MACC: Good enough for BN; Pakatan wants improvement
It was a rare occasion in Parliament today when lawmakers from both sides gave their support in general to the proposed Malaysian Anti-Corruption Commission (MACC).
The day-long debate saw parliamentarians agreeing in principle that there was a need for a better mechanism - such as the MACC which will replace the current Anti-Corruption Agency - to be set up to fight corruption in the country.
It was a rare occasion in Parliament today when lawmakers from both sides gave their support in general to the proposed Malaysian Anti-Corruption Commission (MACC).
The day-long debate saw parliamentarians agreeing in principle that there was a need for a better mechanism - such as the MACC which will replace the current Anti-Corruption Agency - to be set up to fight corruption in the country.
However, the MPs differed on the nitty-gritty of the MACC Bill . While the opposition MPs were asking for more powers for the commission and pointed out several areas that needed to be refined, the backbenchers argued that the current proposal was good enough.
Debating on the Bill, Lim Kit Siang (DAP-Ipoh Timor) congratulated Prime Minister Abdullah Ahmad Badawi for finally pushing for the formation of a more powerful anti-corruption body.
"We want to give our support but it however can't be a blank cheque," said the veteran MP, pointing out that there were several proposed provisions in the Bill that had detracted from the original purpose of having a more impartial anti-graft watchdog.
Complaint committee is ‘pointless'
His main concern was whether the MACC will be fully free from the executive's influence.
"Although the MACC is now out of the PM's Department's jurisdiction, is it still responsible to the premier? The prime minister will still decide on who are the individuals that will sit in the committees under the MACC," Lim pointed out.
The DAP supremo expressed hope that the MACC will be the instrument that helped Malaysia to emerge as one of the least corrupted countries in the world.
Echoing the same sentiment, Mahfuz Omar (PAS-Pokok Sena) said the Special Committee on Corruption - made up of MPs or senators from both divides - should be given more power to determine its own members.
Under the proposal, the special parliamentary committee will be tasked to examine the commission's annual report and then submit a yearly report on the discharge of its functions to the prime minister, who will then present the annual report to Parliament.
Mahfuz also argued that the proposed complaints committee to be set up along with the MACC was "pointless" as it may overlap the function of another new body to be set up next year.
"This committee is pointless since the Special Complaints Commission (SCC) Bill is scheduled to be tabled in next February and they will overlap each other's duties," said the PAS MP.
The complaints committee will monitor the handling of non-criminal complaints against the MACC officers and identify any weaknesses in the commission's work procedures.
Apart from the duo, Opposition Leader Anwar Ibrahim (PKR-Permatang Pauh) also gave his conditional backing to the MACC in his debate earlier today. He called for prosecution power to be accorded to the commission.
He also wanted clearer provisions on the protection for the whistleblowers.
‘No law is perfect'
In supporting the MACC Bill, backbencher Tajuddin Abdul Rahman (BN-Pasir Salak) said that there was no law that can be deemed as perfect.
"The proposed MACC has shown a lot of improvements from the perspective of law so it can be an efficient tool to rid corruption from this country," said the vocal MP.
Referring to critics' arguments that too much power was given to the prime minister under the MACC, Tajuddin said it was a necessity.
"Certain powers must be vested in the head of the government, otherwise how can we ensure a smooth running of the administration," the backbencher argued.
He also said the MACC should play a role in educating the public to fight against corruption, such as reminding the Muslims that corruption was considered a "big sin" in the religion.
Another backbencher, Khairy Jamaluddin (BN-Rembau) fended off criticisms that said the MACC did not enjoy prosecutionary power.
He said while the power to prosecute should be vested in the commission ideally, what was more important was that such a power can be invoked without any political influence.
"What is stipulated in the Bill reflects the (spirit) of our federal constitution where the power to prosecute should be in the hand of the attorney-general.
"This is the separation of power where the investigating body should not be the one to prosecute as well," argued Khairy, adding that MACC Bill has also been given power equivalent to that enjoyed by a deputy public prosecutor to the commission's head, known as chief commissioner.
The Rembau MP also questioned whether the whistleblower-protection clauses in the Bill were sufficient to protect the informants as he called for the enactment of a separate legislation to deal with the protection for whistleblowers and witnesses.
"We need a specific Act not just to protect their identities but also to include measures to provide security assurance to the witnesses or whistleblowers in corruption cases," he said.
Pak Lah in the House to follow debate
Defending the independence of the commission, Mukhriz Mahathir (BN-Jerlun) said it was wrong to claim that the MACC was not given a free hand to carry out its investigation.
"To say that the (MACC head) will be appointed by the Agong on the advice of the prime minister and renders the MACC as not being impartial is wrong because even in Hong Kong, the Independent Commission Against Corruption is also under their government," he said.
Mukhriz also said the committees that were set up along with the MACC will provide a check and balance to the commission as they will be led by people with integrity.
This showed the government's seriousness in promoting for accountability, he added.
The MACC Bill was tabled personally by the Prime Minister Abdullah Ahmad Badawi in the Dewan Rakyat last Wednesday. Abdullah was also in the House this afternoon to follow the debate.
The sitting has been extended to 11.30pm tonight to allow MPs to take part in the debate in order for the government to reply to the MPs' debates before seeking to pass the Bill tomorrow.


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