Govt defers Prisons Bill after MPs object to 'regressive' immunity clause

PARLIAMENT | The Prisons (Amendment) Bill 2026 has been deferred and will be referred to the relevant parliamentary special select committees (PSSCs) following opposition from MPs across the divide.

Deputy Home Minister Shamsul Anuar Nasarah informed the Dewan Rakyat of the decision today after debates from 14 government and opposition lawmakers.

"The ministry agrees to bring this bill to the PSSC on security and the PSSC on human rights for further scrutiny," said Shamsul, who had tabled the bill for its first reading on Tuesday.

Topping the list of concerns was the implications attached to the proposed Section 63A, which provides protection from court proceedings to prison officers and any person following instructions from the commissioner-general if any act or negligence occurred in good faith, with a belief that it was necessary.

Former deputy law minister Ramkarpal Singh (Harapan-Bukit Gelugor) cited Suhakam's recently released report on a riot at the Taiping Prison in January last year.

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"If this new Section 63A is introduced or included in this amendment, then it could be more regressive, rather than progressive, which is contrary to the spirit of reform under the Madani government," he said in his debate speech.

Similarly, Awang Hashim (PN-Pendang) expressed worries that the provision could make prison officers "untouchable", empowering abuses of power.

‘Draconian, regressive’

Further, Doris Sophia Brodi (GPS-Sri Aman) warned that the clause moves the government away from the principles of accountability, labelling the bill as "draconian" and "regressive".

Additionally, DAP's Lim Lip Eng (Harapan-Kepong) touched on Clause 9, stressing that any inclusion of confiscated property in the prison officers' reward fund could create a conflict of interest for officers conducting searches.

According to a copy of the bill on Parliament's website, Paragraph 60(2)(d) of the existing Act states that the fund only includes money obtained from the disposal of items found during searches in prison with no clear owner, as well as confiscated money.

Lim said amendments must provide for an official record of ownership for any confiscated property, a system for owners to reclaim their items, transparent disposals, and for sale proceeds to be kept in a separate account until the expiry of the claim period.

Overly broad wording

Besides that, Ahmad Fakhruddin Fakhrurazi (PN-Kuala Kedah) criticised the new Section 46OA, which would allow the commissioner-general to order the installation of electronic monitoring devices on prisoners released on licence or parole.

He said the wording of the section is overly broad as it does not differentiate between prisoners of different risk levels or the severity of their offences.

"(Neither does it) clarify whether the use of this device is an extraordinary measure or whether it will be a routine administrative practice," he added.

Using the same argument, he went on to slam the new Section 66A to empower the commissioner-general with the ability to appoint volunteers to assist prison officers in carrying out rehabilitation programmes.

He highlighted the bill's lack of elaboration on the origins of the volunteers or the types of screening they must undergo prior to their involvement in the programmes.

"I believe that if the government wants to open up space for volunteer involvement in the prison system, then this Act or at least the regulations under it, need to clarify the minimum standards for eligibility, screening, training and the scope of the volunteer's role.

"Otherwise, we are opening the door very wide to the involvement of outside parties but without sufficient guarantees in terms of security, professionalism, confidentiality, and protection of the prisoners themselves," he said.

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