The government should be allowed to proceed with the appointment of Abdul Gani Patail as the new attorney-general although it has yet to gain royal approval, said Minister in the Prime Minister's Department Dr Rais Yatim today.

Rais, who is also the de facto law minister, dismissed talks of a controversy surrounding the appointment, which was said to be unconstitutional.

"There is no point of controversy. It is for the government to do its work. What was just announced was that the government was in favour of the appointment and the rigmarole had to be done," he told reporters at the Parliament lobby.

Rais said the question whether royal approval should be obtained is up to the government to decide under the "current circumstances".

"We just had an Agong who had just passed away and in his place there is the Timbalan Agong (Deputy Agong). Let the prime minister do his work," he said

When asked by malaysiakini if Abdul Gani's appointment is already official, he said that the appointment of the attorney-general has never been a controversy before.

"Over the years since Merdeka (Independence), it has never been a problem. When and how, let the government do its work," he said.

No royal approval

Dewan Rakyat speaker Mohamed Zahir Ismail insisted yesterday that he was right in maintaining that Abdul Gani was officially appointed as the new AG as his appointment had yet to receive royal approval.

Zahir made the statement when he rejected the call for an urgent debate on Abdul Gani's appointment as the new AG by MP Teresa Kok (DAP-Seputeh) last Monday.

Three days later, Rais disputed Zahir's statement.

"There is no confusion (over the appointment). The appointment of Abdul Gani as announced before will go on. I do not think that the speaker was privy to the procedures," he said.

On Nov 19, Rais announced that Abdul Gani would replace Ainum Mohamad Saaid to the top post after Ainum had tendered her resignation letter on health grounds. Ainum's resignation takes affect from Dec 31.

Rais had also said that Abdul Gani would assume the duties of Ainum as soon as she goes on leave prior to her resignation.

The announcement of Abdul Gani's appointment a day after Ainum's resignation raised doubts if the constitutional aspects of the appointment were followed, especially when the late King was seriously ill after undergoing cardiac surgery.

According to the Constitution, "the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified to be a judge for the Federal Court to be the attorney-general for the federation".