Progress made on AG-PP separation, says Azalina

PARLIAMENT | The special task force conducting a comparative analysis of nine countries on the separation of powers between the attorney-general (AG) and public prosecutor (PP) will table its results on Wednesday.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said told the Dewan Rakyat today that she will personally chair the meeting.

"Of the nine countries being studied, seven - England and Wales, Canada, Australia, Ireland, Kenya, South Africa, and India - have a separate public prosecutor.

"Only the US and New Zealand maintain their AG as PP," she said.

This was the government's latest update on the progress towards separating the role of PP from AG, which the cabinet had decided was necessary on Aug 16.

Two task forces were formed following the decision.

Azalina cautioned that it took England and Wales eight years for the process to be completed, while Kenya took four after their 2007 election.

"Each country required different durations to implement their models which had to be compatible with the respective contexts," she explained.

‘Support govt on this’

After the comparative analysis task force completes its job, the second task force on technicalities - legal, human resources and finances - will commence phase two.

She said at this stage, the Federal Constitution and 19 other laws must be amended to allow the separation process.

"It is (also) premature to determine the financial implications at this stage," she added.

The final phase involved engagement with Sabah and Sarawak, enforcement agencies and groups representing lawyers.

"These initiatives clearly reflect a government that is taking proactive and progressive steps towards the separation of the AG from the PP.

"I urge everyone to support the government on this fully. This is the first government which is moving towards such historic reforms," she said.

Azalina was responding to questions submitted by Takiyuddin Hassan (Perikatan Nasional-Kota Bharu), Gobind Singh Deo (Pakatan Harapan-Damansara) and Wee Ka Siong (BN-Ayer Hitam).

Objective of separation

In response to Gobind’s question about the objective of separating the powers of the AG and the PP, Azalina said is part of the study that needs to be done.

“Because the question we need to ask is whether the powers that are vested in the AG based on the Constitution are enough or should the AG’s discretion be limited.

“That means the question should be whether AG’s power be full discretion or guided discretion,” she said.

Another matter they need to study is whether the issue with the AG is with the appointment or the termination process, she added.

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