New FOI Act must replace 'outdated' OSA, says bipartisan MPs group

A bipartisan group of MPs has pressed the government to fast-track the tabling of a Freedom of Information (FOI) Act and an Ombudsman Bill as part of wider institutional reforms to improve transparency and accountability.

Ledang MP Syed Ibrahim Syed Noh told a press conference that the proposed FOI Act - now in its final stages of engagement before reaching cabinet - must replace the Official Secrets Act (OSA) 1972, which he described as outdated and “too broad” in scope.

“The OSA is overly general and outdated. Any FOI reform must have a strong public interest clause, narrowly defined exemptions, and clear procedures for declassifying information, including in procurement and defence,” said Syed Ibrahim (above, left), who chairs the all-party parliamentary group on integrity, governance and anti-corruption.

He stressed that the new law should be accompanied by the creation of an independent information commission.

“This body must have the authority to decide on complaints and appeals, conduct audits, develop safe digital disclosure platforms, issue guidelines, and impose sanctions for non-compliance.

“Most importantly, it should report directly to Parliament and state assemblies, free from outside influence,” he added.

A pro-tem committee was set up in April to draft the FOI Bill. Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said told Parliament on Aug 18 that the committee has so far held five meetings, two discussion sessions, one workshop, and two engagement sessions with ministries, agencies, and other stakeholders.

Azalina also confirmed that the Ombudsman Bill - designed to handle complaints of maladministration - is in its final stage, pending a cabinet memorandum.

Independence is crucial

Syed Ibrahim stressed that independence is crucial for the ombudsman.

“It will strengthen the integrity of the civil service and restore public confidence in the country’s complaint management system,” he said.

Among the committee’s proposals, he noted, are:

• Clear legal definitions of maladministration, misconduct, and the Ombudsman’s remedial powers.

• Coordination with the Public Complaints Bureau and the Enforcement Agency Integrity Commission (EAIC) to avoid overlap.

• Mechanisms to ensure state governments and local councils are included.

• Wide investigative powers, including the authority to initiate probes, access documents under secrecy laws, and enter premises without prior notice.

He further urged a review of the EAIC Act’s definition of misconduct so that it applies to the entire civil service, not just enforcement agencies.

“Finally, there must be a clear separation of powers between the ombudsman and integrity units in ministries or agencies,” he stressed.

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