disciplinary bodies to inform the commission of their disciplinary actions against officers for misconduct.

Yaacob said the amendment has been drafted and referred to the Attorney-General’s Chambers for its tabling in the parliamentary session this month.

“Once this law is passed by Parliament and may be enforced by next year, it will require the agencies to report back to us,” he said.

“But I must stress that at no time are we interfering with the jurisdiction and discretionary power of the disciplinary bodies.”

Set up in April 2011, the EAIC aims to enhance integrity among enforcement agencies and strengthen public confidence in them.

Until last month, the commission has received 1,757 complaints, with the police topping the list at 70 percent. Most of the complaints had to do with slow investigations and complainants not being informed of the progress of investigations.