The controversial Judicial Appointments Commission (JAC) was approved by Parliament this evening despite strong concerns from lawmakers from both sides over its constitutionality and independence.

The third reading of the JAC Bill, tasked to deal with the appointment and promotion of superior court judges, was passed at 7.57pm through voice voting following a two-day intense debate.

During the voice voting process, there was only a small group of Pakatan Rakyat MPs inside the Dewan and their voice of objection was hardly heard.

Prior to the voting, a number of parliamentarians from both sides of the House have raised various concerns regarding the Bill.

Among the main concerns that were raised by the MPs included the fact that the JAC remained under the thumb of the premier.

The commission's constitutionality was also hotly debated with many MPs arguing that the new commission was ‘unconstitutional' since its recommendation on the judges' candidate was not binding on the prime minister.

sapp chua soon bui nazri abdul aziz parliament 070708 03 In a bid to fend off the criticisms levelled against the JAC, de facto law minister Mohd Nazri Abdul Aziz said in his winding-up speech this afternoon that the issue of constitutionality did not arise at all.

His explanation however inadvertently confirmed that the civil societies' demands for the judicial appointment process to be freed from executive's influence was far from reality as the premier would continue to hold the final say in the matter.

"This Bill is meant to enact provisions for the selection of candidates for superior court judges in order that the names can be submitted to the prime minister. It doesn't touch on the prerogative of the premier in relation to the appointment of judges.

"The MPs need to understand the difference between the selection of candidates which is provided for under this Bill and the appointment of judges (as stipulated) under the federal constitution," said Nazri, who is the minister in the Prime Minister's Department.

Concerns without basis

Elaborating, he said the JAC deals with the selection process and therefore will not affect, encroach into or replace the current appointment process as laid out under the federal constitution

He stressed that the JAC can be formed on its own without having any constitutional amendment.

"The JAC merely complement the current provisions that we have," he added.

Addressing Sabah and Sarawak MPs' concerns that the JAC contradicted with the constitutional position of the two states, Nazri argued that these concerns have no basis.

The BN MPs have said in their debates that the commission ignored the spirit of constitution since the consultation process with the chief minister of Sabah and Sarawak will be bypassed.

"The concerns of the MPs from Sabah and Sarawak has been taken into consideration by the government. The said consultation is not affected at all in this Bill because the selection does not involve the need of consultation under the Federal Constitution," the minister reiterated.

Meanwhile, replying to a question raised by Ibrahim Ali (Independent-Pasir Mas), Nazri said the Agong cannot reject the advice tendered by the prime minister on the appointment of judges.

"The same situation remains even when we have the JAC," he explained.

PM's power

On the appointment of four ‘eminent persons' to the nine-member JAC, Nazri said the prime minister will take into account whether there are any potential conflicts of interest before appointing them.

He also explained why there was no criteria stated on who was to be considered as an ‘eminent person'.

"The word ‘eminent' should be interpreted in its ordinary meaning and it is up to the prime minister to use his discretion to evaluate the person for that purpose of appointment.

"There is a safeguard to ensure the prime minister does not divert from the purpose of these appointments as he has to consult the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak and others," he noted.

However, replying to a question from M Manogaran (DAP-Teluk Intan), Nazri said the objection from the Bar Council, if any, on the appointment of any ‘eminent person' was not binding on the prime minister.

On the prime minister's power to revoke the appointment of the JAC member without having to give any reasons, the de facto law minister said this power will only be exercised judiciously.

With the approval of the JAC and the Malaysian Anti-Corruption Commission, Prime Minister Abdullah Ahmad Badawi is now left with his last reform agenda - that is the tabling of the Special Complaints Commission Bill to the Parliament in its next sitting in February next year.

All three were promised by Abdullah to be carried out before he leaves office next March.

The three commissions were announced by the prime minister following his Barisan Nasional ruling coalition's disastrous performance in the March 8 general election.